In Michigan landlord-tenant law, mobile home park tenancies require just cause for termination, with specific protections for tenants who lease both the home and lot versus those who own their home and lease only the lot; courts must balance tenant rights (including right to counsel, jury trial, and emergency assistance) with landlord rights to enforce lease terms, while also addressing practical issues like rent payment disputes, fee assessments, and proper court procedures including Zoom hearings and case continuances.
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Courtroom Roulette: Judges, Cases & Chaos Live - June 19 2026
Added:The potential you'll be that you will never see the promises you only make. I didn't say that. Well, let's try it again. Drink up, baby. Stay up all night. But the things you could do, you won't, but you might. Potential you'll be that you'll never see. The promises you'll only make.
Was like that artist with us anymore.
Uh the district courts are open on June 19th. Some of the state offices are closed uh but the courts are not and St. Joe County is open. So we are open for a regular day of business. Some people took a day off. We're just conducting regular scheduled court.
Um, thank you for saying good morning.
That's about right.
Maybe they'll figure the holiday out, but I'll be retired by then.
They tried to do it once and it was a mess. The county contracts didn't cover it. And anyway, that's all I know is I'm here. I got work to do.
Let's call a little bit Wednesday and uh see who comes.
Uh Ela just sent me a last minute email.
Let's see what it says.
At 8:19, we received an appearance and a number of proposed exhibits.
Okay, I guess we knew that was coming. I haven't seen any of it. Did you get the email, Danny?
>> Your honor, I have not looked. Uh I This is This morning's >> Yeah, this morning's Zoom is from my driveway. Um my daughter's home for Father's Day weekend. My mother-in-law is with us right now. So, I think it was much more much more peace and quiet out here.
>> Thank you.
All right, we are on the record. We're on the live stream and we're going to address the matter of Centerville Mobile Home Park versus Roger Wired and Ray Wired.
Uh, Mr. Daniel Landman is here on behalf of the park. Uh, one of their owners, Christy Desenzo, is also present and Meg Bower is here from Legal Aid. About one minute ago, I got a forward of an email that Meg said at 8:11 or 8:19 this morning regarding this case.
>> We had mentioned it in passing when we were all here on Wednesday on another Centerville mobile home case knowing in advance that Miss Bower was going to appear.
Uh good morning, Meg. You sent a bunch of stuff which Daniel hasn't seen and I haven't yet seen. Um, what's your position?
>> Uh, good morning, your honor. Uh, yes, that's correct. Um, >> just a moment.
>> Did you get >> I did. Um, are they here? Are the wires here?
>> Not yet.
>> No. Okay.
>> Let me know if they're out there.
>> Okay.
>> Okay. Uh I'm sorry. Go ahead. The clerk just brought me a printed copy of what you had submitted, but I haven't looked at it yet.
>> Uh thank you. Thank you, Judge. And uh yeah, certainly um filing uh sooner than this morning would be ideal, but as you know, she just had her first hearing seven days ago. Um so uh and we were preoccupied earlier this week, but um in short, this case was filed as a um as a non-just cause termination of teny. But um the wireds live in a mobile home park and just cause is required to terminate a teny in a mobile home park. So, uh, the the defendants asked that the court dismiss this case for that reason.
>> Uh, Mr. Lman, what's your position?
>> Your honor, the uh, just uh, by way of background, this case was heard a week ago. Um, I think Mrs. Wired was present, indicated that she wished an adjournment to speak with legal aid uh which the court properly granted. Um and now certainly she has availed herself the opportunity to do so. In this particular case, your honor, uh the tenants have leased both the home and the lot upon which the home sits. They do not own >> right, they do not own the manufactured home. Uh therefore, uh the uh just cause is not required. Uh there is a specific statute um that provides that their teny may be terminated without just cause uh because of the fact that they do not own the manufactured home at issue. Uh the lease for the lot was a monthto-month teny. The lease for the home was a one-year lease that expired April 25th.
proper 30-day notice was given as to both the home and the lot. Uh so therefore, it is our position uh that the tenency may be terminated uh because of the fact that the lease has expired as to both the home and the lot.
>> Judge, >> yes, >> I uh just a minute. Do you have the site to the statute that you mentioned?
>> The top of my head, your honor, I don't.
as I mentioned uh and and before Miss Bower joined the call uh I'm actually zooming this morning from my driveway as I've got a house full. Uh so I I am not in my office and I not at my computer uh to be able to pull it up for you.
>> All right, Miss Bow, what's your position?
>> Um thank you, Judge. I was just going to direct your attention to the to the two relevant statutes. Um those were included in what I provided to you.
MCL6005775 reads, "The teny of a tenant in a mobile home park shall not be terminated unless there is just cause for the termination."
That statute does not say the teny of a tenant who owns the mobile home may be may uh shall not be terminated unless there is just cause. It simply says the tenency of a tenant in a mobile home.
Now the plaintiff has cited to MCL6005714 sub one or sub3. That is the statute allowing um allowing termination at the end of a lease for term. But 5714 sub3 again specifically says uh that a tenency uh in a mobile home park requires just cause under those two statutes by reference. Um, so the the the court is not uh when the statute is clear on its face. And here's the uh to read that into the record, I suppose, was 5714 sub3. A tenant of a mobile home park is not considered to be holding over under subsection 1B or C.
I'm sorry, I said one uh one or three, but it's 1 B or C. Um, the tenant of a mobile home park is not considered to be holding over under subsection 1B or C unless the teny or lease agreement is terminated for just cause pursuant to chapter 57A.
>> The husband has moved out.
>> I know you're in here.
>> Uh, your client is late, but she is here.
>> I Yeah, I gather that >> he's moved out. Uh, obviously this is that one of the problems is I can't ever read the lease from Centerville Mobile Home Park. It comes four pages to a page and it's so microscopically small I can't read it. So it has no evidentiary effect. It might as well be written in a foreign language because it's too small to see. So I can never read the lease.
Um secondly, you lay this information and your appearance on me 11 minutes before we start and uh Mr. Landman uh is at a disadvantage in his current situation. Miss Wy is here with me in the courtroom now. She's late, but she is here. She might have been here. We just didn't realize it because the hallway is full of people. But I'll indicate that she is here.
Uh Meg Bower is here and I saw the appearance on your behalf. Uh your representation is that you are still residing there and Roger Wy has moved out.
>> Yes.
>> Is there anyone else there or just you?
Me and my son are there. So, >> all right. How old is your son?
>> He is 25.
>> What's his name?
>> It's Ro. He's the third.
>> All right, Miss Wired. We've been discussing the difference between someone who rents a mobile home lot and owns the mobile home and rents the lot from the park or someone that rents both the lot and the trailer. I've always treated those like renting an apartment.
Uh you're renting the lot and the trailer from the mobile home park. uh it's a one entire tenency and uh different than the situation where someone owns a mobile home and uh rents the lot. There's a specific way to do it called the just cause termination which gives the tenant 90 days to move or sell the mobile home and 10 days to vacate. In this case, you don't own the mobile home. You rent it. And according to Mr. Lambman, your lease is expired.
Miss Vower contends that the law says they can't do it that way. They have to do a just cause regardless.
Uh, which means they could never get anybody out. I suppose they'd have to wait for them to have three late rental periods. Let's assume that they wanted to uh put their son in the trailer.
that they had a lease and they had a lot lease and their son was coming out of the military and they want to put them in the home. There would be no mechanism for them to remove a tenant from that teny.
Um I'm not sure that's what the law states.
Um but theoretically, as long as they complied with all the terms of the lease, they could never terminate it. um it would go on in perpetuity and uh I don't know that a landlord is bound by that. Anyway, the parties have raised some legal issues that are going to need more attention. So, we knew this on Wednesday. Essentially, this matter is going to have to be adjourned. Let me ask this, Miss Wired. Are you going to be able to afford to stay there after Roger leaves or do you think you're going to want to move on to somewhere else?
Uh, I guess judge, can I ask the relevance of the question?
>> Well, I want to know whether we're going to have to have a pitch battle about this or she plans to move in a month.
>> If my client's able to move, we would certainly arrange a settlement with the plainif and present that to the court.
>> All right. U, do you know what your plans are at this point?
You plan to try to stay there. So, she indicates she wishes to stay >> and and your honor, I would I would indicate just for the record, um rent has not been paid in five months. The balance is over $6,200.
Uh so, uh there's also that to factor into the equation.
>> Judge, I must respond to that because it is an incomplete representation of the facts. On March 10th, the park charged my client $500 in legal fees, alleging that they had already filed this case, which was not filed until May, and refuse to accept anything less than full payment, including that $500 legal fee assessed in March. They have locked the tenants from paying. So to conrue that they have not paid for an extended period of time is an incomplete and deceptive of the court. And I don't mean that of Mr. Landman because he may not know all those facts. But there is far more to the to the story here.
>> Mr. Senzo, this makes lots of work for me. Um you this is about the fifth time we've had a case where you block somebody out from paying their payments.
The other issue is I suspect she hasn't set $6,200 aside um to uh to pay this rent. Uh now there may be issues as I did in Mr. Penstein's case.
I did an escrow order and he religiously paid his escrow to the court and uh I suspect once they got locked out that money may not be just sitting there ready to pay this rent. So under your theory, can they do anything? Can they do a non-payment of rent case? Uh fail to pay rent. Uh >> I Yes, judge. that would be um appropriate on two fronts. If they had provided the uh 7-day demands for possession and allowed the tenants to pay, there is a statute that and we've discussed this, but there's a statute that exempts mobile home parks from the park forest defense. So, there's no reason to withhold rent. Um and so if they had provided the 7-day demands for possession and allowed the tenants to pay and the tenants had failed to pay, they would have their just cause. Also, the uh we've had this discussion with attorney Reed a few times that legal aid has never objected to non-payment of rent cases at mobile home parks, whether the tenant owns the home or does not own the home. And so, they would absolutely have that course of remedy. They could file a non-payment of rent.
>> And as you know, that's very controversial. Many courts don't allow that. Um you're both aware of this. They are working on some amendments to the mobile home law. It's archaic. It seems to have bipartisan support. It probably won't pass until I'm gone, but it would help us who work in this area to have some clarity on some of these issues.
All right. Um, yes, I don't like the fact that people are getting locked out from paying their rent. Once you file a termination of tenency action in a landlord tenant case as a rule, they are prohibited from accepting any further rent. That rule does not apply. It's based on a case called Park Forest versus somebody um to mobile homes. Anyway, the bottom line is we've got to find a place to put this.
Defendant indicates she wishes to stay there.
Good boy.
I'm gonna continue this to Friday.
>> Sorry, >> I apologize. My internet's going out.
I'm not sure if you called me.
>> Okay. Can you hear me?
>> Yes, I can. I'm so sorry. My internet was going out.
>> All right. Um, I'm going to continue this >> if if I may, your honor. I >> No, you may not. Do you have a lawyer that speaks on your behalf?
Um, I'm going to continue this to July 10th at 11:00 a.m. We'll block out that whole hour.
I am going to order an escrow for June and July.
Uh lot and trailer together are how much?
Your honor, the rent for the home is $1,10.
I'm sorry. The total is,10.
Lot rental is 500. Home rental is 510.
There's also a $3 mobile home tax and a maintenance fee of $5. Uh so actually uh it would be slightly more. Uh but 1,0 is lot rent plus home rent.
>> All right, Miss Wy, I don't want you to get six or eight months behind in the rent before we even get this heard. I'm ordering that you pay June's rent of 1,0 and on July 1st that you pay July's rent of 1,0 uh and I'll do an order to that effect. U anybody cares to file any additional pleadings or briefing on this, I would appreciate it. Uh Meg, I saw you had some sort of opinion from the 6 and District Court. I haven't had a chance to look at it. Um, seems like I would have had this issue before, but I don't believe I ever have.
Um, seems like it would have come up. As I said, I treat it generally like an apartment trailer and lot is one uh and uh but my statement that the def plaintiff has no way of removing a tenant from a teny like this except just cause and I don't think that is what the law says.
they could never get anybody out uh unless they violated the terms of the lease. And so why even have a lease? Why have a one-year lease if you can't do anything about it when it expires?
Um so I'm going to take a closer look at it. Now, Miss Wy, for your purposes, we're going to continue this to July 11th. Uh your lawyer is very knowledgeable about landlord tenant matters and she's filed some pleadings.
Mr. Glamman also represents mobile home parks. Um, if the plaintiff gets what they ask for, you would have 10 days from uh July 10th to move out. That would be you'd be have to move out by July 20th or you'd be subject to being evicted.
If your lawyer gets what you're asking for, I guess they could never remove you unless you somehow violated the lease.
Um, so you may when you discuss that with your lawyer, discuss your options. She indicated if there is some agreement to vacate that uh they could do some sort of settlement agreement.
Um, also I'm going to right now apparently for reasons that aren't completely clear, no rent has been paid since March. So we may at some point be fighting about April, May, June, July's rent. Um, we've had some issues before where people have gotten locked out of paying their rent where they accept only payment in full or they won't accept the payment.
I can't do that. But um we'll sort that out. At any rate, I've continued this to July 10th. I'm ordering that you pay June's rent and on July 1st that you pay July's rent to the court and I'll hold on to it and then depending on how it's shakes out, I'll distribute it uh either to apply to rent or other issues. So, it's an interesting question. We'll try to see if we can come to an answer. Um, I'm sorry I had to come in this little room and the deputies are quite busy as it is. So, my suggestion is you stay in contact with your lawyer. As indicated, she knows a lot about this area of law and we'll address this further on July 10th >> at 11:00 >> at 11:00. You're free to come. Hopefully on that day we'll be able to use the big but we've got as you saw 50 people out in the hallway on criminal cases today.
So there's a lot going on. All right. Do you have any questions?
>> All right. You're free to go.
>> Your honor, will the hearing on the uh 10th be in person for all of us or will will it be >> It'll be It'll be Zoom.
>> It'll be Zoom. Okay. Very good.
>> All right. Thank you.
Thank you, your honor. Have a good weekend.
>> Okay, we're working on it.
>> Thank you, Dan. Judge, I apologize that um I uh we are closed for the day, so I'm not actually supposed to work today.
>> Well, thank you.
>> And I won't see you guys.
>> I appreciate your uh diligence. Yes, this is a question as to whether we're here or not here. and the the county employees are here, the state employees are not. Anyway, I'm here and uh thank you for being here. I'll see you guys all. You'll continue to talk in the meantime.
>> All right.
>> Thank you, your honor.
>> Me, are you going to stay with me for the rest of the morning?
>> No, that's what um I'm not I'm not supposed to work.
>> You go enjoy your day off. Thank you.
I'm >> sorry. I'll miss you, Andy. What's that?
Andy >> Gilmore Shabas, >> he wanted uh I I clicked her out to it's like she's supposed to be at your golf outing. All right. Um well, that case is an interesting case and I'm not sure how much you heard of it, but uh it's a lot and trailer rental both. Yeah, I never heard that particular spin. So, that was interesting.
>> Yes. I guess we'll see where we go. Uh, Mr. Betts, which case are you here on?
>> He's at the 9:05. He's in the plan.
>> Oh, Bets. Okay, very good. Uh, we've got a little time to kill here.
>> Andrew, I'm gonna try to get >> get to the lunchon.
uh in a timely manner. You saw my email as to who's the next nominated bar officer >> and uh but I may be late because I have a uh a sentencing a felony sentencing at 11.
So, we'll hope for the best.
>> Olivia is the raging Canadian.
>> Anyway, she's she's gonna do fine. She uh she's already gone to the bar leadership training which great impressed me. So she'll she'll she's next in line. There's a Abigail that's probably coming up next. But uh we have a non democratic system for nominating members and officers of the St. Joseph County Bar Association.
For many, many years it was Judge McMass who was the nominating committee of one.
>> Well said. And then Judge Welty inherited the nominated committee of one. He had a chart as to who was next.
And then I inherited it from Judge Wealthy. So I've had it for 15 years or so. And uh there is no election. there is no uh you're simply next up. But I will say almost every single member of our bar association has served as president.
Um everybody and so it's ealitarian that everybody gets stuck with it at some point. But people in the prosecutor's office, Josh Debbie Marvin did it, John Mcdana did it. Um and uh generally there's a requirement that you at least practice in the county or reside. Our only non Well, that's not true. Uh Fred Taylor was president of our association and uh he actually practices in Kazoo, but he's been an active member of our bar for years.
Good morning, Mr. Walters.
We're waiting a few minutes for the defendant to appear.
>> Your honor, if I may, in that matter, that 9:00 matter, Dave Wolf went to the emergency room last night.
And this is a case where David needs to be here. The problem is David's allowing people to move in that aren't permitted under the lease. And since he ended up in the emergency room last night, a bunch more people showed up and the cops can't do anything about it. They're living in the garage.
Well, how about if we continue this Monday?
Um, hey Richard, can you take your mute off?
Richard, do you know if David's going to be out of the hospital by Monday?
You had yes or no?
I can't hear you, Richard.
Pretty sure he didn't go to the Sturgeis hospital.
>> Well, they closed it. Uh, yeah. Today.
Um, well, it may be a if if I'm overreaching. I guess that would take us to next Friday, but next Friday's a holiday, 3rd of July, I think.
>> No, I'm today on the 26th. I guess I was going to try to do the 26th.
>> 19th.
All right. Well, let's continue in one week. I'm sorry to go that far, but we have to make sure he gets notice.
>> Yeah.
>> What time?
>> 1:20.
>> Did you hear that, Richard? Shake your head. Yes.
Yep. 120. Next Friday.
He shook his head. Yes, your honor.
>> All right. Hopefully, Mr. Wolf will recover. Uh, this is filed as David Wolf, but not all others. Yes, it is David Wolf and all others. Uh, so the others, we'll see. So, he gets a German anyway.
So theoretically, uh, all right. Well, that's the best we can do. We'll adjourn this for 7 days next Friday afternoon at 110.
>> All right. Thank you.
>> We just got our people from the 905 zoomed in too, your honor.
>> Yes, I see that. Uh, Mr. and Mrs. Ferris, would you join us, please?
>> Good morning.
>> Good morning.
>> Okay.
>> All right. Are you Alyssa Ferris?
>> Yes, sir.
>> And you're Josh Ferris?
>> Yes, sir.
>> All right. Thank you. This is uh titled uh Connor Betts versus Joshua Ferris and Alisa Laughler. File number is 261049 LTI.
Laugher is also known as Alicia Ferris.
Uh you are here as a tenant in a demand for non-payment of rent. Your landlord is asking that you pay the rent and we'll uh assess that in a moment.
As a tenant in a landlord tenant proceeding, you have certain rights. You have the right to hire a lawyer. You cannot afford an attorney. You could see if legal aid would be willing to represent you. They're not here today because this is a partial government holiday. You could contact them at the number that I gave you or you could seek other legal advice. You have a right to have the case heard here in St. Joseph County where the property is located.
You have a right to demand a jury trial.
If you wish to have a jury trial, you must tell me at this first court appearance or be prepared to make the written demand within five days and pay the $50 jury demand fee.
You may be able to reach an agreement with the landlord by going through mediation if both parties are interested. The court can help set that up. In a non-payment of rent case like this is, you may be able to get some emergency housing relief from the Michigan Department of Health and Human Services, Community Action Agency, Neighborhood, Inc., the VA, or other uh funding agency, although frankly right now they don't have a lot of money.
And finally, if you can reach out an agreement, if you can reach an agreement with the landlord, they may file something called a conditional order of dismissal and u that would resolve the case. Mr. Andrew Ragnus is here on behalf of the plaintiff. Mr. Ragnus, what's the current aarage? Well, your honor, in so far as rent, it's the sum of 3,12979.
And then we have costs totaling 1948.
When you total all that up, it's 3,32462 >> through June.
>> That's just through end of June, correct?
All right, Miss Ferris. Mr. Ferris, what's your position?
>> We applied for uh through DHS. I just did that yesterday. And Josh is working.
He has a job.
And my mother has also been helping out as well and and is willing to help. So, but I did apply through DHS already. I did that yesterday.
>> All right. Very good.
Let's look at our calendar.
>> Hey, your honor.
>> Yes.
>> I just wanted to know where uh where where's everybody getting the address is 905 when our address is 801 South Main Street, 3 Rivers, Michigan 49093.
>> Uh well, this says 801 South Main Street.
>> Is that the address you're at? Yes, sir.
>> Everything is at 801 South Main.
>> Well, we're going to go into July regardless, not the 26th.
Well, >> I mean, if we get to July, it's another 1,200 that's going to be due.
>> Yes, it will. But we're going to be in July regardless if we'll be on the rent date.
>> So, I'm going to continue this. I'll split the difference. We're going to continue to the 29th uh at 215. How does that work for you, Andrew?
>> Yeah, that's not a problem.
Connor, did you hear that? Shake your head yes if you got that. Okay.
>> Yes, I heard that.
>> Okay.
All right. Now, if you do get assistance, that's great.
Um, one of the things that you need to know is partial payment will not prevent the rid of eviction. You have to pay the entire amount. So, the amount is pretty substantial and it's going to go up $1,200 on July 1st.
So, you may as well add $1,200 to this, which makes this about $4,500.
That would be 4,52462 through July.
So right now we're still in the month of June. So that's a lot of money. Let's say DHS gives you four $3,000.
You still owe $1,500 to make it complete. You have to pay the entire amount. So, right now, this amount I gave you is only through June.
If we add the month of July, it adds $1,200.
Now, if you decide to move, that's your option as well. If you do move, you need to turn in the keys and give your forwarding address in writing within 4 days of your moving.
But I encourage you to stay in contact with DHS.
Um any payments that you make between now and then will be applied to the urge. Um but in order to cure this you have to pay the entire amount. So we're going to do this again by Zoom on Monday, June 29th at 2:15.
We'll see what your circumstance is at that time.
>> What's the total amount >> right now? It's 3,32462 through June. No, I mean I mean by the time we have to come back to see you, >> it will still be 3,32462.
On July 1st, an additional $1,200 is due.
So through June, it's 3,32462.
I used to add the subsequent month, but um there's a circuit court ruling that said I'm not supposed to do that, so I don't do it anymore. Um so through June, 3,32462 and on July 1, another $1,200 will be two.
All right. Do you have any other questions?
>> Nope, that's it.
>> All right. Thank you. You're both good to go. I'll see you on the 29th. Thank you.
>> Okay, we'll see you at noon.
>> All right, Andrew, you had Sweet Lake.
Let's make a record on that one.
>> Yeah, that's dismissed already.
>> But I got somebody in the waiting room.
Let's see who this is.
>> Whiteacre.
>> I don't know.
>> Somebody named Freddy. Somebody named iPhone.
>> Yeah. Okay.
>> Hello.
>> Good morning. What's your name, sir?
>> Jacob Whitaker.
>> All right, Mr. Whitaker. Uh, this is file 26115LT.
It's entitled Sweet Lake Mo Park versus Jacob Wick. Just give me a sec here.
This is Judge Middleton. I'm here with Andrew Rognes who is the attorney for Sweet Lake. He has provided me with an order of dismissal dismissing this case. He indicates that you've vacated. You're no longer there.
Is that >> Yes. And that was the text message I received from Melissa this morning as well.
>> Now, when you move, you're supposed to turn in your keys and give your forwarding address in writing within 4 days of your moving. So, I'm going to send you a copy of this dismissal, but right now the address is going to go to lot five.
>> Yes.
I can give you a different address to send that to if that would be better.
>> Well, I don't really want to put your address out over the live stream.
>> Okay.
>> Let me do something. I'll put you on a breakout room and you can give it to Mr. >> Okay.
>> Or I can I can text it to Melissa if Melissa >> send it to Melissa actually. Jacob.
>> Okay. Okay. I was going to say, yeah, I can I'll give it to Melissa and then Melissa can get it to you.
>> All right. Anyway, this matter is dismissed without prejudice.
Uh, thank you for logging in and uh checking in. You're good to go, sir.
>> Is there any uh so the court uh the papers stating the dismissal, there will be papers that state that's that paperwork you're talking about there getting to the address?
It's an order of dismissal and if we get your address so you contact the court or she gives it to us, we'll make sure that you've got it.
>> Okay, that was the only question I really had was just making sure I had a copy of the paperwork to show for my side.
>> Yes, that makes sense to me. All right, you're good to go. Thank you.
>> All right, thank you so much.
Have a good day.
>> We're working on it. All right, and Super Friday, you're back up to speed.
Yeah, I am. Uh, my next matter is go pond at 9:30 and I'm about No, 9:20.
So, I'm about 9 minutes ahead. All right, Andrew. I'll see you at some point this afternoon. Yep.
>> All right. I am a non-golfer, but uh as I said, I go for the business meeting.
So, we've got a 9 20, a 930, a 935.
Got a couple dismissals in there. And then we have a general civil motion.
Once I come in, here. Judge Fannison's stuck yet. His office is behind me. It's very nice office, but he's reluctant to walk through the middle of live court to get to his office. So, took some things with him, but I think he's quite busy with his cases. And I hope he's done in time that I can do my sentencing at 11.
Well, I'll make time to speak to them, but we'll have a break in a little bit.
>> This isn't an ideal place for visitors.
There's a little room. Somebody's come from Washington today. All right.
Tell them I'll make sure I get a chance to talk to you.
Someone came all the way from 30.
Unable to the last Here's Motorola Moto. Let's see who this is.
Maybe another day. Another ceiling fan.
Good morning, sir. Are you Andrew Beard Motorola G?
Deep breath. Uh, Mr. Beard, is that you?
So, shake your head. All right. I'm going to ask you to remove your visor.
This is a court proceeding.
And uh if you could turn your sound on, that would be helpful.
People often, very often have trouble with this.
picture that they enter the sound.
There's a little microphone with a slash through it somewhere. You need to click on that and take the slash off of it.
I used to be able to unmute from my end and I no longer Can you hear me now?
No, it doesn't work >> now.
>> Yeah, I can I said I can hear you.
>> All right. Very good. I've got you now also.
>> Okay.
>> All right. Uh, is Tabitha with you also?
>> Um, no. She divorced me.
>> No, she's not there anymore.
Well, the title of this case is Golden Pond Estates versus Andrew Beard and Ted of the Beard. Uh, Mr. Steve Krodike is the attorney for Golden Pond Estates.
He's here from his office. He has a different background and the pictures that people don't like.
And uh, KCV, the manager is also present. This is filed as a demand for non-payment of rent.
Uh they allege that your rent is behind and we'll talk about that here in a minute.
Uh as such, you have a right to hire a lawyer. If you can't afford a lawyer, you can see if legal aid would be willing to represent you or you can seek other legal representation.
You have a right to have the case. You have a right to have the case heard here in St. Joseph County where the property is located, >> which has never once been an issue, but maybe someday it will be. You have the right to have a jury trial. If you wish to have a jury trial, you must tell the court of this appearance or make the demand in writing within five days and be prepared to pay the jury demand fee.
Uh, you have a right in this type of case to seek some emergency financial assistance.
You could ask the DHS, Community Action Agency, Neighborhood, Inc., VA, or other funding source for emergency funding assistance to help you pay this rent.
You could ask that the matter be referred to mediation. If both sides are in agreement, the court can help facilitate that and set it up.
You may be able to reach an agreement with a landlord by going through uh settlement discussions which could result in a uh conditional order of dismissal.
Anyway, give me a minute to change your name.
All right. Uh, good morning, Mr. What's the circumstance here?
>> Uh, we're behind on rent.
Total amount owing currently uh for rent is $1,428.71.
In addition to that, there are court costs in the amount of $28910 for a total balance of $1,717.81.
I do want to note um that there was a payment made on the 17th by Mr. beard in the amount of $82.95.
That payment is not reflected in the numbers that I just gave you because it has not cleared yet. Uh but if that payment clears, that would bring the total balance down to $914.86 on my math.
>> All right, Mr. beard. What's your position?
>> Um, actually, I think the total balance now after talking with KC, it's down to like 500 and something. I paid another 300 uh earlier this week also.
>> All right. Very good.
>> When did you pay that 300?
>> I think that would have been Monday.
Casey just sent me a message said the five or the 800 I sent and the 300 did clear.
>> Okay. Okay. It looks like we generated the report yesterday >> and I don't see that 300 on here, but I I'll take Casey's word for it. Um, >> all right. Well, we the law requires we continue this matter at least seven days, and this seems to be a perfect case for that.
This may all be resolved by then.
You think you can get the balance paid off within within the >> um I could I could probably do it in the two weeks. Next week I'll have to make a car payment and that's what I was going to communicate with Casey about also.
>> So your honor, does it make sense to adjourn it for two weeks rather than one to so that maybe Mr. Beard has time to get that payment made?
>> We could do that, but that would take us into July. So >> split the difference and we go to Monday, June 29th. We'll give him 10 days rather than seven.
>> How's that?
>> Let me just double check. But >> yeah, that should work.
>> That's what I told Casey also. You know, I did my best trying to get it all caught up before the court, but I said I could only do so much, you know.
>> Yeah.
>> All right. Well, you're making a conscientious effort, which makes a impression on the court. How about we continue this at 2:20 on June 29th?
>> Uh I have got >> two hearings at 2:30.
>> Let's move it up.
132 That's just so they can separate. 1:32 uh p.m.
>> on Monday, June 29th.
>> You said 1:32.
>> Yes. If I said 1:30, it's already something in a 1:30 slot. So, I have to give it a different time. But, we'll cram it in there and we'll make sure we have it in time for you to be at your 2:30 hearing somewhere else. Perfect.
>> Uh, Mr. Beard, you're making an effort to do this. There are some sub issues here that I guess we don't really need to get terribly into. There's an underlying question about whether they can even do this, but I've been allowing it for some time. There's another question about how much of this is rent and is there water or late fees or anything else rolled into this? Is it just rent, Mr. common.
>> Uh, no, there there are some some late fees and some um some utilities. Uh, and then there's an NSF fee as well. Um, I can give you the full breakdown if you'd like it.
>> Um, yes, I would.
>> Rent is $1,200.
utilities. I I've got this categorized as as utilities and then there's a um an NSF fee uh and and another fee involved here are $168.71 and then late fees are $60.
>> All right, that's where we got that number. Mr. here. Do you believe you're down to like $500 or so? Let's see how you can do between now and the 29th.
Now, on the 29th, if there is a balance, I will tell you that you have 10 days to pay it, which would be by July 9th. Of course, on July 1st, another month's rent is due. And uh so I'd like to wrap this up in June if we could, but uh we'll have this hearing further at 1:30 essentially. on June 29th by Zoom like this. Once again, now that you've done it, you're a little more accustomed to it. We should be good with it. Do you have any questions?
>> Um, no, I don't actually.
>> All right. Stay in contact with your manager, Miss Via. That's always my advice. And I will see you on June 29th.
Now, if everything's paid off by June 29th, you don't even need to appear. But if it isn't, we'll have a further hearing here in the court at that time.
>> Okay. I guess could I sort of explain how I got in the situation in the first place? Just so you understand.
>> I don't really need to know. People fall on ours. They have a medical debt or they lose a job or they divorce a spouse or something happens in their financial situation. So, uh I don't need you to share all that here on the live stream, but I understand that you didn't do this on purpose. circumstances landed on you and you ended up behind, but you made these substantial efforts to pay it and I respect that. All right, sir. I'll see you in 10 days.
>> Thank you.
>> Thank you. Thank you.
>> All right.
All right. Our next matter is set for 930.
It is 9:30.
Mr. Beard, I'm gonna let you go.
Laura, would you ask the balis to call for Todd Delo?
Uh, when I call the bails, I call to the entry in the front rather than outside the room. So, we ask the bailos to call for Todd Delo.
>> I got to do this.
>> Uh, Mr. Pendell. Is Mr. Delo with you?
>> Hello?
>> Yes. Are you Gordon Pendell?
>> Uh, yes I am, sir.
>> Is Mr. Delo there at the house with you?
>> Uh, not sure where he's at.
I'll call the case. This is file 261156LT.
This title Gordon Pendell versus Todd Lynn Delo Jr.
Mr. Pendelle is here by Zoom with his ceiling fan going.
Mr. Delo is not here. This is filed as a termination of tenency action. parties live in the same house, 11618 M216.
That's a Marcelus address, but it's inside the boundaries of St. Joseph County.
Uh, and that we get a lot of these where the people are in the same house, there is no lease, there's no rent being paid.
Who is Mr. Delo to you?
Uh, >> he's my wife's son from her first marriage.
Is this a standalone house?
>> Yeah, just it's a single dwelling.
>> All right. Well, so does he live in the house or is there an apartment outside or a room above the garage or that sort of thing?
>> No, it's the house. He's just staying in one of the bedrooms.
He is not here.
>> All right. They called the hall. He is not here. Uh so he is he still in the house?
>> Uh he's been residing here for about five years now.
>> All right. Well, is he there right now?
I'm sorry. I'm having a hard time hearing you.
>> Is Is he in the house right now?
>> Uh, I'd have to go check.
>> All right. Well, he isn't here. Does he have a car?
>> Uh, he has no driver's license. He's a um he's a felon. uh when he got released, uh we brought him in the house to allow him to get back on his feet, get a job, get a car, uh get his license back. Uh he's done none of that, and uh it's just been difficult on me and his mother, and that's why I'm seeking to have him removed from the property.
Is he still on probation or parole if you know?
>> Um, no. It was uh believe May of 21 he was uh 2021 he was released and um we we got married in 22 and uh we got him a job. We got him off probation and uh everything was going good and then right after that everything just started going downhill.
>> Well, he isn't here.
Um he has been personally served. We call the hall.
Uh he's subject to being evicted within 10 days.
We get a lot of these almost every week, but at least each month where someone is in their parents or grandparents or relatives home, they're stuck in neutral and the parent or grandparent once in a while. He has 10 days to move or he's subject to being evicted. Today is June 19th. He has until June 29th to move or he's subject to being evicted. No money judgment is entered. I don't expect he's going to move.
What you're going to need to do is come to the courthouse with $15 and ask for a rid of eviction. That is the process where the sheriff comes and physically puts him out of the property.
He has 10 days to move where he's subject to being evicted. You don't have to evict him in 10 days. Jeff 56 days from today to ask for the rid of eviction, but it doesn't sound like he's made any uh effort to do anything. Uh I often find these people are in depression or addiction or other problems.
And uh he has 10 days to move or he's subject to being evicted. You have 56 days from the day to ask for the rid of eviction.
Uh, we'll send you this order and I'll send him one. He's got to be out by June 29th or you can have the sheriff put him out.
>> All right. Do you have any questions?
>> Well, he he has uh he told me and his mother that he could probably be out by August the first and he was hoping not to get an eviction order because being a felon, it'll be harder for him to get an apartment.
>> Well, that's true.
You can wait till August 1st. That's within 56 days of today. So, you can get him till August 1 to vacate. And if he vacates, then you can dismiss the case.
If he doesn't vacate, you can ask for a rid of eviction.
>> Well, but he the the problem is he's not been that compliant. He's been pretty nice since we um gave him the first 30 days notice.
Uh but uh you know I'm just afraid back out everything I'll just have to start over again in a couple of weeks when he blows up again or something.
>> That's up to you. You have the discretion. But this is a heavy sanction. A sheriff comes and takes you and all your stuff and throws you out in the street. That's what you've asked to do and people asked for it every day.
They wouldn't move unless they were compelled by court order to move.
>> So, you can go ahead and ask for it on >> the 30th of July or June. Or you can give him some discretion to get out, but it sounds like right now he's doing nothing. And so, this forces the issue.
>> Uh, right.
>> Gives a court.
>> So, all right. I wish you good luck. Uh, I would have had you go summon him out of his room, but he's a big boy. He has court notice and he isn't here. So, uh, he's subject to default.
>> All right. Best of luck, sir. We'll send you a copy of that order today.
Another one of those failure to launch cases.
Our next matter is Village Manor versus Courtney Schwarz Freezen. It's set for 10:40 10:40. It is 10:40. I have received a dismissal from the plaintiff without prejudice which I will sign.
So that brings us current to 940. Our next matter is at 950 and that will be our last landlord tenant matter and then we have one general civil motion. Then we will adjourn and hope Judge Patterson is doing well. So I can use a big room.
But it's very crowded as you see out there. Good morning. This is Judge Middleton. I'm just down the hall in the courtroom. Your case is entitled Place Management versus Bevette Leo. File number is 261125LT.
You're a few minutes early and that's okay. We're going to use that time to advise you of your rights as a tenant.
In a tenant, in a case such as this for non-payment of rent, you have certain rights. One of the rights is to hire a lawyer. If you wish to hire a lawyer, you certainly have the right to do that.
You can seek other legal advice perhaps from legal aid. Legal aid is not here today. It's a federal court holiday.
But I gave you the number on how to contact them or you could seek other legal advice.
You have a right to have the case heard here in St. Joseph County where the property is located.
You have a right uh to have a jury trial. If you wish to have a jury trial, you must tell me at this first appearance or make the demand in writing within 5 days using the jury demand form and be prepared to pay the $50 jury demand fee unless the judge weighs it for your inability to pay it.
If both parties are interested, the court can refer the matter for mediation for an attempt at a setup.
Excuse me. or you may be able to reach an agreement with the landlord that would resolve the case with what's called a conditional order of dismissal.
Also, in a non-payment of rent case, you may be eligible for some emergency financial assistance.
Uh that could be from the Department of Health and Human Services, Community Action Agency, Neighborhood, Inc., other funding agency. Perhaps you're eligible for veterans benefits.
Um, so you may be able to seek some emergency financial assistance. Uh, Miss Hensley, your manager, is here. Uh, Mr. Holt, the attorney, is not here yet, but the matter isn't set for five minutes, but I use the time to advise you of your rights. Do you have any questions?
Normally, Miss Leo, we would use the big courtroom and we would just do everything in there. Uh, we have this small hearing room that we use for Zoom cases and I could have brought you in here, but that means the magic the bail has to be in here and they're already tied up. So, I appreciate you being here and we can do it using the conference room.
Normally legal aid as I indicate would be here on most of our jury day uh and our tenates.
She is not here because it's a federal holiday.
We could have done a different name.
>> Mr. Delo, can you hear me?
>> Mr. Delo, would you unmute your microphone, please?
Mr. Delo, I can't see you or hear you, so it as though you aren't here at all.
you wish to join the proceeding, you need to unmute your microphone and turn your camera off. Your hearing was 18 minutes ago.
Oh, we can see him. Mr. Delo, I need you to unmute your mic.
Can you hear me?
I can't hear you.
I think there Mr. Delo, can you hear me?
>> I can hear you. Can you hear me now?
>> Yes. Your hearing was at 9:30, which was about 20 minutes ago. Uh, they didn't know where you were or whether you were in bed asleep or what you were doing.
Anyway, you didn't show up.
>> Well, I was trying >> I didn't make them go because you're a big boy and uh you should be able to show up for court on time. They want you to move >> and they ask me for a rid of eviction >> and I I've given you 10 days to move out or you're subject to being evicted. They have 56 days from today to ask for the red eviction. Uh your stepfather indicated they've been carrying this freight for five years or more. They want you to vacate and um you didn't show up. So I entered a default.
You have 10 days to move to set the devolt aside, but right now I signed an order that says you have until June 29th to move. Your father indicated you thought you could move by August 1st.
>> They have >> they have discretion to wait till August 1st, but apparently they're stuck in neutral and they just don't know what else to do.
>> So, let me shut up. talk of me moving until they got mad and there was an incident in April and this is punitive.
This is, you know, I I don't understand. I've just lost my house, my job, my girl, and I'm trying not to go back down the same path that I had recently been down, the one, you know, you and I just >> Yes.
>> path before similar, but not >> Yeah. Well, I don't want you to go down that path either. But they don't you're not paying any rent. You're not contributing anything. They want you to move.
>> Let me repeat. Let me repeat. You didn't show up for your hearing. So, I entered a default.
>> Okay.
>> You can ask me to set that default aside. You have 10 days to do that. But absent absent that, you have until June 29th to move or you're subject to being evicted, >> unless your parents agree to give you more time beyond that.
>> Okay.
All right. Good luck, sir. I You've been doing better, which I'm pleased to see.
But this happens a lot. Parents, grandparents, uh, they want their house back.
>> Well, I mean, think about moving until they got mad apart.
Good luck, sir.
>> All right.
show up on time for your hearing. I guess we'll see. But those family situations are difficult. All right, it's 951.
We don't yet have Mr. Hold >> Miss Leo. We've got all the background noise in the room next door. We'll just have to live with it.
>> This is our last landlord tenant matter of the day. I'd hope to start on time because we have a 10 o'clock case, but we need to wait for the lawyer.
Miss Hensley, could you join us again?
>> Good morning, >> your honor. Um, they are I believe Mr. Attorney Hulk is in another courtroom and they're scrambling to get him available to us.
>> Oh jeez.
>> Happens. While we're waiting, let's see if we can nail down what the current Aarage is. Uh what do your records show that she currently owes?
>> We are showing as of today a balance due of $1,6117.
This incl is inclusive of eviction filing fees, legal fees for process server.
>> All right. Well, let's back up.
>> How much is the rent?
>> The her monthly rent is >> How much is the is the rent a rear right now through June?
>> Okay, let me I'll need to do some quick math here. My apologies.
And can we include uh pet rent in that?
>> Yes. Give me rent, pet rent, and whatever the total amount is.
Good morning, judge.
>> Just in time to do the math.
>> All right.
Uh, we've given Miss Leo her rights. I was asking Miss Hensley to help us with the numbers.
>> Well, I have numbers.
>> All right. Well, let give me the numbers then.
>> All right. It's just rent judge of $1,515.
Court costs are $171.17 for a total of $1,686.17.
>> All right. That's what was given to to me the judge.
>> Miss Hensley's numbers were a little different. It is.
>> All right.
>> All right. Miss Leo, what's your position?
>> That's not exactly correct for the fees.
>> All right.
>> There was already a $100 filing fee.
$150.
Uh what was administrative fee? There's another >> Well, the fees, let's take a look at my uh case sheet here.
The filing fee was 68.
>> Yeah, there was a $68 filing fee.
>> The service fee was 2817, >> right?
>> Mhm.
>> And the attorney fee is $75.
>> They have >> just a minute. Just a minute.
68 filing fee plus 2817 service fee plus $75 statutory attorney fee gives us $17117.
So the costs appear to be correct.
It's not exactly correct though, sir.
Because I've already paid the one filing fee that they did for $100 back in May, early May. I paid that off already. They >> Well, they filed a new case.
>> This is They filed it originally in at the beginning of May and then I only owed uh $300 for April and then I owed May. So they filed it at the beginning of May. Well, I only owed $300 for April. Then they gave me a $100 filing fee on top of that. So I ended up paying them $400 to cover the May or the April in the filing fee. And so the $100 was taken off along with April. And then so all I owed was May. And then they added on all these other fees. And it was a uh my uh portal that they have, it showed $150 for one fee, $68 for another fee, and 28 or 26 or $28 for the other fee. I'm gonna pour up the porter quarter board full again, you know, because every time I'm making a payment or something, all of a sudden they add another fee and I'm like, I can't be keeping making payments and then all of a sudden the fees are totally more than my rent, you know, than I owe for rent right now. So, I'm instead at the beginning when they filed it was $1,200 and now, you know, it's like $1,600, you know, with all the extra fees. So it just keeps going up.
So I thought I'd come to court and try and stop the bleeding and then just figure out what we can >> I don't I have this case which is 261125 LT.
I don't have another case. No, they just added on to it because when they originally filed my paperwork showed that I it's and even the lady that I spoke to the courthouse here, it showed that I owed $1,200, you know, for April and May.
And then the new >> So, well, let me let me stop you for a minute, Mr. Holt. How does 155 break down? Okay. How it breaks down is what she's referring to, judge, is pursuant to her lease, there is a $150 eviction administration charge once a case is handed over to an attorney to actually file. Um, that's per the lease.
So, she's looking at a May 12th charge of $150.
Um, the other cost that she's referring to, >> well, let me stop you. I'm not sure the landlord tenant relationship allows act allows that. It's a backhanded way of increasing an attorney fee which is specifically prohibited by the act. I'll take a look at it. But that's a person.
>> Yeah.
>> Eviction administration fee.
>> Yeah. And and that's not for attorney fees. That's for the additional cost incurred by the property management company as a result of now for example today's hearing >> my client Ginger Hinsley as a in lie of doing her normal job is here today as a result of this tenants's failure to pay and having to turn this over to >> but I don't think the law allows it.
We'll find out. We'll take a closer look at >> Yeah. It's not it's not it's not anything with regard to my fees, judge.
And that's what the that's what the the law that the the the Truth and Running Act pertains to passing off additional attorney fees. Yes.
>> On top of um on top of what just statutoily allowed. Um and the last two charges that she's referring to, the filing fee in this case of $68 and the service fee of 2817, those were charged on June 10th and June 12th. I took those out of the rent portion that I cited to the court. So, if Miss Leo is looking at her ledger, if she looks at the balance of her ledger before those last two entries, it's $1,515, which is exactly what I cited to the court.
>> Is that just rent or does it include the $150 fee?
>> That would just be rent because if you also look at the lease, judge, any payments that are made are first applied to other charges uh before they get to rent. So, the $400 that she made back in April 25th when she had an $885 balance, that was applied first to the $35 pet fee, the $15 fee.
>> So, at what point was the $150 assessed?
>> It was assessed on May 12th >> off book. So, it's not part of this.
>> No, you should it should it should be on the >> concluded, sir. All these are in the $1,600.
>> All right, stop. Stop. Stop. Miss Leo, I didn't ask you anything yet. I'll come back to you. So, where's the $150?
>> Let me pull up the filing that was filed with the court judge because we always file a ledger and it might even well be on that ledger. You'd see it for May on May 12th. I I have it.
Uh but you know, the ledger's 20 pages long. Well, it's not that long. I guess it's about four pages. So, is the 150 part of her unpaid rent?
>> Well, no, cuz she would have covered that fee with her payments. The what's the balance is is purely rent at this point, Judge.
Uh, all right. I'll take a look at the I've never seen this fee before. Um, my knowledge if if it's existed, I've never seen it. So, I've never seen a eviction assessment fee, administration fee that gets put on everything. I'm not sure. We discussed the land of tenant relationship act. You also mentioned truth and renting act that you can do it. We'll find out. Uh but at any rate, she's saying I keep paying this and then I can't pay my rent. So at any rate, Miss Leo, right now this is just uh rent. Uh May, part of April, May, and June's rent. We're going to continue this matter because we have to continue for seven days.
And that takes us to next Friday. Let's take a look at that.
That would be the 26th.
Uh Mr. Hold, are you available next Friday the 26 at 2:30?
I will.
Unfortunately, judge, I have to be in cold water at that time.
>> All right. Well, let's that would take us to the following Monday.
>> Also at 2:30, I would be available.
Let's take a look.
>> Oops.
All right. Let's set it from Monday the 29th at 2:30.
Uh, Miss Leo, I'm going to look into your argument that you shouldn't have to pay this fee.
>> Um, >> can I say something?
>> Yes.
>> Okay. So there I've already paid another fee already included in my rent because they to been deducting the fee as each month's rent has gone by. So they did the original filing fee of $100 in April. That is no longer on the ledger.
um did end up paying that and that is deducted off as when I paid my rent. I thought it was going to go towards the rent, but they took it off of the filing fee of $100 too for April's. And then on May, they added the $150 administrative eviction fee.
And they also added the $68 plus the $28, you know, and and I keep getting all these fees and and I'm trying to just get to my rent and >> So, have they been deduct they've been deducting toward those fees for this case?
>> Yes. Because originally it was $1,200 in April. So, I went to pay that off for April and then the $100, one of the $100 that I paid for that was used towards that $100 administrative or filing fee that they did for the original filing.
When you on the original court file paperwork that they gave the court, it shows on the paperwork, it where it says non-payment on this one, it says $1,200.
It now doesn't say $1,200. It doesn't even give an amount on the new one that they gave me for May 18th. It says non-payment. And it's not that I haven't been making payments. You know, I've been making payments. So, it's not non-payment. And I've been trying to get forward.
>> So, you're saying there's $250 of off book, $100 filing fee for April, and a $250 administration? 150. So, you're saying you paid $250, which went to fees but not to rent, >> right? When they say this, and when they say the total of $1,600 and their portal that they that they give money on online, it shows all these fees are included for the total of the $1,600.
That includes the $150, that includes the $68, that includes the 2817 on it.
So, you're saying they they've got it in there twice?
>> No, judge. He's just not understanding the math when I >> worked on that. But I am concerned about this $100 filing fee.
>> It's not on the letter, Judge.
>> It's not on it because I paid it already now. They added it towards April.
>> We're going to have to argue about this more. Uh I've got it set for 2:30 next week. Now, I'm not sure about this uh assessment uh for administrative fee. They could set it at whatever. They can set it at $500.
And there's an administrative assessments fee of $500 that we charge when we file for an eviction. I'm not sure the law allows it, but I'll look into it uh before we meet next. So, we'll take this matter up again. I need to do some homework.
uh between now and then, but we will address this next Monday the 29th of June at 2:30.
>> And you excuse me. Um you were talking about u legal aid and maybe financial.
>> Yes. Uh I would suggest that you contact legal aid. Miss Bower may have some knowledge about this topic. She is not here today because today's a federal holiday, but I would recommend that you contact legal lady at the number I gave you on the pleadings. I would think that would be a good thing for you to do and they may help you in negotiating this issue. Okay.
>> The number's on the pleadings of the summons that we sent you, but if you need it, ask the clerk and she'll give you the number for legal aid.
>> Okay. Thank you.
>> All right. Thank you.
All right. Well, we'll try to see if we can determine an answer to that question. I'll see you guys in 10 days.
>> Thank you, judge.
All right. Good morning, Miss Dixit.
>> Good morning, honor.
>> All right. This next matter is file 242147GC.
It's a general civil case. Natasha Dixon is here on behalf of the plaintiff LVNV Funding. The defendant is Shane Hexler.
who is here as Shane Eh. Uh, Mr. Hler, can you hear me?
>> Yes, sir, I can.
We got a little bit behind with that last case. This is a motion to reopen a dismissed case. Uh it's requested as an order to vacate dismissal and reinstate case. Natasha Dixon is here on behalf of the plaintiff. According to their motion, there was a repayment agreement.
The defendant did not comply with the terms of the repayment agreement.
There's a balance due on 476.
The plaintiff is asking to reopen the case. Miss Dixit, do you wish to speak further to that?
>> Uh, yes, your honor. Thank you. Um, so as our pleadings, uh, you know, are requesting, uh, we are requesting that the dismissal that was entered in December of 2025 be uh, vacated and the case be reinstated uh, for a possible uh, you know, pre-trial that the court will set or the uh, the or the pointed can file a motion for a summary, honor.
Uh, and I've gone over the reasoning, but just to kind of explain that a maybe a little further, um, during the last pre-trial we had on May 19th of 2025, um, the parties had agreed to a settlement. Um, and I had sent a because of the settlement, I had sent a stipulated order for conditional dismissal to Mr. Hchler. Um, he never signed and returned it back to me. So, I I assume at that point the case just remained open. There were no future court hearings.
Um and at that point he was making some settlement payments and the court uh the court dismissed the case for lack of progress on December 12th of 2025 and he had made some settlement payments at that point your honor. So in good faith you know we saw that and we said well as long as he continues making settlement payments um eventually the count will be considered as settled. So there was no need to reinstate the case. So, in good faith, we did want to work with him and let him continue making the payments instead of going back to court and having it reinstated. But unfortunately, Mr. Hedgler eventually did default upon the settlement arrangement. We left him two voicemails um maybe even more, but at least a minimum of two voicemails just to see that, hey, can you recover the settlement payments or um do you want to continue? But he never got back to us, your honor. So, we were left in a position where the settlement was defaulted upon. there's a balance due and owing. Uh the current balance is 77 um $779.13.
So we were in a position where the default um settlement was defaulted upon and the case was also dismissed. Um so we were we're just trying respectfully your honor to see if the court will um will agree to set aside that dismiss so and entered on December 12th of 2025.
Thank you.
>> Uh Mr. Hler, what's your position?
Um yeah, we had a settlement uh agreement. Um I was making payments towards that. I did receive the u the letter um from um Miss Dixit. Uh I did sign and return the letter. Um I'm not sure why it was not received. Um I did not receive any phone calls or voicemails after that. Um now I do live in a very rural area. I don't know if I somehow I didn't get it. Um but I never received a letter or anything. The next notification I read or received um was the court's dismissal of the case um due to um no action I think is what it said from the plaintiff side. Um so I did reach out uh I just called the uh clerk's office and asked basically what what I do from there. They said according to that I don't have I don't owe any money on the case. Uh so there was no help that they could give me. Um I did reach out one time to Sha Law.
They said they would re uh contact me.
Um and I never did receive contact after that phone call. Um so with the court dismissal I guess and maybe completely my fault maybe uh I guess I understood like we were >> well this is an overwhelming amount of money. I'm inclined to reinstate the case $479.
There's an underlying wrinkle of this.
Your address is in Cass County.
>> Yes.
>> Uh M40 is on the Cass County site of the line. It's a White Pigeon address, but you don't actually reside in St. Joseph County.
>> No, I reside in Cass County.
I'm not sure how this got past us in the first place.
Yeah, we talked about this in May. I was just let it go through as a conditional dismissal.
Um I noted at that point that you resided in Cass County, but it was easier to just do it than dismiss it for lack of proper venue.
Um, yeah, I did note it. Uh, Miss Dixit, you don't live around here. And, uh, we've got several places where the address would be Marcelis, which is in Cass County, but the address is in St. Joe County. We had one today.
We have some where the address might be Vixsburg, which is in Kalamazoo County, but the property is in St. Joe County.
We have a number of addresses which are White Pigeon or Three Rivers addresses or even Constantine which are in Cass County. M40 is west of the St. Joseph County Cass County line and so he lives in C County.
Um, >> Mr. Hedler.
>> Yes.
>> Do you wish to resolve this?
>> I would rather resolve it than um yeah, continue obviously. Well, then get then get sued all over again in C County for $479.
>> Point of fact, I probably should have quashed it back in May, but there was an agreement and I let it go through. Um, I'm going to reinstate case and set a pre-trial Perhaps you guys can talk about resolving this in the meantime.
Uh, but I signed the order reinstating the case.
It's still a venue issue.
Yes. If I dismiss it, you get a whole new service or process and the expenses that go with a filing fee and a service fee. Um, if you can resolve it in this case file, that would be good.
Um, so I would suggest that you contact Shetta and Adams. You're going to get a free trial date and in the meantime, let's see if you can resolve it. If you can't, I may dismiss it for lack of proper venue or transfer it, which I would probably do is change venue to Cass County and I'm going to dump this on Judge Renfro if I can resolve it here. Um, so Mr. Dix said, do you see any benefit in talking in a breakout room now?
>> Um, yes, Judge, I can I can certainly talk to Mr. Hon if he's agreeable to that or he's, you know, feel he can feel free to call us um anytime.
>> I have to uh close this forum and open the other one. All right, Mr. Mr. Hchler, you're going to get an order that said the case is reopened and the matter will be set for a pre-trial conference. Um, in the meantime, I would suggest you contact Shetta and Adams and Miss Dix. See if you can resolve this $479 without starting all over again in Cass County.
>> I'm sure.
>> All right, Mr. Thank you.
>> Yeah. Uh can I just uh can I just have uh can I make something clear just for the record uh there's no confusion. So um the the current balance the full balance is 779.13 um the settlement balance is 476. Uh so I just wanted to kind of clear that. So um the settlement agreement was um for 950 he made payments of 474. So that left a settlement balance of 476. Uh but the full current balance is 779.13.
>> All right.
>> I just wanted to make that clear so it's aware.
Let me see if that was in the pleadings that I just misunderstood.
No, I didn't. That's not in the pleading, so I couldn't tell it from what you filed.
>> But it does.
>> Yeah.
>> Has the settlement balance.
>> Yes.
>> All right. Okay. All right. You guys can talk. Maybe you can resolve it. If not, there'll be a pre-trial set and uh that will be at some date in the future. Thank you.
Thank you.
>> Thank you.
She's I'm sure she's already talked with All right, welcome back. Uh, we're here on a special record of the 45th Circuit Court.
This is a felony sentencing matter that I'm handling by assignment.
So, the court we're calling into session is the 45th Circuit Court. Prosecutor is here. Uh, the complaintant is here.
The defendant is here in the clock up meeting with his council right now and I expect they'll be here any minute. So I'll get everything set up.
Live stream is on. the record is not, but also note that this is a sometimes state and federal holiday, June 19th. The date varies from year to year, but uh the state of Michigan employees, including the Department of Corrections, have a vacation day today. The county employees, including all of us, do not.
So, we've set this for this date without thinking about whether it was a holiday, but they'll be here. I don't believe the officer will be here from the Department of Corrections. They have filed their report.
Um, I stand corrected, Sam. This form was in there. It was on the back side of another page.
And uh I didn't realize I actually already had it.
Double-sided printing The uh holding facilities in this building are not adequate. I don't know what they did 100 years ago. There was no elevator. Uh the jail was across the street in what's now an administrative building. They must have just walked the inmates over here and shackles and had them walk up the steps.
There's no Maybe there was originally, but there is no holding cell. So, they've got a little makeshift one.
Uh there's no bathroom facilities.
U so this is not ideal for in custody uh defendants.
We try to do as much as we can by Zoom uh within custody of defendants, but in a felony sentence, the defendant has absolute right to be present in the courtroom and unless there's extenduating circumstances, they're not to be done by Zoom. So, we're going to do this live in this historic courtroom and make the best of it. Good morning, Mr. Yoder.
Okay.
>> All right. We will go on the record in this matter. Title of the case is people versus Timothy Yoder. The file number is 25.
My eyes here.
We got something that's got it better than that.
25 25935 FH.
The defendant is here with his lawyer Casey Strong. Also present as prosecuting attorney Angelie Campfield, who is the assistant assigned to this matter. Our complaining witness is also present, and I think we may hear from her this morning.
Mr. Yoder is here to be sentenced on a felony plea that was entered on May 15th to a charge of assault with intent to do great bodily harm by strangulation as a third individual offender. Defendant pled no contest to that charge and the matter was set for sentencing this morning.
The court has had an opportunity for a week or more to review the presentence report and uh are the people ready to proceed?
>> Yes, your honor.
>> Uh Mr. Yod, are you ready to proceed?
>> Yes, your honor.
>> All right. As I indicated, that's the charge and uh we're going to do the sentence in that matter. Before we begin uh with elecution and other matters, let's talk about the presentence report. Um Miss Strong, do you have any changes, additions, or deletions to the report?
>> I have no changes, corrections, or deletions to the substance of the report.
>> Miss Campfield.
>> Good morning, your honor. No additions, deletions, or corrections to the body of the report. I do have challenges to the scoring of the guidelines.
>> All right. Well, let's talk about that.
Uh the guidelines have been scored by agent Melinda Albert in the following manner.
Uh PRV1 was scored at 75 points. Um Miss Strong, do you have any challenge to that?
>> No challenge, your honor.
>> Miss Campfield.
>> No, your honor. My challenges are not to the prior record variables, but to the offense variables.
>> All right. Well, let's finish the PRVs.
Uh, PRV2 was scored at five points. Uh, any challenge to that?
>> No. No, your honor.
>> PRV4 was scored at five points. Any challenge to that?
>> No, your honor. No, your honor.
>> PRV5 was scored at 20 points.
Um, any challenge to that?
>> No, your honor. No, your honor.
>> All right. with those uh PRVs, the defendant would be at PRV level F.
No challenge to that.
>> No, your honor, I believe that that is properly calculated.
>> I believe that is accurate.
>> Thank you both. All right. Well, let's talk about the offense variables. OV3 was scored at 10 points alleging that the victim suffered injuries and was treated by EMS at the scene. You have any challenge to that?
>> No, your honor. No challenge.
>> All right. OV4 10 points. As the victim is currently in counseling. Any challenge, Miss Strong?
>> I have no challenge to that, your honor.
>> Miss Campfield.
>> No, your honor. OV10 uh was scored at 10 points as the defendant and the victim are legally married and have in the past resided together. Any challenge to that?
>> No, your honor. No challenge.
>> No, your honor.
>> All right. Well, then that's all I got, >> your honor. That's um I believe that the department should have scored some additional variables that they did not.
Well, let's let's go through the rest >> because we've got OV. So, there's a lot of blanks in here, but uh so uh which are you contending should have been scored? So, let me at at the current juncture, the defense has no objection to scoring as in the report. Is that correct, Mr. Strong?
>> I have no objection to how the Department of Corrections scored in the report.
All right, Miss Campfield, what do you think should have been scored?
>> Thank you, your honor. Um, with respect to offense variable 13, I've previously informed Miss Strong that I believe that should be scored at 25 points with respect to three crimes against a person within the 5 years preceding and inclusive of the sentencing offense. And my reasoning is as follows. Um, it does also include under the scoring of the guidelines any cases that were dis >> Say that again. I I didn't hear it.
>> It includes charges that were dismissed if they were still crimes against a person within that five-year period as long as there is a prepoundonderance of the evidence that they occurred. In this matter, the first crime to score under there would be the sentencing offense, which is the assault with intent to do great bodily harm by strangulation or suffocation.
The second offense would be the domestic violence third degree that was dismissed as part of the plea agreement because there is independent um evidence in the record and the report that was utilized for the the presentence investigation that the victim was previously that same day that the strangulation occurred.
there was a an interference where the defendant came to her home and was trying to get into her car, take her keys and that when she told him to get out of the car um she was shoved back by the defendant which was the bases of the DV3 um that the people authorized and subsequently dismissed. So I do believe that there's a patterns of the evidence that that occurred on the same day which would also be within that 5-year period of time. The final third crime against an individual or person would be alleged to have occurred on September 24th of 20 thou September 21st, excuse me, of 2022 in the city of Sturgis where um the defendant did plead guilty to a domestic violence count and a home invasion firstderee count was dismissed.
that stemmed out of an incident where the defendant went to the residence of Ms. Yodor. Um he did knock on the door and when her daughter opened the door, he was screaming and yelling. So, Miss Yodor went to quickly close the door and at that point, the defendant kicked open the door and it struck her in the arm, which was the factual basis that was given at the taking of the domestic violence plea for the charge he plead guilty to. But the entering into the room and the breaking in was what had supported the original offense of the home invasion first degree, which was dismissed. I think there's a prepoundonderance of the evidence that that absolutely did occur even if he did not plead guilty to it. And as offense variable 13 allows cases and charges that were dismissed to be included within that calculation, I would respectfully ask that the court increase that scoring to 25 points, >> which would do what to >> Well, I have another offense variable I'd like to add.
>> All right. Can we have arguments on the first one before we move forward?
>> Yes. Let me print so small.
All right. Well, before we get to that, how many more of these do you have?
>> Just one, your honor.
>> What's the next one?
>> Um, the next one is offense variable 19.
I believe that it should properly be scored at 10 points for interference or attempted interference with the administration of justice. Um, in the police report as well as in the pre-sentence investigation, there is um evidence that the defendant had like stiffened up and passively resisted getting into the police vehicle after his arrest. And although it is not included in the PSI, it is um known to at least the people and I did inform Miss Strong by email also this morning that the defendant um became quite problematic through the booking process and was was very argumentative and there was an incident written up at the jail once he was booked because of that behavior. So, I do believe the passive resistance and failing to get into the police vehicle and needing to be assisted in there as far as stiffening up his body, not sitting down as directed in addition to what occurred through the booking process would be supportive of 10 points for interference or attempted interference with the administration of justice. Now, should those two be granted, we would talk about a variance in the point total, which would then change the cell range and the guideline range. However, I will state that the recommended sentence of the Department of Corrections is still within that range.
>> All right. Right now, the guideline range is something like 29 to 85 months.
there's a 72-month cap.
Um, so we're arguing about raising the ceiling when the cap is already at 72 months.
>> Well, and your honor, I should state that was not a kilobrew agreement. That was a sentence recommendation. We agreed to make a sentence recommendation that it be capped at 72 months. So, >> so are you going to change that?
>> That is still our sentence recommendation.
>> Okay. not a killer bruise sentence agreement.
So, um the court can consider that as well as allocation from both parties, the victim's statement and the department of corrections representation and recommendation before it concludes what it feels is appropriate. Um, >> so I'm not sure what that means. So your your recommended cap is 72 months, but now you're arguing a bunch a bunch of things that aren't in the record, and I have to find prepoundonderance of evidence based on statements that you made to the court to ask me to increase the ceiling on the guidelines while still sticking to your recommendation of 72 months. So, you want me to convince me there's enough bad evidence I should exceed your recommendation and exceed the 72 month sentence?
>> Your honor, that's not what the people are arguing. I simply need the guidelines for the Department of Corrections record to be correct based upon my information and knowledge of the prior cases and the scoring of the guidelines. I still will stand by a recommendation of a sentencing cap, but that's not a binding kilibru agreement that the court must follow. It's just a recommendation from the people and defense was aware of that at the time of the plea.
So, >> and I understand that, but if I were to exceed the recommendation, I would allow the defendant to withdraw his plea. Um even though it's not a hard kill uh agreement um this took me by surprise. I thought there might be some challenge from the defendant. I did not expect a challenge from the people and as you indicate some of the things the challenge is based on are not in the report. So I wouldn't have had any way to know some of the things that you're alleging. I was aware of the previous convictions. I handled one or more of them. Um >> well, if I may, your honor, I believe that the DV3 is in the report and then um the DV or the home invasion is conviction 36 of 37 for the domestic violence plea that was entered.
>> Yes. In fact, I printed both of those files out. So, I handled those um as district court.
All right. Uh we've taken a turn here.
Miss Strong uh she's alleging that offense variable 13 should be scored at 25 points.
Um what's your response?
>> Thank you, your honor. As pointed out by the court, the sentencing guidelines were done by the Department of Corrections in the normal process and presented to the court, scored appropriately. The people are now arguing for additional points to be added based on information that the position of the defense is not contained within the report and we have no knowledge of or ability to verify. In my discussions with the defendant, I would ask the court to recognize the alleged 2022 home invasion first and domestic violence for what it was, which was a plea to a misdemeanor and not allow those 25 points to be scored. I do not believe based on statements made by the state rather than evidence presented that there is a prepoundonderance standard here. And as the court indicated, there is a cap that has been recommended by the people in this case.
Similarly for OB19, the defense does not believe there was any indication of interference with the administration of justice. While the people stated there was passive resistance at the time of the arrest, Mr. Yoder was quite intoxicated at the time of the arrest.
And passive resistance does not give information to make a determination whether or not law enforcement was interfered with. There was no resisting obstructing charge that went along with this. This is the first I've heard of passive resistance and I don't have a definition for what passive resistance was and we don't have a deputy here to tell us what happened. Similarly, when he was booked in at the jail, that is all just statements made by the state. I do not have a jail incident report indicating anything that happened at the time of his booking. From my understanding, from my client who was there and present, he was placed in a restraint chair for his own safety, and he did not engage in behavior that would go above and beyond and obligate those points to be added. So, I would ask your honor to respectfully not adjust the scoring and modify what the Department of Corrections has properly scored.
Thank you.
>> And brief response, your honor. Yes.
>> Um, on page four of the presence investigation, it does say while being taken into custody and walking to the patrol vehicle, Timothy became passively resistant and would not cooperate when getting into Deputy Moral's patrol vehicle. He was also calling the officers on scene [ __ ] and various other names. And then, of course, we know that that behavior continued at the jail. So, I do think that that's properly scored for OB19.
And then with respect to offense variable 13, Miss Yodor was the victim.
Miss Yodar is present. Um the court, excuse me, heard the taking of the plea of the conviction in number 36 of 37 um and heard the factual basis provided that the door was kicked open without consent of Miss Yodar and he attempted to get in and to her and and this door struck her in the arm and caused an injury. Um, so I do think there's a prepoundonderance of the evidence there, but certainly I can have Miss Yoder speak to it if the court wishes to have more.
Hello.
Uh OV13 uh in the section cited the offense was a part of a pattern of felonious criminal activity involving three or more crimes against a person. So I guess one of the three is this offense.
Two of the three would be the domestic violence case that was in district court number 22119 SM.
I sentenced the defendant to 43 days in jail.
File 231993 FY was a home invasion and domestic violence.
I thought that matter was bound over to the circuit court.
I had this.
>> Oh, but Judge Patterson used the courtroom.
Yeah, that matter was bound over to the circuit court.
>> Yes, >> I did handle that case. if it may assist the court. I believe that the domestic violence plea on that matter was entered in the circuit court and along with a a subsequent plea the very next day to possession of methamphetamine charge which I believe is in 35 of 37 as far as the PSI which is not a crime against a person for purposes of OB13.
>> No. Uh the defendant was bound over to circuit court on that case and if I understand it that case was dismissed for a plea in a methamphetamine case as a ritual >> not dismissed in its entirety that's where the domestic violence plea was entered. However, your honor offense variable >> a domestic violence plea was entered in that file number in circuit court >> I believe. So it's not clear from the notes. I did not handle that. And if it's not clear from notes, how can we argue for OB13 scoring purposes?
>> Your honor, OB13 does not require a conviction of the felony or the crime against a person. As council knows, OB13 includes dismissed offenses against a person within that 5-year period, >> but it requires a prepoundonderance of the evidence. And if we're going back and forth about notes, not reflecting, not knowing what happened, or the adjudication of a case, how can that prepance to be met? The adjudication of the case is reflected in 36 of 37 in the PSI, your honor. And with respect to the the evidence, I've already stated the factual bases that the court accepted for that plea and Miss Yodor is present.
So >> the first one, I don't have a I don't have a problem with it. I took the plea, >> so I I'm familiar with the case. Uh it's the bound over one. Let's take a look at um what's in here in the PS and we have to find it.
Your honor, defense council is trying to argue that there must be a conviction on a felony crime against a person which is not accurate.
>> All right. Well, I don't dispute that, but what do I do? Just pull it out of thin air because you represent that something happened? I have to make some sort of finding of a prepoundonderance of evidence that the conduct occurred.
And uh so if there was no conviction, I don't just assume that the conduct occurred, there has to be some sort of finding. Um and then we really go down the rabbit hole. We have a trial on a previously dismissed matter to find a prepoundonderance of evidence.
And it isn't There are so many of these prayers.
Um he was convicted of domestic violence in that case 36 of 37.
Uh the domestic violence charge was a conviction and he spent 93 days in jail. So he has a conviction in the misdemeanor domestic violence case 221903 FY that is within 5 years of this case.
He has a conviction of domestic violence in circuit court number 22 24 2 4 5 68 FH uh and he has this one. So there are three domestic violence convictions which are crimes against a person within five years.
Um, so I guess I don't need to have a prepoundonderance finding. The defendant was convicted three times. Once uh for an incident that occurred on May 12th or something and it's 22 and the second was September 21st of 22 in this case. So I find that the prosecutor is entitled to have 25 points scored for OV13.
The cap remains the same and the police report does reflect that the defendant did passively resist and was very disrespectful to the officers.
And I believe OV19 also merits a scoring of 10 points.
So let's figure this out. Your honor, I think by by way of those being added, then the OV total would increase to 65 points and the offense variable level would increase to five, which would be a guideline range of 38 to 114 months as a habitual third offender.
All right. So, let me change the report.
Uh, OV 13 is now scored at 25 and OV19 is scored at 10. The total is 65 points and the offense variable level is five and the guideline range is 35 to 114 months and we still have a 17month cap uh as a recommended uh cap from the prosecuting attorney. All right. I've made a ruling on those arguments.
They're certainly subject to further review. Having said that, uh, Miss Strong, what would you like me to know in your allocation?
>> Thank you, your honor. As indicated in the report, Mr. Yoder is familiar with the criminal justice system. Mr. Yoder, if you were to speak today, I'm sure he would state this as well. Mr. Toyota has an alcohol problem, not a bad person problem, and he allows that alcohol problem to cause him to engage in behavior. He is not before the court today to minimize anything that has happened or anything that occurred during the sentencing offense. He takes full responsibility for what happened and stands before the court ready to face a substantial punishment for his conduct. While he's been in jail, he's been in jail for 200 plus days. He's taken that as the opportunity that it is. He has been sober. He has been completing classes through the jail to try to better himself to stay busy in the jail and to allow him once he is out of prison to reaclimate to society in a more productive way. He is engaged substantially with the pivotal re the pivotal recommendations and the representative that is here and present today who I'm sure is willing to speak to that engagement if the court so chooses. Mr. Yoder has taken this as the opportunity that it is and I would ask the court to see all of that mitigation that he has done since these sentencing offense and let that reflect in the sentence of court and sentence him to the lower end of the guidelines. Thank you.
>> Thank you.
>> Uh Miss Campfield.
>> Thank you your honor. Um, very briefly, I just want to um reflect for the court that on page two of the pre-sentence investigation, the court would also need to correct the scoring range and the offense variable total to 30 38 to 114 months and then 65 for the total. I just want to make thank you. Okay, perfect. Um now with respect to this matter, the court heard the plea um and has had an opportunity to review the presentence investigation report. I have had an opportunity to speak with Miss Yodar um who did agree with us allowing the recommendation of a cap at 72 months. We do recognize that the recommendation of the Department of Corrections is higher than that and we'll leave that to the court's determination of of what it wishes to do. However, with respect to the counseling and services the defendant has availed himself of, I would just ask the court um not be inclined to mitigate because of the therapeutic process. Unfortunately, the defendant is a bad person. He he makes poor decisions. He makes criminal decisions. And he's done so since a juvenile. He has had repetitive contact with the law. It's been violent offenses, drug offenses, home invasions, domestic violence consistently.
That behavior is not all because of alcohol or substances. Those may contribute to that. They may be a factor in that, but his character and personality and choices also play into his criminal conductor.
And it's not abnormal for a defendant who knows they're facing a fairly long prison term to avail themselves of services to try to argue then that their sentencing should be lower than what the recommendation is or what the people's capp recommendation is.
Mr. Yoder has demonstrated repetitively over the years, as reflected in the presentence investigation report that was prepared by Miss Albert, that he is not capable of following probation rules. He's not capable of following parole rules. He has violated them a multitude of times and those eventually result in a revocation of prison and a rev or excuse me of parole and a revocation of probation uh in multiple instances and particularly if you look with um let's see on page 13 of the pre-sentence investigation in conviction 11 of 37 he had a probation violation in November, was arrested and sentenced to jail. He had a probation violation in August of two years later, was arrested and had another pending probation violation outside of the state in Indiana. He wasn't able to comply with that probation.
When you look further into a lot of these may be traffic violations, but when you look at his methamphetamine cases, I'm trying to get to the page 23 of 37 on page 18 of the presentence investigation shows he was ben he gave benefit of the special incarceration.
Um was parrolled, absconded from parole, arrested, parole was reinstated.
He was arrested again. It was reinstated. Arrested and reinstated.
Obsconded again. Obsconded a third time.
Obsconded a fourth time. And eventually had the pole revoked and then was discharged um after multiple abscondings and reinstatements.
And you look further into page 22, conviction 32 of 37. again probation violations a multitude of times. Then finally sentenced to prison and parrolled. Then violated parole. Was given warnings.
Went awall. Didn't say stay at the Twin County Probation Center. Like we just have continual issues with him throughout the years. And again, bond violations in 2022, discharged from parole unsuccessfully in 2021, parole violations and probation violations in 2023. I mean, it's just his habit.
He does not wish to avail himself of the services once he gets parole or probation.
My submission to the court is that his engaging in these counseling services and having the additional report added by Miss Albert that he's been engaged at Pivotal is just his attempt to show the court that you're he can do the services. He can be present and in attendance and presumably be making progress towards his treatment goals, but it's to no benefit, your honor, because he doesn't take it to heart. It doesn't change his behavior. It doesn't make him less violent and it doesn't encourage him to remain sober.
So I think all of those things taken into consideration, the people are asking for a recommend or a sentence within the guideline range that it be 72 months to 114 months. Well, actually, it'll be to the max, but um at least those 72 months, your honor, is what the defendant deserves for this conduct.
Miss Yodar was choked to the point she was almost unconscious. She feared for her life. Um, she was frightened, so frightened to testify at the preliminary examination that I utilized only the trooper's testimony and her excited utterance statements and the reflection of injuries to bind the case over to circuit court. She is here today with support persons and we would ask that the court allow her to speak as to how these matters have affected her.
Miss Yoder, would you come up and have a seat with the prosecutor?
>> We've met, but you're Angela Yoder.
>> I am.
>> And I'm glad that you're here today. I saw your original victim impact statement and it wasn't it was pretty vague.
I'm not sure what a proper sentence should be. I think he should admit to his actions and get help. That was from May of 26.
Um, you were the victim in the earlier cases. I handled the one and uh and we talked about it back in 22. I think you were here for the sentence in that case.
Um, anyway, here we are again. Uh, what would you like me to know? I would like you to know that even though it's been said that he is a horrible monster, what whatever, he's not that way all the time. He's not.
He does give into desires on alcohol and that turns him into >> Let me stop you for a minute. We're talking about alcohol.
>> Yeah.
>> What about methamphetamine?
Uh, >> that was your >> 2009 meth lab. 2009 meth lab maintaining a meth lab. 2016 possession of methamphetamine. 2018 possession of methamphetamine obstruction of justice.
2022 possession of methamphetamine.
That's one, two, three, four, five.
Methamphetamine cases.
>> Yeah.
>> Um, methamphetamine changes your personality. distorts your brain. We're talking about alcohol. Uh there's a big pink elephant in the room which is methamphetamine.
>> He goes from one like when not doing drugs, his next go-to for something is alcohol.
>> All right. So during this period and the Senate pled no contest because doesn't have a clear recollection.
This incident you believe was alcohol focused.
>> Yes, absolutely. He earlier in the day he he took the car. He was out drinking and then the cops took him home, took him to his house and then he came back to my place later on that night and that's where this all started.
>> Yes. The report reflects that. Um he was there drunk causing a ruckus.
>> Yes.
>> Went home cuz the police took him home.
>> Yes.
And then he came back and here he is seated in a jail green jail suit.
>> Yes.
>> All right. So this was not methbased but alcohol based.
>> Yes, he was drunk. He was absolutely drunk >> and he acknowledges that. So go ahead.
>> Was that I don't know what else to say. I mean a lot of things happened that night. I begged him to leave.
I begged him to leave and it just seemed to I make him more irate. And then he drew back like he was going to punch me.
He did not, thank goodness. And he grabbed me by my throat and slammed me up against the wall. And I was on the phone with 911 the whole time. And then when he let go of me, he ran out of my apartment out into the woods.
>> Well, you said at one point you thought you were going to die.
>> I I Yeah. Yeah. I could like it was fuzzy. I couldn't breathe. I could see little dots. Um he was mad and he told me he yelled in my face, "You are going to die."
>> Oh. What was he mad about?
>> I'm not exactly sure. I'm not I don't really know.
I know he wasn't himself at that time.
He I mean, but he was he was angry.
Now, Miss Campfield said, and I have a reason to disbelieve this, but they discussed with this with you at the time of the plea and this 72-month cap. That was something the prosecutor shared with you, and that was something that you would accept as a resolution of this >> because I don't know how it all works.
Yeah. I mean, >> well, >> I don't think he has he needs to spend the rest of his life in prison.
>> All right. Um, that's fair enough. Um, I had taken this case as a case that would go to trial. I volunteered some open dates and I had several cases that were set on my docket and most of them were resolved and then I ended up with this case which was okay with me. I've known Mr. Yoder for a long time and many of the things Miss Campfield is related I was in on. uh as the judge.
Um and I've known you since that earlier hearing.
Um so again, you're willing to accept their 72-month cap recommendation.
>> I don't even know how long 72 months.
>> That's uh >> six years.
>> It's about >> six years.
>> Six years >> to 114 months.
All right. You and uh the defendant do not have any children in common. That's correct.
>> Right.
>> But his children, your children have been part of his life. So, he's been a parental figure to your kids.
>> Yes.
>> None of those kids were present when this incident took place last time.
>> Yes.
>> No. All right.
>> Is there anything else you'd like me to know?
I just kind of because of the fact that like three years to the date when this happened. 3 years before is when the last one happened. And then three exactly three years later it happens again. And this time he put his hands around my throat and told me I want you to die. You were going to die. And I believed him.
As much as I love him, I really truly believe he would have killed me that night. I promise you I do.
And I I fear him. I promise I fear him because if after 3 years you're still mad from 3 years before and it happens again. What's going to happen in three more years?
>> Well, this one there was one in May and then there was another one in September.
>> Yeah. Um, that was in the earlier ones, but this one All right, you're right. About 3 years from ago.
>> Yeah, I'm just afraid. I don't want I don't want all bad to happen to him. I don't I do love him, but I love me, too. And I am afraid.
>> All right. I certainly understand that, Mr. Yodar.
>> Yes, sir.
>> I'm glad she's here and I'm glad you got to hear that. That was hard for her to say.
>> She loves you, but she's afraid of you.
And uh to your credit, you accepted this plea deal and just said, "I don't remember what happened." And I accept responsibility.
And you accepted the plea and left it up to me as to what to do for the sentence.
Uh, could you move or get another set of Kleenexes?
Have her some and he can have some. All right, Mr. Yodor, what would you like me to know? Um, your honor, I would like to to first start off with uh everything that that Miss Campfield had spoken about my past, every bit of it was true. Um, I'm not I'm not sitting here trying to negate the fact that I'm I'm responsible for this.
Uh, but at the end of the day, we're human beings. We make mistakes. Some learn tougher lessons than others. Um, I'm learning every bit from my mistakes.
Um, I wish I wish there was more that I could allocate to the court and to my wife about that night again.
You know, I uh I'm not worried about fence ascendants.
Um I'm at peace with it.
I've hurt my wife.
Um not looking.
Excuse me.
I've not I've not seen um I've not been able to see beyond the end of my nose, say um and my actions. Um it's not an excuse. It's not an excuse, but I I'm striving every day to make myself better.
You know, if if this marriage were to end right now, it's not going to stop me. You know, um if I'm not good for me, I'm not good for anybody, you know.
Well, you know, and so I just I respect my wife for coming in to the court today.
Um, I take strength and bravery.
>> Not a monster. I've done some crazy things. Not a monster. Um, and I'll just I'm just going to accept whatever it is that the court decides as as a proper punishment and um move forward.
Uh, and strive to be better, realize my shortcomings from my past mistakes. You know, I'm getting older. You know, >> how old are you?
>> 42. I'll be 43 this year.
>> Well, I didn't meet you until you were an adult. So, you were in openox or something was the first thing we had or a minor in possession. anymore.
>> I've had a whole team I I've had a whole my whole life has been substance substance related. It's been substance fuel. It's not an excuse. Um had a lot of hurt, a lot of trauma, a lot of baggage from my childhood, you know, didn't want to face it. Um but today sitting here like this is ridiculous, you know. This is ridiculous. I'm in front of the court again. Um where I thought I thought I would never be sitting here again, you know. I really I really didn't. I'm here. Um and it's time to just, you know, I accept responsibility. I cannot allocate to what happened to that night. I wish I could.
>> And I'm just ready to get this chapter behind me.
>> I would ask you what you were mad about, but you probably don't remember. What you're mad about is life.
>> I I don't know. Your whole life is a is a angry response terrible >> to the baggage you're carrying around and you took it out on the person that loves you more than anybody else.
>> And can I can I say one thing to my wife?
I just want to apologize. You know, I didn't I never meant for our lives to turn out this way, but it happened still, you know, and I'm sorry. Well, you've had a number of other relationships and children with other people. And this relationship, I think, is one of the longest ones you've been in and the one you're in at this time.
And she said she loves you.
>> Yeah.
>> She doesn't like this version of you.
>> No, I don't like that version of you.
>> And we had about 44 entries in the district court record regarding you. Uh but you have some stuff in other jurisdictions and some juvenile stuff and uh there's a lot of background.
Uh five felonies and 31 misdemeanors I think is where we were. And I read the report multiple times and I couldn't find anything positive.
We tried everything. We tried district court probation. We tried swift and shore. We tried drug court. We tried the probation center. Uh we tried incarceration in prison. All the programs we have, domestic violence treatment, uh, Twin County Community Probation Center, Swift and Shore, drug treatment court, all those have been utilized and you're still like a Tasmanian devil, spinning wildly out of control, bringing chaos because you're so angry.
You can't contain all your own anger.
In one of the earlier cases, the prosecutor asked for 93 days and I gave you 43 days after hearing everything. I don't know that 93 days would have made a difference. Um, and there were a couple things after that. I think at some point in the last few years you put methamphetamine aside and traded it for large self- medications of alcohol.
I said there I couldn't find anything positive.
Then I got an addendum dated 61526.
Since the submission of the presentence report in this file, the writer has been advised by Lauren Frank Pivotal that the defendant has engaged in mental health services since October 16th of 2025.
Miss Frank indicates that Yodar voluntarily sought treatment on his own and has demonstrated consistent and active participation.
She further notes that Yodar has made me measurable progress toward identifying identified treatment towards identified treatment goals.
So that's been since you've been locked up.
Um and I don't take it cynically. I think that you probably are sick and tired of being sick and tired and you have availed yourselves of the services that were there at the jail with Miss Frank and with Pivotal. Um, which I say good. So, I did find one little ray of sunshine uh at the end.
Um, you're not a monster. You're a human being. You're a person. And you've done awful lots of bad things, including make the woman that loved you think you were going to kill her.
Your guideline range is near as bad as any I've seen. Uh, and my fear was at some point you are going to kill her. Not cuz you're mad at her, just because you're mad at the world. She didn't deserve the wrath of that.
Uh, after hearing argument from the prosecutor, I've increased the top end of the guideline range to 114 months.
Uh the original recommendation of scoring was 29 to 85 months. The constant in the matter was the 72-month sentence recommendation from the prosecution that was made with the consent of Angela Yoder.
So it is my sentence that you are sentenced to 72 to 114 months jail.
There's not a departure of the guidelines prison, excuse me.
Your honor, respectfully, I believe um the court wants to put the guideline range is the um what's reflected in the 38 to 114, but the maximum he faces is the 20 years >> 114 months. So he has a 20-year tail though, your honor. So I believe the sentence needs to be the 72 months to 20 years.
>> Well, the guideline range we established is 38 to 114 months. Correct, your honor. But in the felony sentencings, the tail is always stated by the court as the maximum he could face if he violated parole, things of that nature.
>> All right. 7 to 20 years. That's 72 months to 120 months.
Thank you.
>> Um it's actually 20. Yeah. 20 years.
>> Oh, so 240 months.
>> Mhm. Yes. And then also if the court hadn't I don't recall if I heard it the reflected credit of 271 days.
>> 272 days. I haven't gone that far yet but uh the report says 271. The jail roster as of yesterday says 271. So he has credit of 272 days.
>> Thank you your honor.
>> All right. There are also some fines and costs which have to be assessed.
order.
Tore it apart.
The also assessed are the required fines, a crime victim assessment of $130 and $68 in state costs to uh the state as required by statute.
You do have a right to appeal this matter.
Uh you're entitled to appellet review of your conviction and sentencing. This is done by filing a claim of appeal by right when you're convicted by trial or by leave. You're convicted by leave, which is what this is. This will tell you that if you cannot afford to hire an attorney to represent you on your appeal and may request the council be appointed may request an attorney by completing the request for appointment of attorney section below and return the form to the court. Uh, I'm going to ask you to sign one and uh make that part of the file and you keep the other two wish to pursue that avenue.
Yes, thank you. The maximum sentence is always the ceiling. Uh if we omitted anything we think should be a part of this record or according to the clerk and administrator, we have not. Uh Miss Campfield, anything else you wish to add to this record? No, your honor, only just to state that as the court just did, it gave the defendant his appellet rights that an appeal of a plea of guilty and sentencing is by leave of the higher court. Thank you. Nothing further.
>> Those appellet rights have been returned and will make a part of this file. Uh Miss Strong, anything further?
>> Nothing further, your honor.
>> Mr. Yoder, all you can do is try to be at peace with yourself. Uh, you're going to have some time to think about it.
Um, I wish you the best of luck. Good luck, sir.
>> Thank you, your honor.
>> All right, that completes this record.
Miss Sher, thank you for being here.
Uh Lauren, thank you for being here.
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