In criminal court proceedings, defendants who lie under oath about criminal activity, even when presented with clear evidence like surveillance video, face severe consequences including probation revocation and prison sentences. Judge Raquel West demonstrated this principle when she revoked a defendant's probation and sentenced her to 12 months in state jail after discovering she had lied about a theft that was clearly captured on video, emphasizing that honesty in court is essential and that continued deception after being given opportunities to tell the truth results in harsher penalties.
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Judge Raquel West DESTROYS Defendant — “You’re Facing LIFE In Prison!”Añadido:
The range of punishment would be between two years and up to 10 years in prison.
Do you understand?
>> Good.
>> And then in cause number 24, DCCR 1614, you're charged with a seconddegree felony offense of aggravated assault with a deadly weapon. Uh that's from July 15th of 2024. And what that means in that case is that if you go to trial and you're found guilty, the range of punishment would be between two years and up to 20 years in prison. Do you understand?
I'm sorry.
>> I was notified. I guess no.
>> Okay. I just need to make sure you understand. Just yes or no. Okay.
>> Cause number 24, DCCR1615.
You're charged with aggravated robbery from July 15th of 2024. That's a first-degree felony offense, which means if you go to trial and you're found guilty, the range of punishment is between 5 years and up to 99 years or life. Do you understand?
>> Yes, ma'am. And then finally, in cause number 25, DCCR0436, you're charged with a seconddegree felony offense of burglary of habitation from June 19th of 2024. That means that if you go to trial and you're found guilty, the range of punishments between 2 years and up to 20 years. Do you understand?
>> Yes, ma'am. In all of those cases, I have here on the tablet some documents that you've signed with Miss PZO um that shows that the district attorney's office has made offers if you wanted to enter p of guilty in your cases for a 15-year cap on the um aggravated assault, aggravated robbery, and burglary of a habitation with a dismissal in the obstruction or retaliation. So that means you would be leaving your punishment up to me in those three cases. And if I followed the agreement, I could not give you more than 15 years. I can give you 15 years.
I can give you less. It would depend on information that was brought to me >> at a sentencing hearing. You have every right to reject that and have your cases go to trial and let a jury decide if you're guilty or not and what your punishment is if they find you guilty.
>> Okay.
>> Is that what you want to do? Do you want to reject those offers and have a jury decide?
>> Uh, I'd rather reject the offer because I feel like it'll be a better choice for me in the process.
>> Okay. So, what I'll do is get your cases set uh very quickly for trial. Uh, Mr. Nichols, what is the state's position with regard to which case or cases would be >> expected to proceed on the a robbery, your honor? It's the same incident as the aggravated assault. I may join them.
>> Okay.
>> But I tend to go forward on that case first.
>> All right. A robbery possibly the same one for >> and and I know that with the age of these cases, even on its first setting, it should expect to be breached, your honor. So, we will be ready for trial.
>> Okay. Perfect. Um, same thing. Um, obviously I've asked Miss Pazzzo to get up to speed very quickly on these. Um, that first trial setting is likely to be it going. So, we need to get these taken care of and Mr. Hill either out of jail or on his way somewhere else.
>> Yes, ma'am.
>> All right. Okay. We'll set them for trial. You can go back with the baiff.
>> Thank you.
>> Mr. Hill, wait real quick before you I do also want to make sure you understand that after today I will not accept these agreements. So, we'll put your case on the trial docket. We'll get it tried very quickly, but you're not going to come back in later and change your mind unless it's to something different than what the offer is today. Do you understand?
>> Yes, ma'am. I'm trying to get, you know, after paying Mr. Burbank that much money, should I? I was hoping I could have got a better offer in the process.
>> Well, this is what the offer is. The offer is not going to change. So, I want to make sure you understand that holding out till trial or anything like that is not going to get you a better offer.
>> This is what the offer is. I'm not going to accept it after today. You understand?
>> 21 hearings. All right, go back with the bay.
>> Have to look at um the dates together on that. I think that's when we give our gel a break.
>> Okay. You're April Smith.
>> Yes.
>> And will your client wave the formal reading of the indictment in each of those new cases?
>> She doesn't change.
Miss Smith, in cause number 26, DCCR0870, you're charged with the state jail felony offense of possession of a controlled substance, methamphetamine, from May 1st of 2025. And how do you plead to that charge?
>> Guilty.
>> Are you pleading guilty freely and voluntarily? And are you pleading guilty because you actually did what they charged you?
All right.
So, we're going to go to I don't need to Oh, sentence report. I don't guess on these new ones. Correct.
>> Okay.
And then in cause number 26, PCCR0871, you're charged with the state jail felony offense of theft of property with previous convictions from May 1st of 2025.
And how do you plead to that charge?
Guilt.
>> Are you pleading guilty freely and voluntarily?
>> Yes.
>> And because you did what they charged you with? That indictment also alleges that you were previously convicted of theft April I'm sorry August 1st of 2001 and then February 7th of 2003 then August 12th of 2005 and then February 6th of 2013 and are all of those prior convictions for theft true >> and did you enter your plea of true freely and voluntarily >> in each of these uma new cases I have here on the tablet some documents that have your signature on them that the state has marked as exhibit number one.
Before you signed these, did you go over them with Mr. Lewis?
>> Yes, ma'am.
>> Do you fully understand them?
>> Yes.
>> And do you understand if I follow the agreements that you've made with the district attorney that you'll be waving or giving up any right to appeal?
>> Yes, ma'am.
>> Do you also understand if you're not a US citizen that a plea of guilty or no contest may result in your deportation, exclusion from admission to the country, or denial of naturalization under federal law?
>> Yes, ma'am. And it looks like the agreements that you've reached in each of these cases are for two-year terms in the state jail prison that would be probated for five years. There would not be a fine. Um I don't see that y'all wrote on here safety, but that's part of the agreement. Correct?
>> Yes, ma'am.
>> And it's also part of your agreement and I'm going to write it in um as well that you enter and successfully complete the safety program. Is that your understanding?
>> Yes.
>> State tenders number one in each of those cases.
>> No objection.
>> It's admitted in each case. Is there any evidence that Miss Smith is not competent?
>> Okay.
>> All right. Miss Smith, in each of those cases, I'm going to find that you entered your plea of guilty and then prove freely and voluntarily, find sufficient evidence to find you guilty, and cause number 26, DCCR0870, find you guilty at this um now of possession of a controlled substance, sentence you in accordance with your agreement to a term of 2 years in the state jail prison, but that'll be probated for 5 years. You're ordered to follow all of the rules and conditions of probation, including entering and successfully completing the safety program. Cause number 26 DCCR0871 find sufficient evidence to find you guilty and at this time find you guilty of theft of property with previous convictions. Sentence you in accordance with your agreement to a term of 2 years in the state jail prison, but I'm going to probate that for 5 years. You're ordered to follow all of the rules and conditions of probation, including entering and successfully completing the safety program.
Then I need that sentencing back, please.
In cause number 19, 333472, you were previously here in court. You entered please of true to counts 3, five, and six in a motion to revoke your probation. you're on probation in that case uh for the state jail felony offense of theft of property and that was from August 30th of 2020.
>> Same question judge. I was going to ask the court's guidance. I don't know that because it's that level of an offense that the court can extend it. I would hate for it.
>> I can extend a state jail felony up to 10 still. Okay. The problem is the length of time that the motion has been um >> so she would have five years she would have um August of 2025 would have been the end date. We're not to August yet. So we're still okay. I've got a year >> and yes and it filed in May of 25. So it actually tollled it right before it technically expired.
>> Yeah. But even with tolling, if you have a year past that, then you're >> just shot. So we're good. Okay.
>> So we've reviewed that pre-scence report. We talked about this last week, I think, reset it, and it's everyone's um suggestion that I continue this probation, obviously, extend it, and order safety as a condition. Is that correct? And Mr. Riley's here, and I'm not Mr. Riley, sorry. Mr. Kitchens is here. And you are the probation officer for um Miss Smith. And is this your recommendation?
>> Yes, that is correct.
>> Okay. Thank you, sir, for being here.
Sorry, I called you the wrong name. Um so, Miss Smith, I am going to find in clause number 1933472 that you enter those ple of truth freely and voluntarily. Find sufficient evidence to find you guilty.
Or was she already guilty on this? Was it a >> That was a straight >> straight. It was a straight.
>> It was a straight. So, find sufficient evidence to revoke the probation.
However, I'm going to follow the agreement that you've made and continue you on probation. I'm going to extend the probation in this case for 3 years.
So, I'm going to order in this case that you enter and successfully complete the safety program.
So, if you do all of this correctly, this you are being given a chance of a lifetime today. You've already s seen my response and that I don't really love all of this. Correct.
>> What that means is that if you're back in here on a motion to revoke, I'm going to look at all of this and wonder what I was thinking and it's going to make me really mad that you made a fool of me for going along with this. So, please don't do that. Okay? Take advantage of safety. Get clean and then you can serve all of these sentences while you're out on probation instead of in the state jail prison, which is where you'll end up if you violate. Okay. Judge Matches, I'm sorry. Add one thing for the record from Miss as the court told you, and I mean no disrespect by this, but she's gonna be just as mad at me for asking her to give you the chance as you. And so when you come back, if you come back, I hope you don't other than to tell if you're doing great. I will be asking judge, these run consecutive. And >> you know, I've been here since 2020.
It's still going to be me here in three years. So that would be the recommendation of the state at that time, judge. I hope it doesn't come to that. But >> I do too. That's why we're giving her this opportunity.
>> Take advantage of this opportunity. We all want you to be successful.
>> Um I'm handing you the trial court certification in all three of those cases that shows that these were agreements that I followed. So you've waved your right to appeal. I also handed you a written admonishment regarding your ineligibility to possess a firearm or ammunition. Because of the judgments entered against you, you're ineligible under Texas law to possess a firearm or ammunition. Possession of a firearm or ammunition could lead to charges against you. If you have any questions about the laws that make you ineligible to possess a firearm or ammunition or about how long that lasts, you can talk with Mr. Lewis. Right. Good luck to you, ma'am.
All right. Uh, Brenda Sanchez.
So, we've got witnesses with regard to the Oh, you're not the DA. Hi. Witness with regard to the Y'all can have a seat at council table. Danny, would you turn on the um All right. This is cause numbers 20-33832 and 20-34508 in addition to 26 DCCR 0027. Ma'am, you're Brenda Brenda K. Sanchez.
>> And Miss Sanchez was previously in court, pled not true to all counts in a motion revoke probation >> and uh clause numbers 20-34508 and 20-33832.
I've received an updated prescence report. Have you both had an opportunity to review that report?
>> The state has.
>> Any additions or corrections to that report?
>> No. I'm sorry.
>> Not for the state.
>> All right.
>> All right. Then um Mr. Coleman is at this time. State calls. Kenneth Kitchens.
>> Judge. As he makes his way up. Before I get too far, I ask the court take judicial notice of the court's file, including the uh all the records and documents relating to the probation, all probations in this case.
>> I will take judicial notice of all of that. Mr. Kitchen, please raise your right hand. You swear affirm the testimony you're going to give in this hearing will be the truth, the whole truth, and nothing but the truth. Thank you. And if you just kind of pull that microphone a little closer, make sure it's on. There you go.
>> Mr. Kens, would you please state your full name for the court reporter?
[clears throat] >> Jim Kens.
>> And Mr. Hitchens courts commission with you and how you're employed. But for purposes of the record, how are you employed? Sir, >> I am a committee supervision officer with Jefferson County adult probation.
>> And how long have you been with adult probation?
>> I've been probation um total of about 5 years.
>> And as part of your duties, uh do you supervise uh the uh defendants who are placed on probation here in Jefferson County?
>> Yes. Uh did you have an opportunity to supervise uh the defendant in this case of Bren Brenda Sanchez?
>> Uh very briefly. Yes.
>> Uh so is it fair to say that you were not the original probation officer or officers on pay to supervise these?
>> Yes sir.
>> Uh but you did familiarize yourself with the records as it pertains to her uh proation uh case or cases and her supervision. Correct.
>> Yes, I did. And you by virtue of your employment, you're considered a custodian of record there at the probation department. Correct.
>> That's correct.
>> And as also as part of your duties, you're aware that she was placed, again, of course familiar with this, but I want to make a record here. Two concurrent theft uh felony theft cases that she was on a five-year deferred upon or five-year probation on. Correct.
>> That's correct.
>> Uh and that five-year term began in February of 2021. Yes.
>> Uh these are thirdderee felony theft cases. Correct.
>> That is correct.
>> And do you see the individual here in the courtroom today that you have come to know as Brenda Sanchez?
>> I do.
>> Would you please point to her and identify her by an article of clothing that she is wearing? Please.
>> Swearing. I'm >> asking witnesses of the county judge.
>> The record will still reflect. And uh you're familiar through your duties there at the probation department uh with the process by which the conditions of probation is explained to each and every defendant. Correct.
>> Yes.
>> Uh and is that the case that the conditions of probation uh after a defendant is or defendants are shortly placed on probation, they are explained to that defendant?
>> Yes. Uh, and do you have any reason to doubt that the conditions of this or this defendant was not explained to her shortly after she was placed on public?
[clears throat] >> I can only she understand something.
>> Okay.
I'm sorry. I have a little trouble hearing out if the court need to. Any reason to doubt that she was not explained the conditions?
>> No, she was explain this.
>> Okay, good.
>> Understand that any reason to think that?
>> I know it's confusing.
>> Not explained.
Any reason to think that it's not explained?
>> Let me try to ask it a better way, judge. Any reason to think that this defendant was not explained her conditions of probation needs, please?
>> No reason to.
>> Okay. Thank you. Um, her conditions of probation, did they include not violating the law or laws of the state, any other state or of the federal in federal? They [clears throat] did. And her condition of probation did include by way of summarizing it. uh not association not associating herself with any people uh a person with disruptable character. That's good. And did her uh conditions of probation again by summary include not possessing either any illegal drugs or legal narcotics for which there is a prescription that she has not provided probation department with a copy of that prescription. That's correct. And lastly, was she required to do or perform perform a certain number of community service hours?
>> Yes.
>> And what were or how many community service hours?
>> Uh she had a total of 300 hours in each case remaining. Um last case, uh she only completed 200 hours.
>> Just so I'm clear, the total at the beginning was 600.
>> 600. Yes.
>> And to date, how many has she completed or how much have she learned? that today she is uh about 400 hours total >> that she needs to do.
>> Yeah, she can complete. Yes, but she's she's completed 200 hours.
>> Oh, okay.
>> And as it relates to prescriptions or prescription for any substances, do your records indicate that she's provided the probation department with any copies of any prescriptions for the new substances?
>> We have not received any record new prescriptions. Just to be clear, no prescription or either hydromorphone or the judge, you know what I did? I neglected I mentioned that I want to invoke the rule. I think there may be a potential movements here in court.
>> Okay. I don't know. He's he's [clears throat] testify.
>> You're not here to testify.
He's not being recorded when he's >> not calling him, but the state's going to call him. That's fine. I'm not I'll represent to the court. I'm not going to call him. If Mr. Cole is going to call him, then he's under the rule. And >> just just to fill [clears throat] in the blank, judge for the court. Today, Mr. camera gave me what he pointed to be a prescription that that individual would provide him with. So, he's a potential witness.
>> All right. Step outside the courtroom, sir.
>> Yeah. Just step outside. If they need you to come back in and testify, they'll bring you back in.
>> Sorry.
>> That's fine. Thank you, >> Mr. Kitchens. So, just to be clear, she had the defendant has not provided a probation form with a copy or prescription or a hydromorphone or commonly referred to as deated or noted.
No sir question I have passed.
>> Thank you Mr. Coleman. Mr. Kimler >> the community service. She has two cases. Correct.
>> Yes sir.
>> So she get 300 about 80 each case.
>> Yes.
>> That's not concurrent. That's consecutive.
>> That's consecutive. Yes sir.
>> My understanding is that's usually concurrent community service for each case. So it should be a total of 300 hours. It it would be u concurrent if she completed half within her first year of probation.
>> Well, she's done half being what? 300 or 200? 450.
>> 300.
>> Okay. Um so the 200 hours was completed when?
>> It was last work 2024 um October 17th, 2024.
>> Is there a court order saying it's consecutive or concurrent or is that just the practice of the probation office?
>> It's the practice of probation office.
We we don't make them do them all together if they complete half within the first year.
>> Okay. What about probation fees and other things? Those are concurrent, aren't they? Like the probation supervisory fee. That's concurrent. $60 >> a month. That's concurrent.
>> That's supervision fees. If she has multiple cases, supervision fees and the main case, and then the other costs and stuff. There's one set of supervision fees.
>> The court costs are consecutive. I understand that. Um I was just I wasn't aware that the community service is staff but so in any case she has completed 200 hours. Was that on which case was the 200 hours assigned?
>> That was her um call number 20-33832.
>> The lower cause number is done first or on the community survey. How do you assign how do you make the determination which case to assign the hours the completed hours to if they cons if they're consecutive? Um, like I said, the main case in this in this case here would be the u the felony case. It's got the hours on it. Uh, that's [clears throat] where they would go.
>> Why is it main why is it the main case?
They're both >> felony charge.
>> They're both thirdderee felonies.
>> The um there it's it's the main case that has the supervision fees and >> why is it the main case versus >> Well, how is that how is that?
>> I'm trying to understand.
>> Well, know you can ask them after if you need to understand it, but as far as it goes today, she's ordered 300 in each case. She's done 200.
So I understand that there are times when they wave part of them depending on when they get them done.
>> This wasn't and the way I've explained it in part it's concurrent and I've made that I've explained it to people in the past. It's my first time that I've today actually are stacked but the hours are static.
>> Okay.
>> Would you agree that she made a good faith effort to do community service?
She's done too >> um at the time. Yeah, she did.
>> And you've only served her for how long?
>> Uh, since September 25.
>> Okay.
>> That's a while. Okay. Is it long enough that you that you've come to know her? I become familiar with her or not?
>> No, sir. Um, I've only I've only met with her twice uh both times when she was taken into custody.
>> So, is there a problem with her reporting while she was out or not?
>> No, sir. She'd been in custody that long or how long >> she was in custody and on the new charge and bonded out and then she saw me again and that was whenever the the warrant was done. So, >> okay. So, she really hasn't had an opportunity. Would you agree with you at least to demonstrate compliance or non-compliance while supervised >> in fact that you have been with her? Do you see any as far as your position any issues with her demeanor or attitude towards you?
>> No sir. If the court were to see fit to continue on probation, would you be willing to continue to supervise her?
And yes, >> do you think she could benefit from further supervision or not?
>> I believe so.
>> She said I'm sorry.
>> Yes.
>> What kind of programs do you think would be available to aid her in her rehabilitation and her partners on probation?
>> Um safety or being placed on high risk, low zero tolerance, they continue probation. What about drop program or JCDI or any other available things in house without being >> JCDI a good one >> and you'd be willing to work with her and continue to super questions for Mr. K.
>> Thank you Mr. Kitchen. You can step down >> this time the state will call >> Detective Christopher Rymer. Detective Rhyr.
>> Good morning, sir. Please raise your right hand. Do you swear affirm the testimony you're going to give in this hearing will be the truth, whole truth, and nothing but the truth? I do.
>> Thank you. You can have a seat.
may proceed. Thank you. Would you please state your full name for the report?
It's >> Christopher Lee Rymer.
>> And Detective Ramer, how are you employed, sir?
>> I'm a narcotics detective with the Orange County Sheriff's Department.
>> And how long have you been with the Orange County? A >> little over eight years.
>> And prior to that, were you with the Bowmont Police Department?
>> Yes, sir. I was. And uh were you working uh what capacity were you working with Bulmont back in August or on August the 15th of 2020?
>> I would have been in the narcotic shooting.
>> And did you have an occasion on that day to uh visit a a residence located at 5760 5760 Road Indian Trail in Bmont Texas?
>> Yes, sir. I did.
>> And that's located in Jefferson County, Texas. Correct.
>> Yes, sir. Please explain to the judge the nature of who your contact uh or the vis nature of your visit to that residence that day.
>> Uh that day we had uh we've gotten several complaints from uh neighbors and uh people living in an area of what they believed to be drug distribution coming from that residence. Uh me and some other narcotics detectives began the investigation that led us to that residence and that day we were conducted a knock and talk operation.
>> And that background information that you received uh prior to the knock and talk, what if anything did it indicate or indicated was being distributed out of that residence here? Sir, >> uh um I'll draw a question. Uh what did um what happened uh after the knock and talk was conducted injection cost for >> overruled. Go ahead.
>> Once the knock and talk was initiated uh the uniform narcotics officers that made contact they made contact with two individuals um at which point they notified us to move up. Uh, one of the individuals had made a commission that there was marijuana inside the residence.
>> Let's talk about those individuals. One of those individuals was a Heather Pena, correct? [clears throat] >> Yes, sir.
>> And the other individual was Angel Martinez.
>> Yes, sir.
>> And based on your investigation and the the facts from the scene that day or your observations from the scene that day, how was Heather Pen connected to that residence?
>> Uh, Heather Pen was the daughter of Brenda Sanchez who also lived at that residence.
So we've got knock and talk contact with Heather Pena contact with Angel Martinez. What if anything did Angel Martinez admit to?
>> Again, Yiannis here.
>> Uh I withdraw that question. Yes.
>> State instructor not to elicit.
>> He's overruled. He's with what's wrong the question. Go ahead.
>> Um >> Martinez, he was arrested, correct?
>> Yes, sir. for a MTRP warrant. Correct.
>> Yes, sir.
>> Uh and pursuant to being arrested and judge, this will elicit your say.
However, it's an exception as that does it not go to the truth of the matter. In other words, the ultimate issue in this case being whether or not this defendant possessed the pupils.
>> I'll let the state ask a question before I object to your >> uh what after Mr. Martinez did he ask what after he was arrested did he ask be done?
>> Objection. hear also violates confront right to confront the prosec >> doesn't go to the ultimate issue as to whether or not this defendant is the PS >> it's testimonial if it doesn't then it's irrelevant >> overruled go ahead >> what did he ask >> he had asked for his cell phone and his wallet >> and then for officers who did he ask retrieve that >> he asked opinion to retrieve it >> for officer safety did you accompany opinion to that residence >> I did >> for the reason of >> yeah for for officer safety any reasons when someone enters their residence uh after of a mission that we heard, we want to ensure that they're not retrieving some type of weapon or destroying evidence or something of that nature. So, we follow in as protection for ourselves. Uh, and nevertheless, in this process of you accompanying Pina uh into the residence to obtain or retrieve uh Martinez's cell phone, uh, did you observe uh, marijuana?
>> I did. In the closet area on a tray looked like marijuana.
>> Okay. Eventually, you backed out of there. Uh, at some point was the defendant, Brenda Sanchez, contacted by cell phone.
>> She was. And after she was contacted by cell phone, did she arrive on scene?
>> Yes, sir.
>> Once Brenda Sanchez arrived on scene, what if anything happened next?
>> You call her narrative. What happened next? After she arrived on scene, what happened?
>> Would you rather him lead him?
>> Yes, your honor, I would. So, I would have an opportunity to object to each individual question.
>> Overruled. Ask your question. What happened when Brandy Sanchez arrived on [clears throat] >> uh she had requested the use of the restroom of which we we followed her and so she used >> and just let's clear it up for the judge. I mean everybody's outside at this point and you know we've got Martinez, we got Pena and then now Sanchez has arrived on scene.
Everybody's outside the residence and for officer safety reasons you're not going to just let anybody walk in and then walk out of that break. So what did you do once she indicated that she needed to use the restroom?
>> No, I followed her into uh the restroom and >> but she didn't follow into the restroom.
>> Not into the restroom, into her bedroom, which the that primary bedroom had a an on suite bathroom. Uh she went into the restroom and then I stayed outside near the entry door to the bedroom.
>> Now when she what if anything happened when she exited the restroom? When she exited the restroom, she went to a bedside u nightstand, opened the top drawer, and then retrieved a bottle of pills and handed them to me. Uh, if memory serves, uh, she said, "This is what you're looking for." Handed it to me.
>> Now, this pill bottle, did it have her name on it?
>> No.
>> Is it fair to say it had someone else's name on it? If you recall, >> I can't recall the name, but it did. It was not Brendan Sanchez.
>> Okay. And inside this pill bottle, what you in your training experience, what did it appear to be?
>> A deluxe.
>> A number of pills.
>> Yes, sir.
>> If you remember the the number or the amount or the weight?
>> Uh, I believe you remember.
>> Yeah, it was 11 g.
>> Okay.
And this 11 g of what you believe to be delotted, was it ultimately sent to the lab?
>> Yes, sir.
>> Was it analyzed?
>> Yes, sir. And was there a result after it was analyzed?
>> Yes, sir.
>> At this time, the state would offer states exhibit number one, a lab report uh pursuant to a certificate of analysis that's been on file for the lens of time and has not been objected to.
>> Objection. The hearsay also chain of custody has been established between the substance that was seized and the substance that was tested.
>> Did you file an objection within the time frame for the certificate of analysis that was filed?
>> I'm objecting that the chain of custody has established. I believe the certificate of analysis is accurate, but he hasn't laid the credit for the chain of custody that was what was actually tested was what was seized and submitted to the lab.
>> I'm happy to do that, judge.
I'll draw my offer stakes one at this time of pending calling conditional witness to establish the cham judge.
Once you received that pill bottle that was given to you by the defendant, what did you do with it? I provided that to the the lead case agent which was Detective Matt Neil.
>> Detective Matthew Neil. Is Detective Matthew Neil here today?
>> Yes.
>> Okay.
I think it's all Let me ask let me ask you this. Um couple of housekeeping questions.
uh hydromorphone or what's commonly referred to as delighted delighted. I don't know why I have a some stone go that word. Is that a controlled substance in in the state of Texas?
>> Yes, sir.
>> Is that possession of that? Would that be a violation of would it be a degree one substance uh in violation of section 481.115 of the Texas Health and Safety Code?
>> Yes, sir. As far as you know, a possession of four grams or more with less than 200 grams be a seconddegree felony.
>> Yes, sir.
>> Now, um these individuals who occupied this residence, uh well, what if any information did you develop in your investigation that would link this defendant to that residence?
>> Do you object to the global nature of the question?
overruled >> and the extent that involved hearsay >> let me rephrase let me rephrase during the course of your investigation did you develop information that alleges believe this was her residence that she resided there >> yes >> uh during the course of your investigation did you develop information that indicated that she resided there with Heather and Ricky Woods albeit on another part of that property but he was there on that property >> yes >> now this Ricky was Miss Heather Pena.
You understand part of her condition of probation is not to associate with people of disreputable character.
>> Yes, sir.
>> Uh in your understanding or your common understanding of a person with disreputable character, uh how would you characterize Ricky Woods and Heather Kingdom? Uh >> both subjects have had lengthy criminal histories. I know Heather um was very well known as as a drug dealer >> and again u I don't know if you covered this maybe I'm thinking back to our area but you received there had been complaints is it fair to say >> yes sir >> uh neighborhood or neighbor complaints >> citiz complaints yes sir >> about the comingings and goings there at that residence >> yes sir a lot of uh vehicle traffic uh bicycle traffic and people walking to and from that residence >> and based on your training experience, what if anything is that or could that be indicative of >> drug distribution?
>> I'll pass, Mr. >> Thank you, Mr. Fman. Mr. Kimler, >> morning.
>> Morning, sir.
>> I'm not going to ask you details if there is a confidential informant. Was a confidential informant used in this particular case or was it just citizen complaints?
>> There was there was uh TI was used uh not by me. um by the lead detective Matt Matthew.
>> And so the evidence that the CA was able to provide to you wasn't sufficient to obtain a warrant. You just relied on the knock and talk.
>> Knock and talk was at the time the citizens were very upset and that was a a a way that we could handle an issue or or at least show attention to the issue rather quickly. So, and I'm correct in understanding your answer is that it was based on an expedited uh a desire to expedite the interaction where it would preclude using the CI's information to obtain a warrant.
>> Well, the reason for expedition on something of this nature, judges, that uh deludits are often time fake pills and things of that nature. Um Bulmont at that time uh I can speak to was seeing an a large number of overdoses and uh the fact that the law that's associated with overdoses we wanted to show attention to the fact that possible pills being sold from there >> so am I correct in understanding that the CI possibly provided information that Dotted were being distributed >> I couldn't I couldn't tell you >> well it seems to be what you're saying though that was the reason to expedite [clears throat] and go to a knock and talk versus using information from the Seattle obtainable warrant.
>> If we could if we could do something to possibly stop overdoses, we were going to do it.
>> Well, what I'm saying is that's predicated on knowledge that dilotted was being distributed and that goes beyond the citizen complaints. Is that correct?
>> Can you repeat that one?
>> The desire to take Dotted or remove Dotted from the streets. the knowledge of that pos being the s that residence being the source of that distribution that was the reason to expedite to a knock and talk versus using the information to obtain a certain >> you would have to ask man he was the lead case agent >> who initiated the knock and talk >> uh it was officer Visser and officer Brown >> and uniformed officers is that right yes sir >> and to be correct and accurate Miss Sanchez was not present at that time is that correct >> not when they made uh their initial The initial contact was made and was entry made at that point or not?
>> No sir.
>> When was entry made? After the initial contact and what was the reason for entry being made?
>> The entry was made when uh Mr. Martinez requested his cell phone and wallet and I accompanied Miss Pena to retrieve that.
>> And Martinez was in custody at that point.
>> Yes, sir.
>> For what warrants or what was the reason?
>> I believe the MTRP warrant.
>> Active warrant.
>> Yes, sir.
>> And he answered the door or would he was retrieved?
Miss Penny answered.
>> And how was Mr. Martinez retreated with the act of war?
>> He exited the residence while they were speaking with Miss Penny >> and a warrant check was run or did he volunteer that he had?
>> Uh, I believe a check was written in his name.
>> And so an officer accompanied Miss Pena into the residence. Is that right?
>> Yes, sir. I did.
>> You did?
>> Yes, sir.
>> And you said you observed marijuana, what you believed in marijuana?
>> Yes, sir. CL. Is there any way to distinguish illegal marijuana from legal hemp at this stage?
>> Outside the smell of it, which I could smell it, and the look, I've I've had [snorts] many cases with marijuana. It appeared to be marijuana to me.
>> And based upon that, you didn't have probable cause to search the residents.
>> We have probable cause, but we would at this point, we were still talking to Mr. Martinez outside. Heather Pena was in the room, so we wanted to retrieve that out. I believe one of the other detectives was speaking with Miss Sanchez on the cell phone at that point.
>> Was the substance retrieved or not?
>> The marijuana?
>> Yes.
>> Yes, sir.
>> It was retrieved.
>> It was It was taken into my custody given a detective Neil at that time.
>> Do you know if that was under tested or not?
>> I don't.
>> What was the approximate >> sir?
>> What was the approximate quantity?
>> I don't remember.
>> What? More than a felony amount or misdemean or less than 20? November.
>> At that point, was your entry of the residence predicated on extra circumstances and probable cause or not?
>> At the at that point, I was strictly for officer safety reasons once that was going to be as the president.
>> So, it still wasn't it wasn't a situation where you're conducting a full search based upon exit circumstances and probable cause. Is that right?
>> So, you exited the residence, correct?
>> Yes, sir. with [snorts] Miss [clears throat] Penny and the cell phones, >> uh, the cell phone wallet and, uh, the box that she retrieved that had additional narcotics, what I believe to be narot.
>> And what was in the box?
>> Oh, it was additional marijuana and some pills, I believe.
>> Did you direct her to do that or she did that?
>> No, she did it. I I asked her. She picked up a box, not knowing what's in that box, whether it's a weapon or something like that. I asked her if she would open it. She willingly opened it for me, and that's where the narcotics was.
>> Yeah. So she was pl was she placed under arrest or not?
>> Yes sir.
>> So >> you're outside of the residence now, right? Everyone's outside of the residence.
>> Did you conduct a protective sweep while you were inside the residence?
>> So um I don't believe I did. Uh it may be another officer. I didn't.
>> So who else entered the residence besides you as Miss Pen?
>> Officer Ver.
>> So both you and Kenya exited the residence?
>> Yes, sir.
>> And to your knowledge, no one was in the residence at that to my knowledge.
>> And then someone called Miss Sanchez or what's your understanding what occurred?
>> That was my understanding that the detective Neil was speaking with Miss Sanchez of B7.
>> So Detective Neil initiated contact with Miss Sanchez.
>> Uh that would be something he would have to answer. I don't know how he got I just know he was speaking to her on the cell phone.
>> You don't know whether he called her contact.
>> In any event, you observed Sanchez to return or to come to the res?
>> Yes, sir.
And then when she came to the residence, u obviously she's outside of the residence when she arrives. And the context of her entering the residence was what?
>> She would give you a use.
>> So she advised you or someone that she needed to enter the rest.
>> She advised everybody that she needed to use.
>> So based upon that, you accompanied her into the house.
>> Yes, sir.
>> And observed her to enter the restroom in the master of sleep.
>> Yes, sir. And then when she exited the restroom, did you provide her any directions as far as, hey, you need to provide us with whatever illegal narcotics are in here? Any kind of direction or >> commands? Anything like that?
>> No, sir. I don't know what her and Detective Neil spoke about, but I didn't give her any >> Well, did you give her any directions?
Like, I want to see your hands. Don't grab anything. Don't make any sudden move. Any kind of those type interventions?
>> No, I just made sure that she wasn't had I didn't see her with anything in her hands coming out of the bathroom or anything. had each Monday too. Did >> obviously anybody can be a threat, but was there anything particular about her conduct that would initiate any type of additional vigilance on your part that she was a potential threat? Anything she did to to cause you to have that extra concern with her?
>> It it's not extra concern. It was we would treat every situation in that nature of anyone re-entering or entering a residence when uh law enforcement's on scene.
>> But she didn't do any in particular that would cause you.
>> She didn't make any threats if that's what >> per movements, those types of things.
Nothing like that.
>> No sir. Not that I remember.
>> So when she approached the nightstand and attempted to open the nightstand drawer, did that cause you concern?
>> It did.
>> And would for what reason?
>> Because I don't know what's in that night stand.
>> Could be a a weapon.
>> Could be a weapon. Could be she's trying to get narcotics to destroy him.
>> What's your first concern? Ask weapon, right? You're talking about officer safe.
>> Absolutely.
>> Did you direct her not to open the drawer?
>> I walked to I walked closer to her and she reached reached anything. Well, did you direct her don't open that drawer?
Don't open the door there. I don't want you to do that.
>> I don't recall.
>> Well, you think that that would be consistent with officer safety to direct her not to open the drawer?
>> I would figure so, but I don't recall if I did.
>> Well, would it be customary or regular on your part to perhaps an unknown object in the drawer with a suspect in a narcotics investigation to direct him not to open a drawer with unknown things in the drawer?
>> It would.
>> Yeah. Do you So, you don't know if you directed or not?
>> I don't sir.
>> In any case, she opened a drawer.
>> Yes, sir.
>> And that was without your direction. Is that right? She did it her own valition, >> right?
>> And reached in and handed you a bottle of pills.
>> Yes, sir.
>> So, you let her reach into the drawer not knowing what's in the drawer?
>> Yes, sir.
>> Even though you're concerned with your safety, >> right?
>> Does that sound like Does that make sense or is that a good idea?
>> This has become kind of part of the benefit at this point to it.
>> It's not It's cross-examination.
>> I think it's kind of been asked and answered about the the safety and go ahead.
>> So, yeah, ask the question.
Did did you perceive it to be a threat when she put her hand into the drawer?
>> Her actions uh she wasn't making assertive movements or and then that nature. Uh again, I wasn't when she exited, you know, I wanted to ensure that for her privacy, I wasn't looking so closely at her. Uh she made her way to the nightstand and at which time she opened it and hand me the pills.
>> My question was did you perceive it to be a threat when she put her hand in the night? Yes or no?
>> No. No, sir.
>> And she retrieved a bottle, correct?
>> Yes, sir.
>> And you she handed it to you?
>> Yes, sir.
>> And you opened it?
>> I opened it after we we walked out of the residence.
>> And describe what you saw in the bone.
>> Uh, it was pills that I've commonly seen to be delotted.
>> Describe the pills.
>> I can't recall the pill, but according to my >> my report, I believe them to be delotted.
>> What did usually look like? in that [clears throat] milligram capacity do >> I didn't hear >> what the live usually look like when they're in that milligram capacity >> I can't recall >> and was there a person's name on the prescription bottle >> there was I don't recall the name but I know it wasn't Brenda Sanchez >> right do you have your report with you >> I do >> would that refresh your recollection these name >> it's not Amar >> that's not an important fact you don't think >> oh it is but that that model was given to the loop case agent. Uh I'm sure he can attest to what was on the bottle as he went through the process.
>> If I represent to you again, I don't know. Wasn't there a look at the bottle?
Potentially the name was uh Mark Bridges. Would that be inconsistent with your recollection? You just don't know.
>> I would recall that.
>> Does she appear to be under the influence of of hydromorph?
>> Yes, sir. What are the characteristics of somebody that's under the influence of hydro morphine?
>> Uh it's a considered a downer. So she would be uh lethargic something in that nature.
>> Swear speech. The normal customary.
>> Yes sir.
>> Indications of narcotic intoxication with the depressant. Right.
>> Yes sir. She didn't appear to be intoxicated to be >> was it slur or words? Didn't have blown out pupils. Anything of that nature? No.
Not to my >> deserve any Well, how is Dwight Connelly ingested by street users?
>> Pill form.
>> How do they ingest it?
>> They they swallowed.
>> How else are they injust?
>> They can smoke it.
>> How else?
>> That's I mean you can fight and shoot it.
>> Any any way an addict wants to use drugs, they'll figure out.
>> Is it usual customary to be used intervenously? You know >> most of the time as far as my knowledge a lot of times it's uh mostly taken by pill form or smoked >> not injected >> can >> did you observe any signs on this Sanchez of recent use of drug use?
>> I didn't look for that.
>> Was she cooperative, reasonable?
>> Yes, sir.
>> Respectful >> to a point.
>> We need to appoint anything. I mean, anytime you show back up to your house knowing that there's possible narcotics, you're not going to be too happy that you see law enforcement at your house.
But >> she wasn't rude.
>> She wasn't rude.
>> Yes. Not she was cooperative.
>> Was she uh placed in handcuffs and taken into custody?
>> I don't recall. I don't believe so. I know she wasn't taken into custody.
Did you ever run a search on that residence or not?
>> I did not. No, sir. Or do you know if one was ever run? I don't believe so.
>> Okay.
>> And no further questions for Detective R.
>> Thank you, Detective.
>> Yes.
>> State call Detective Matthew Neil.
>> All right. Detective Neil.
Good morning, sir. How are you?
>> Good. Please raise your right hand. You swear from the testimony you're going to give in this hearing will be the truth, the whole truth, and nothing but the truth.
>> Yes, ma'am.
>> Thank you, sir. You can have a seat.
>> You may proceed.
>> Thank you. Would you please state your full name for the court reporter?
>> Uh, Matthew Neil, Ne.
>> Detective Neil, how are you employed, sir?
>> With the Bmont Police Department. And how long have you been with BPD?
>> Uh since January of 2019.
>> And back in August, specifically on August the 15th of 2024, what capacity were you working with BPD?
>> I was a undercover narcotics detective.
>> And we've already heard testimony from Detective Christopher Rammer about what happened uh there on that day at 5760 Rail. So I'm I'm not going to rehash a lot of that. Uh the main reason why I called you as a witness is to shore up the chain of custody for the pills in this in this particular case. Uh and it you were on scene that day with with Detective Rymer. Correct.
>> Yes, sir. It was by operation.
>> Okay.
>> Uh and uh I approached the judge.
>> Yes, sir.
>> Detective Neil, I want you to take a look at these documents because these were things that I didn't specifically show you during our prehering prep.
Okay.
>> I just kind of blindsid you with those.
Um, take a moment or two to take a look at this.
>> Okay.
>> Again, with regard to the chain of custody for the pills that are the subject of this hearing, uh, and the motion to revoke this defend probation, uh, the pill bottle that was that the defendant gave to Detective Rainmer, did Detective Rainmer give you that pill bottle?
>> Yes, sir. And did you subsequently send the the the contents of that pill bottle to the lab?
>> I took them to our B police department property or evidence room and they sent them out to the lab from there.
>> Did you fill out a lab submission form?
>> Yes, sir.
>> Uh and is that one of the documents that you're looking at, Bill?
>> Yes, sir. Now that lab submission form contain contains certain information uh such as the defendant's name uh the defendants's date of birth the offense report uh or offense the report number or case agency number are all those things likewise contained in the lab analysis or the final report from the lab in other words the defendant's name date of birth and your agency case As far as her name, it's got the pills, what the pills were identified as.
>> May I post a little?
>> Yes, sir.
>> May it help if since I'm familiar with it, if I got side by side here with you, um, Hawkins state.
>> Yes, sir.
That's referring to your lab submission form offense state and again for the record we're point referring to states exhibit number one. Right.
>> Correct. Um uh states one also has the defendant's name and date of birth.
>> The uh lab submission form defendants name, date of birth.
>> Correct.
>> All right. Um agency case number on this lab submission form there.
>> Yes sir.
>> And states exhibit number one. Is there a agency case number on there?
>> The case number. uh the based on your review of these documents and your recollection uh of your involvement in this case, do you have any reason to doubt that the uh ills that were given to you by detective Rainer that you filled out a lab submission form for were analyzed and reflected in states exhibit number one, the lab report or final report from from the lab and >> I have no doubt. Your honor, this time will be read offer st executive report.
>> At this time, I would object that the labyrinth board is true of the poisonous tree. The substance that was reported to have been tested under the state's labor board was ceased in violation of the defendant's right to be free from unreasonable search and seizure both under federal and state law. It was an unlawful search that if obtained the substance that analysis was obtained there. So, I would object that it violates your right to be free from unreasonable search and injury.
>> How did how was it? How did they seize that when she handed it to them?
>> They're inside of the residence. It's a knock and talk. It was a other little potential custodial situation. There was no warrant. Um the knock and talk itself predicated on >> states ones admitted >> that question.
>> Yeah.
>> Detective Neil, just one final question or two with regard to the what they characterize in this lab report as the results and conclusions. What was the result or conclusion of this lab report?
>> Uh the pills were identified as hydromorph bone which is commonly known as delotted >> uh judge uh pass the witness >> just briefly I'm not going to get into the details of your investigation but you believe officer is that right >> correct >> decision was made to do a knock and talk instead of obtaining a search warrant.
Could you >> correct >> maybe elicitate that for me? Why was that decision made? It was just the easiest route to go and it was a complaint location that we were getting calls from neighbors and other citizens in the area and we had to take action and instead of going through a longer process, an easier process is conducting a knock and talk and speak with the people that are in question.
>> Okay. I just want to be clear. So it's just an easier method to pursue that particular >> It was the best method at that time.
>> Why was it the best? Was there something that would have precluded or made it particularly problematic to obtain a search warrant or was it just more expeditious to do a knock and talk?
>> It was more expeditious and like I said, it was the best route in my investigation uh to conduct the knock and talk.
>> I understand why you're saying it's the I was trying to understand the factual predicate why it was the best route.
What was the particular reason? Was it for instance, was there no probable cause that the confidential inform hadn't risen to that level yet to get a warrant or would it just taken too long to have gotten a warrant? No, we had everything we needed if we wanted to go that route.
>> I understand. So, is this easier to go than nothing?
>> It was the best route.
>> Was it easier?
>> He's answered the question. Please move on.
>> For the purposes of the record, you are on the legality of the search. I think it's it's >> answered it.
>> I have no further questions from Detective Neil.
>> Thank you, detective. You can >> state of Texas.
>> All right. Any witnesses?
>> Uh, Miss Sanchez.
>> Miss Sanchez. Come on up, please. Ma'am, >> I'm on up to the chair.
Miss Sanchez, best you can raise your right hand, please. And do you swear affirm the testimony you're going to give in this hearing will be the truth and all truth and nothing but the truth?
>> Yes.
>> Thank you. You may proceed.
>> M Sanchez, you've heard the testimony of both of the officers.
Does that basically comport with your recollection of the events that they tested or do you have a different recollection?
>> Um, basically there's a few differences, but um, basically >> what are what are [clears throat] the differences?
>> Um, after I left the restroom and I went to the nightstand, um, I was I had a friend that had been staying there a couple of nights because he was going through a divorce. Uh he had let me had put his medication in there and I was really hoping it wasn't still in there but it was. So I got out and I did call the officer and handed it to him. Um they did not wait till they left the bedroom. Uh all of them congered together at the end of my bed there about four or five officers to see what I had gave him. [clears throat] >> Okay. Was it a prescription from Mark Bridges?
>> Yes. Yes sir.
>> And we have not given it provided to the state. This is a print out of his prescriptions. Is that right?
>> Yes, sir.
>> And how are you? What's your relationship to Mr. Bridges?
>> He's been very good friend of mine. I've known him since I was 18 years old.
>> Well, you sleeping together and yes, >> defense one on your arm.
>> Yeah. I would object to this. This witness is not the proper witness to sponsor that. If you look at that document, there's no indicative of authentic authentication with regard to this. In other words, it's not it's not a self authenticating document. It's not certified. Uh this is a document that could have just been created on anybody's printer uh with their uh laptop.
>> Of course, you're we're not dealing with a jury trial area. The court could give it whatever weight that the court wants to. I'll simply represent to the court.
>> I don't think she has the ability to lay the foundation for it. How can she lay the foundation for that?
>> Well, it's again, your honor, it's an MTRP hearing and I would just have it has the weight that it has. she's representing that the prescription was Mark ridges. We don't have the >> I don't think I don't think the uh the reverse would be true if the state was trying to do that. Um and the argument was it's just an MTRP hearing that still the rules still apply.
>> Well, if we would have the actual bottle, I think it would reflect that whose prescription it was. She doesn't have that.
>> I mean, she's testified to who it is.
The officers have testified that it was not hers, that it didn't have her name on it. She's testified to that name, but I'm going to sustain the objection to that that document.
>> Uh, you voluntarily provided it to the state. Is that right?
>> Yes, sir.
>> At the time you provided it to the state, were you you were on being supervised at the probation department?
Is that right?
>> Yes, sir.
>> But part of that supervision, had you been being drug tested?
>> Yes, regularly.
>> And when was the last time you've been drug tested?
>> Um, it's been a while that it was negative.
I'd say I didn't give you a time frame.
The last time before you provided the prescription to law enforcement, how long when when had you been drug tested?
>> Oh, um I don't I really don't know. You have to ask my officers that my phone.
>> Are you a methadone patient?
>> Yes, I am.
>> And how long have you been a methodone pat?
>> 6 and a2 years.
>> So, at the time, am I correct in understanding? At the time you provide this prescription medication to the officer, that loted you were taking methadone. Is that right? Yes sir. I still am.
>> What would be the problem if you ingested dilotted while you were taking methodone?
>> I would not feel it at all. I mean it would be pointless. Um um [clears throat] probably made me sick. I mean >> were you under the influence of any type of narcotic when you were talking to the officer?
>> No sir.
>> Why were you why did you cooperate with them and retrieve the the pill bottle and give it to them? because they were asking me if there was any kind of narcotics on the premises and uh so I went over there to see if he had gotten it. He hadn't. So I presented it to them with along with my you know what had happened. They took it and led me to believe that was it.
>> Okay. So, am I correct in understanding then that you retrieved the allotted the hydromorphone because an officer directed you to give them any narcotics that were in the residence?
>> Yes, sir.
>> You didn't just walk over to the nightstand and >> No, sir.
>> Just to be clear, you weren't in custody when they directed you to provide narcotics. Is that right?
>> No, sir. I was never custody.
You were just cooperating.
>> Yes.
>> As far as your probation goes, you've heard about the community service issue.
I think you've done 200 hours. Actually, I didn't even really do that. I um was able to purchase a card um and donate to some other place. Okay.
>> They told me that was an option. Um >> they directed me. They told me that I could get a uh a doctor's note. I have I have a condition, an injury. I need a hip replacement. And um so I don't get around real well. And um I had provided one previously which uh Miss Robinson, my officer that was my probation officer prior to Mr. Kitchens, um had asked me uh to if I could get another one, and I said I could. So, but by the time I brought it back up there, Mr. She was no longer my probation officer. It was Mr. Kitchens, but I did give it to him.
>> How do you How do you maintain employment? How do you support yourself?
>> Um, I work for uh Marlon Riley. I um I do inventory. He owns a uh a business and garbage recepticles, trash them for u contractors and things.
>> Private private private waste collection.
>> Yeah. Yes, sir. Yes, sir.
>> And what And you what do you do there?
>> I answer the phones. I think you know inventory um and direct in sales whatever.
>> How long have you had that job?
>> I've worked for him for on and off 10 years.
>> And would you have that job available to you? Should the court continue on probation?
>> Yes. Yes. I >> do you want to be continued on probation?
>> Uh yes sir. I mean that's an option. I mean I didn't knowingly violate anything. Um, I lost my daughter because of this. Uh, I did not have any idea until actually that day what my daughter and her boyfriend were doing. Um, she overdosed 6 months later and uh, >> she died.
>> Yes, I found her. She overdosed at the house and u um, like I said, that was my home. You know, we lived there um, he was only there to see her. Who who is he?
>> Um Angel Martinez. I [snorts] only knew him because that was my daughter's boyfriend. Um he didn't live there. He just, you know, was there two or three nights, maybe a week to visit with her.
I >> think is it your opinion that her association with Mr. Martinez led to her overdoses?
>> I know it was. I know it was.
>> What's your feeling towards the use of illegal drugs specifically? And then >> I never thought my daughter would do that. Um I've had trouble with drugs all my life. all my life since I was like 15 years old and >> [snorts] >> uh this is the longest time in a long time I've been clean and um I never thought she would use her. I was shocked up until I actually I got the autopsy results. Um she uh died from a methamphetamine uh a mixture a toxic effect between I didn't even I had no idea that she was on meth. I never thought she'd do something like that.
Well, I'm sure Mr. Coleman from the state is going to ask you about disreputable associations, Ricky Wood being one, I guess, other ones. What is your explanation for the associations that you've had while on probation?
>> Um, Ricky's a a very good friend of mine. He's been a friend of mine for a long, long time. Um, true. He he had one incident where he went to prison a long time ago, but I mean, other than that, he's he's a good person.
>> He stood by me, you know, through all of this. Is it now?
>> Sorry. I don't believe I want to talk about Is it possible for someone to have criminal history and not be a disruptable person?
>> Well, yes. I mean, myself, I I don't consider myself a bad person.
My drug use had me doing all kinds of stuff like these theft cases. How I supported it. I mean, I couldn't possibly afford what I was doing any other way. That's how I I had these theft cases that happened. You know, I was stealing to support my drug habit.
What what does the word entrepreneur will do to you >> to? It means uh just of a bad character that you don't care uh about anybody else. It's all self- serving.
>> Could people not have a criminal history and be disreputable?
>> Yes.
>> Yes. It has to do with your character, you know, like if he knew that my daughter was starting to have a problem, he should have made her stop. He should have told me. He should have anything instead of just let her die. I I mean Cumins tells me one night that something's wrong with her.
>> Yes, she was on the floor. He never got her on the floor.
>> Hold on. That didn't have anything.
Let's move on to something.
>> I have no questions for you sound judge.
>> Well, I do.
>> Um on this updated precedence report where Mr. Kitchen visited with you about your statement.
>> Yes, ma'am.
You made the statement that I thought all of this was going to be dropped because I do have a prescription. My lawyer has a copy of the prescription.
>> Um, I meant the run out. My my I've only been able to contact my friend through the phone. You know, I've been locked up. But he provided that for them.
>> You didn't tell Mr. Kitchens anything about that person or that name?
>> That's what I meant was this paper here.
This what I meant that he had provided this to Ricky. Um, and I believe he told me he was going to take a copy of it to my lawyer. That's what I was talking about. That it was my my friend's prescription.
>> Your friend's name is what? Bridges.
>> Mark Bridges. Yes, ma'am.
>> And was Mr. Bridges on probation or parole or had felony offenses?
>> Um, I don't know about felony offenses.
>> Y'all have been really good friends since you were 18, so tell me the truth.
I'm sh he's been to prison. Yes.
>> Okay. So, you know he has felony offenses?
>> Yes, ma'am.
>> So, he has felony offenses. You're letting them stay there and you're >> he's putting there only for a couple of days. It was not something that you know >> why would you put his pills in your bedside table?
>> My u oldest daughter also resided with us. That's actually where I was. I had brought her to the doctor while I was uh watching her. I have a 4-year-old granddaughter that resided in the house and I was so afraid, you know, that she was going to come in and pick them up if he's left them in his pants pocket. So, we put them there. So, she couldn't get to them.
>> She couldn't get into a drawer, >> right? She could not get to the that drawer. No, >> a four-year-old couldn't get into what >> other than laying on the floor in a pair of pants. When I saw them fall out of the pocket, uh we put it in the drawer.
That was the safest place at the time.
Safer place, I should say.
>> Okay.
>> Anything else?
>> Just really free arg.
>> You can step down.
Sure.
>> Yeah.
>> Okay. This is clause numbers 25 DCCCR0734 and 23 DCCR 1828. Um, Mr. Coleman, if you're planning on using your um, >> your battery, >> your battery is low when you're >> Well, that's actually the court's computer.
>> And sir, you need to take your hat off.
>> Yeah, judge.
>> Yes.
That's the HTML one.
>> Yes.
>> Got early and I tested it. Everything was working fine.
Yeah.
Got it. Thomas.
>> Thank you.
>> All right, ma'am. You're Bonita Graham.
>> Yep.
>> All right. So, let the record reflect.
Miss Graham's present with Miss Holmes.
Mr. Coleman is present. Um, it looks like we were here before and Miss Graham entered please of Well, let me see. Are we >> We originally um came and Miss Graham pleaded uh true to the uh counts in the motion. Uh there was a post sentence uh the PSI done in which Miss Graham um stated that she did not commit the offense. And so the last time we came to court um the court withdrew her please and set it for a hearing. for the on the motion. So, we're here on the motion.
So, we're um >> Got it. Let me get that pulled up. Thank you, Miss Holmes.
>> And with regard to the newer offense, no plea on it or it was withdrawn as well.
>> Withdrawn as well.
>> Everything was withdrawn. Okay. All right. So, so and clause number 23. Well, let me go ahead and go through that motion again.
Uh, Miss Holmes, will your client wave the formal reading of the motion?
>> Yes, sir.
>> So, Miss Graham is on probation for state jail felony offense of credit debit card abuse. Um, looks like that probation was from December 12th of 2023. It was a 2-year term in the state jail prison that was probated for three years. And the allegation uh two allegations. First is that she committed the new offense of credit or debit card abuse January 3rd of 2025.
And then the second is that she's behind in her court assess fees. Uh so Mr. Coleman, are you ready to proceed?
>> Stay ready to proceed. Before we get going, I'd like to uh withdraw the second allegation about the fees um given the information presented in the ESI uh indicating that defendant is unemployed and also on social security.
I'd like to withdraw that. However, I'd like to reserve my right to put that on as punishment evidence if the court uh find that first allegation truth. Thank you, Mr. Coleman. You may proceed. The uh state calls Alex Hill. Alex Hill.
>> Good morning, sir. Please raise your right hand. Do you swear or affirm the testimony you're going to give in this hearing will be the truth, the whole truth, and nothing but the truth?
>> Thank you, sir. You can have a seat.
>> Thank you.
>> Our potential defense witnesses in the court.
>> Miss Holmes.
>> Okay. Thank you.
And your honor, I'd also ask the court take judicial notice of courts file, including the PSI, the preparing sentence.
>> I was going to tell you guys, everybody has that prescence report. We've already gone over it. Um, and there were um attached uh to the pre-scence report a um looks like an evaluation or some a letter at least from uh Dr. Canagotti as well as several letters of support that were sent over from Miss Holmes. You received all of those.
>> And looks like there was also uh some medical records that were sent over as well as part of that and have you all both had an opportunity to review those?
>> Yes, sir.
>> Yes, Judge.
>> Okay, you may. Um I'll take judicial notice of the rest of the fort's file as well. You may proceed.
>> Thank you, Judge. Would you please state your full name for the court order?
>> Uh, Alex Hill.
>> And uh, Mr. Hill, how are you employed?
>> I work with Jefferson County Adult Probation.
>> And, uh, your, how long have you been with the probation department?
>> I've been with the probation department three years.
>> Okay.
>> And, uh, part of your duties, do they include supervising defendants who have been placed on community supervision?
>> They do.
>> And did you have an opportunity to supervise uh, an individual by the name of Bonita Graham?
>> Yes, sir, I did. Uh, have you been the supervising officer or probation officer for being a Graham for the entire time or or duration of her probation?
>> No sir, I haven't.
>> Uh, when did you take that over?
>> I began supervising Miss Graham in February of 2024.
>> And uh, certainly you as a custodian of record for the probation department, you have access to all of her records and you uh, have reviewed those records prior to testifying here today.
>> Yes, sir.
Do you see the individual in the courtroom here today that you come to know as Bonita Graham?
>> I do.
>> Would you please point to her and identify her by an article of clothing that she's wearing?
>> She's wearing a pink or purple blouse.
>> I ask that the record is identify the defendant judge.
>> The record will serve.
>> And uh just to be clear, she's on probation for state jail felony credit card or debit card abuse. Right.
>> Yes, sir. That's correct.
>> You went on that three-year probation uh starting uh on December the 12th of 2023. Correct. That's correct.
>> And u you're familiar with the process by which each and every defendant is explained their conditions of probation when they are initially placed on probation. Correct?
>> Yes, sir.
>> I mean, would it be fair to say that's a standard practice?
>> Yes, sir.
>> Do you have any reason to doubt that this defendant was not explained her conditions of probation when she was initially placed on probation?
>> I do not. No, sir. Uh, in fact, her conditions of probation include, as do all conditions of probation, not violating any law or laws of the state of Texas or any other state. Correct.
>> That's correct.
>> And, uh, just one final question. Uh, the defendant, [clears throat] >> what was the defendant's last known address of the god? The current address I have for Miss Graham is 4440 Gulfway Drive, apartment 224, Port Arthur, Texas.
>> Okay. Uh I'll pass with Mr. >> Miss Holmes. Any questions?
>> Uh just a few.
>> Good morning, Mr. Higgle.
>> Good morning.
>> Just a couple of questions in regards to uh Miss Graham. Um you've stated that you've been supervising her since uh February of 2024. Is that correct?
>> Yes, ma'am. That's correct.
>> Okay. And um while uh on supervision um has Miss Graham um has she come to all scheduled appointments or have you had any issue with her reporting?
>> No, ma'am. She reports as I'm sure.
>> Okay. And um you're aware that Miss Graham um has been diagnosed with breast cancer, correct?
>> Yes, ma'am.
>> And uh she has provided that documentation to the department. Is that correct?
>> Yes, ma'am. Every meeting she provides me updated medical documentation.
>> Okay. And have you all been working with her um to make sure that um she maintains or um stays compliant with probation while undergoing any um medica not medication but undergoing radiation or chemo.
>> Yes ma'am.
>> Okay. And so the only reason obviously we're here is because of the new allegation of an offense um of credit de court abuse. Is that correct?
>> That's correct. And the process with probation, when there is an allegation of a new offense, is it the standard practice of the probation department to file a motion to revoke probation?
>> There's several options that can be done, but the court does need to be notified of any type of arrest of any kind.
>> Okay. And then once the court is notified, who makes the determination um to file a motion to revoke probation?
The court ultimately approves the administrative hearing that is then sent to the district attorney's office and they file that motion to revoke.
>> Okay. And did you all have an administrating hearing on this um particular issue?
>> I believe it was just me and my supervisor. We completed it without the defendant present.
>> Okay. So, Miss Graham was not present at that time.
>> Yes, ma'am.
>> Okay. Okay. And um besides this allegation, you stated that Miss Graham um had been compliant. Is that correct?
>> Yes, ma'am. That's correct.
>> Okay. Thank you. Uh, no further questions. Sean, >> I have nothing further for Mr. Hill, your honor.
>> Thank you, Mr. Hill. You're excused.
May I call your next witness?
>> The state calls Britney Morgan.
do the paperwork on that. But if you like >> Good morning. Please raise your right hand. Do you swear affirm the testimony you're going to give in this hearing will be the truth, the whole truth, and nothing but the truth?
>> Yes. Thank you, ma'am. You can come sit go right around and sit in that chair right there.
And if you'll just do the best you can, speak loudly and clearly into that microphone so we can all hear you. And if it's a yes or no question, be sure to say yes or no. Um, and not just a head nod or an uh so the court reporter can take everything down.
>> Okay. Thank you, ma'am. You may proceed.
>> Thank you, judge. Would you please state your full name for the court reporter and spell your first name? We actually have a Britney in the courtroom today with an IE. Want to make sure we give you Britney correct spelling for your name.
>> Britney Janelle Morgan. B R I T T A N Y.
>> All right. And how are you employed in Small Gates?
>> Uh Groves Auto Body.
>> How long have you been working for the Groves Auto Body >> for four years?
>> And um that's located at 3301 West Parkway in Groves, Texas.
>> Yes.
>> Uh Jefferson County. That's also located in Jefferson County, Texas.
>> Yes. And uh obviously given the fact you've been employed there for four years, you were obviously employed there back on January the 2nd of 2025.
Correct.
>> Correct.
>> Okay. And uh you went to work that day.
>> Mhm. Yes.
>> And then um left for the day.
You left went to work, left for the day.
Yes. Yes. And then when you came back the next day on January the 3rd of 2025, what if anything uh did you discover >> that my wallet was behind the phone at the front desk? So I opened it up and my >> Let me unpack that. I want to make sure the judge understands. Uh is there any reason why your wallet would be uh at that front desk? Do you work at the front desk or is that is there somewhere that you or ordinarily would put your wallet?
>> No, it's not. Okay. Uh, in fact, the last time you recall, where would your wallet have been?
>> In my purse. Next to my desk.
>> Okay. And your desk is not necessarily in that area where the front desk was where you discovered the >> No, it's not.
>> Or the wallet?
>> No.
>> All right. Not at the front desk.
>> Can this be clear because I've been using these terms interchangeably when you you and I have talked. We're talking about the wallet that was in your purse, right?
The my wallet was in my purse when I got to work that on the second.
>> Second. And then on the third, it was discovered at the front desk behind the phone.
>> Yes.
>> Okay. And when did you look inside of that wallet to see what if anything had been taken?
>> I did.
>> What was taken?
>> My debit card >> and a credit card.
>> Okay. Let's start with the debit card. U was that a nature's federal credit union card?
>> Yes. a device that that authorized you as the card holder to either obtain property or services by by debit.
>> Yes.
>> And and by doing so, you are authorized to use the account linked to the nature's Federal Credit Union and the Nature's Federal Credit Union being a financial institution. Correct.
>> Yes.
>> Okay. Uh and what did you do next when you found out it was miss? I looked at my um on my phone to pull up my bank account and I noticed there were charges that I did not spend. So, I immediately left work and went to the bank and had them cancel my card.
>> Okay, let's talk about those charges. Uh was one of those charges for a or at a Murphy USA located in Port Arthur, Texas?
>> Yes.
>> That's a gas station, right?
>> Yes.
>> Okay. And that particular Murphy, uh, did you make a purchase at that gas station on January the 2nd of 2025?
>> No, I did not.
>> And that when you pulled up that statement or that those transactions, did it show when the purchase was made and when it was ultimately authorized?
>> Yes.
>> When was it made?
>> The second.
>> And when was it automat ultimately processed or authorized?
>> Yes.
>> On the third.
>> On the third. Okay. Made on the second, but all it was was processed on the chamber of the third.
>> Yes. According to my bank.
>> Okay. Uh and that particular Murphy USA gas station, it's located on uh Twin City Highway, right?
>> Correct. That's right.
>> Uh about is it fair to say what less than two three miles away from the shop?
>> Yes.
>> Okay. And what if any other p what was another purchase that was uh on that card?
>> Sirius XM.
>> Now, do you have a Sirius XM account?
>> I do not.
>> Okay. And that was also made on January the 2nd and later authorized on the next day, January the 3rd of 2025. Correct.
>> Yes.
>> Okay. Now, uh you didn't make the Mercury gas station purchase. You didn't make the Sirius XM purchase. Uh, was there any other attempted uh charges to that card on or about January the 2nd?
>> The smoke shop.
>> The That would be the smoke corner located at 4101 Main Street in G, Texas.
>> Yes.
>> Uh, both the smoke corner and the Gulfway or gas station, are they both located in Jefferson County, Texas?
>> Yes. And that smoke corner uh is it also about a mile less than a mile away from the Gro's auto body shop?
>> Yes. Okay.
>> Uh >> may I?
>> Yes sir.
>> Uh I am going to show you what I am marking as states exhibit number one.
I ask you to take a look at it >> and tell me if you recognize it, please.
>> Yes, I do.
>> What do you recognize it to be? my bank statement.
>> The statement that you pulled up when you noticed that your nature's Federal Credit Union guard was missing, right?
>> Yes.
>> And it does it reflect the charges that you just testified about?
>> Yes.
>> Does it appear to be altered uh or or have been changed in any way?
>> No.
>> All right. Is this what you screenshot and and gave to the police?
>> Yes.
>> Okay. Uh you're on this time state one for the record of tenure council and it's also been provided in discovery. Uh >> no objection. States one's admitted.
Now the um Grove's auto body shop is it equipped with uh video surveillance equipment?
>> Yes, it is.
>> And that video surveillance equipment, are you familiar with it?
>> Yes.
>> Uh and is it capable of making an accurate recording?
Yes, it's capable of making accurate recordings.
>> And as far as you know, was it properly operating that on January the 2nd of 2025?
>> Yes.
>> Uh, may I approach the Woods Judge?
>> Yes, sir.
>> I'm showing you what I will eventually market as states exemption number two.
But before I mark it, I'm going to ask you for the record, for purpose of the record, what are we looking at? What kind of device are we looking at?
>> The USB.
>> And do you recognize this USB drive?
>> Yes. How do you recognize it?
>> I dated it and signed it and initial this morning.
>> Okay. Uh and the uh you reviewed it this morning as well, right?
>> Yes.
>> Uh any reason to believe that this uh USB drive, the one you reviewed this morning, uh has been uh altered or manipulated, changed in any way?
>> No.
>> Fair and accurate copy.
>> Yes.
>> Of the uh surveillance video from January 2nd of uh 2025.
Fair copy from January 2nd.
>> Yes. Okay. At this time, state offer states to uh I'll turn it to defense council, but it's also been provided in discovery.
>> Yeah, if I could briefly take the witness on board.
>> Sure.
>> Good morning.
>> Morning.
>> Hi, Miss Mar. Just a few questions in regards to the camera system at Grove's Auto Body. Um, are you the custodian of records over there? Do you handle um video um footage, any of that?
>> I don't handle it. I've been asked to pull up like to be able to log in so someone else can do it.
>> Okay.
>> But I don't I'm familiar with the system. Yes.
>> Okay.
>> We use advanced alarm systems.
>> Okay.
>> And they come out whenever we need and pulled stuff up for us.
>> Okay. And so, uh, when it comes to I I noticed that you you stated that you initialed it this morning. Um, are you the person who, um, copied the video at the time and provided it to the officer or was that someone else?
>> No, I did not.
>> Okay. So, you would be able to testify as to the authenticity of this because you're not the person who um, actually copied the video and um, reviewed it and provided to law enforcement. Is that correct?
>> I did not copy the video that's on there. No.
>> Okay. Um your honor, I have an object that um it states exhibit 2 has not been properly authenticated as um Miss Morgan is not the custodian of records and so um the defense would object to the video.
>> I'll be the proper credit.
Um, I think the testimony, if I'm correct, was that she saw the video there and then saw that one and that they were see the same and had not been altered. Correct.
>> And yes, you are. And to be clear, I mean, I don't know what this witness's definition custodian record. I know we're throwing that term around, but obviously as an employee there, she's a custodian of record.
>> Um, that objections over world states two is admitted. Okay. Mission.
>> Yes, sir.
There's a screen behind you there, Miss Morgan. If it's more helpful for you to refer to that uh from time to time, I'll I'll be pausing it and asking you questions.
Um, first of all, escape. Orient the judge.
Tell the judge what are we looking at here.
>> Um, so right over here on the left side, that's the front desk. Um, that is the first desk. Um, the next one over in front of the copier, that's my desk. And that is my coworker, Lupe.
>> Okay. And who's standing who's standing at the front counter? Miss Bonita Graham. She was picking her car up that day.
>> Uh, and for the record, um, do you see any the individual here in the courtroom here today that you know is Bonita Graham?
>> Yes.
>> Would you please point to her and identify her by an article of clothing that she's wearing?
>> Right there.
>> What What kind of clothing?
>> She's wearing a pink shirt right now.
And then >> Okay, no problem. Not as direct, but we just identify the defendant. record. So we >> I mean you you you interacted with her or saw her on more than one occasion there at the body shop. Correct.
>> Correct.
>> I mean why was that? Just to give you just some background information.
>> Uh well I also I don't work the front desk at this time. I didn't but I would help if there was no one at the front desk and my desk is up there and so I'm up there all day um when customers come in to drop off or come in to pick up.
And you guys had to worked out some type of a payment plan for her, right?
>> Yes. Correct.
>> To to to do what?
>> To pay her deductible.
>> All right. Because she didn't have the money up front, right?
>> She had some upfront and then there was a payment arrangement made with the owner, George Gold, that um she could pay it 30 days after the day of pickup.
>> Is that That's not something that he had to do. It was something that he chose to do. Correct.
>> Correct.
Just for the record, I'm going to fast forward to about 1 minute and 27 seconds.
Actually, I'm going to go back about one minute.
>> Who's that? Just walk to the screen.
>> That's me.
>> Okay.
We are for the record now at about 2 minutes and 22 seconds.
>> Is that Bonita Graham there?
>> Yes.
>> What just happened there?
>> She walked from the front desk over to the copier by my desk. Okay.
Is that where your purse was located that day?
>> Yes. Uh, >> is there any reason, at least from a transactional standpoint, as far as while she was there that day, for her to have gone over to your desk or behind your desk?
>> No, not at all.
>> Now, I've watched it a couple times. You watch it a couple times. Uh, it's maybe kind of hard for the judge to see and I'll have to run it back. In fact, I think I will just let her watch that.
But what did it appear to you just happened?
>> That she stuck something in her sweater.
>> Okay. In fact, I'll just without pausing, I I'll write it back and let the judge see for yourself.
Now, a mere matter of seconds, you walked back into your workspace, right?
>> Yes. I mean, is it fair to say that had you showed back up four or five seconds earlier, >> Yes.
>> you would have confronted her?
>> Yes.
Is it fair to say about 3 minutes and 27 seconds she's back at that front counter?
>> Yes.
In about 3 minutes and 54 seconds, your coworker walks away and you're still sitting there at your desk. Correct.
>> Correct.
All right, let me pause for a second. What color was your wallet or is or was your wallet that day?
>> Purple. Purple.
Now, we're about 4 minutes and 47 seconds into the video. It's a little hard to see, but what uh if anything appears to be in her hand?
>> My purple wallet.
We're at about 5 minutes and 20 seconds into the video. What does it appear is is happening or what does it appear that she's doing?
>> Putting my wallet on the front desk.
>> And is that the same location uh that you found your wallet in the next day?
>> Yes. Okay.
Um, and that's the end of that video. Just so the court knows, there's another angle of that video on this particular USB drive. She'd like to see it, but it's just a different angle from the side. All right. But it shows essentially the same thing that we just witnessed here on the first clip for the record ending in 942. All right.
>> Yes.
>> Okay.
[clears throat] >> Now, there's been some locations testimony about locations in this case.
Um particularly where the shop is located there on um West Parkway Street there in Groves where the gas station the Murphy gas station is located on Twin City Highway and then where um the smoke corner is located on Main Street or Main Avenue in Groves. Is it fair to say that all of those locations are about within a 3m radius of each other?
>> Yes. Uh now you didn't testify to this.
There was testimony from the probation department that uh this defendant's home address was at 4440 Gulfway, Port Arthur uh in Port Arthur, Texas. That if I represent to you that that is also within the 3m radius of the uh auto body shop, would you dispute that or disagree with that?
>> No.
>> In fact, uh may I approach the witness church?
>> You may. uh you and I we we worked on a uh a map that we thought may assist the judge in understanding uh the testimony.
Uh and for the record marking this as states three u is it fair to say this is a Google map?
>> Yes.
>> A Google map of the Port Arthur area?
>> Yes.
>> Port Arthur Road is right. Uh any reason to doubt that this is in fact you're familiar with these locations? the Murphy gas station and uh the u obviously the um your Grog's auto body shop and yes these streets these landmarks you're familiar with this?
>> Yeah.
>> Any reason to doubt that it's fair and accurate?
>> No, not at all.
>> Would it help this judge understand uh your testimony and the evidence in this case if we're able to utilize this map?
>> Yes.
>> Okay. U this time stay offer states three. I'll tender to defense for our exception.
>> Yeah. Yes ma'am.
This is one. Number one is the shop.
Number two is the Murphy USA. Number three is her the defendant home address.
Number four is the smoke corner.
Um it's as if um the state is using it for demonstrative. It doesn't necessarily have the exact address. It's listed but um I'm trust that it's the trust that I'm trust that is the I just it's just not on that one. So no objection. It's fine.
>> All right. Stage three is admitted.
>> Sure.
Morgan, I've got I've got a number here.
Number one is the Groves Auto Body Shop.
And here is number one here.
And then number two is the Murphy USA um gas station.
Number three is the defendant's home address at 4440 Gulfway. And then number four up top here is the smoke corner. So we've got one, two, three, and four.
Again, all within about a two or three mile radius of the the uh Grove Auto Body Shop. Correct.
>> Yes. All right.
Now you mentioned another card that was taken. Uh what if anything else was taken?
>> Is a credit one credit card?
>> Were there any unauthorized charges on that credit one uh credit card?
>> There was not because I keep my credit cards turned off until I use them.
Now, just to be clear, some housekeeping questions here. You that the nature's Federal Credit Union card was not issued to this defendant, correct?
>> No, it wasn't.
>> It was issued to you as the card holder, correct?
>> Yes.
>> You didn't give the defendant consent to use the card, did you?
>> No. Um, what in your opinion, based on the evidence in this case, the video, uh, what in your opinion happened as it relates to the transactions on that Federal Nature's on that nature's federal credit union card >> that she took my card and used it?
>> And if she didn't use it, then what?
>> She could have given it to someone else >> and they ultimately used it. All right.
Either one of those two scenarios. Um, which would make her a party to it to the offense if she gave it to somebody else to use.
>> Yes.
>> I think we talked about the fact that you contacted the police. You also gave uh them a written statement, correct?
>> I did. Yes.
>> And the uh written statement that you gave them is it the same as your testimony here today?
>> Yes.
>> Pastor Mr. check >> real quick. The 500 the restitution >> Oh, yes.
>> It shows 500 and 7674 with a $500 deductible for >> a Could you explain that? That's what we were we were talking about payment plan, right?
>> Oh, the deductible.
>> Yeah. I'm sorry. I'll just not talk over each other because it's hard for her to take it down. My understanding is uh it was that's what she was paying out in the way of her deductible for her work on her vehicle, right?
>> So the insurance had paid for everything except $500 and the deductible is due at the time of pickup. Um [snorts] my the owner, Mr. George Gold, he allowed her to pay $250 and then come back and pay another 250.
So, did she actually she paid 250 that day that she picked it up? That I'm not sure of. Okay. Okay.
>> Thank you, Miss Holmes.
>> Okay. This Morgan, um, do you had a chance to review the full video prior to court to the >> I seen it whenever it was first, um, given to the police.
>> Okay. Okay. So, if you recall, and we, if we may need to play it back, um, if you recall, um, when Miss Graham is initially at the front, she actually hands cash to the lady who was taking payment. Do you recall seeing that in the video?
I don't >> Okay. Well, if I represent to you that it is stated on video that Miss Graham did pay cash um in regards to I don't not sure if the payment arrangement, but she did uh submit cash to uh gross auto body. Would you have any reason to dispute that if it's on the video?
>> No. Okay. Now, um I guess let me go back cuz I want to understand it myself.
Okay. Um because there is it looks like um it's it's saying a total of loss of $576.
Um since you can't attest to how much she paid that day. Um so you are not fully aware if she actually had paid that that u full 500 on that day. Correct.
I don't know what she paid that day, but I do know that um I still worked there and it still shows that she still owes 250. It's on her folder. Okay. So, okay.
So, even Okay. So, let me take that logic with you. So, if it's showing that she still owes 250, then that means that she would have had to have paid 250 at least $250 already to you all. Correct.
>> Correct. I just didn't take the payment.
So, I'm not >> Gotcha. Okay. Okay. And um when Miss Grandma came to make that payment, did you all keep the vehicle or did she take the vehicle?
>> No, she got her vehicle.
>> Okay. So, um she came to pick up the vehicle. She um put a down payment and then the arrangement the payment arrangement was to her to come back at a later date to pay the remaining balance.
Yes. Is that correct? Okay. Okay. But she was allowed to take her vehicle that day. Yes. Correct. Okay. Do you recall what type of vehicle she drove?
>> I do not. I was not the estimator that was on her um insurance claim.
>> Okay. Okay. Understood. Okay. The reason I wanted to ask you that is because obviously if it's, you know, newer models or older models, some vehicles u because it appears that one of the transactions was for Sirius XM. Yes.
Radio. And so obviously some vehicles don't even have that capability to have serious um XM radio. Um and so that's why I was curious as to if you were aware the how old her vehicle is >> that I'm not I don't know.
>> Okay. Now [snorts] um on that particular day, so that was January 2nd, correct?
>> Correct.
>> 2025. Um and u do you recall about what time frame that Miss Graham was at the u auto body shop? believe it was around 3 >> 3 p.m.
>> It was in the afternoon.
>> Okay. And what time do you all close?
>> At 5.
>> Okay. Okay. Had there been any other customers coming in and around uh that time or that day?
>> No.
>> Okay. About how many customers did would you say you all saw that day? Was it many?
>> I don't remember that.
>> Okay. Okay. Okay. Now, um you stated that it appears that it that Mr. Graham uh went um to the area where your purse was. You now your purse was near we can't exactly see it on video exactly um where your purse is, but um your testimony was that it was near I guess the back was at a back wall.
>> The back wall. Yes. I have a black file cabinet and I said it next to the file cabinet.
>> Okay. Okay. And um in in your opinion um you believe that she um took um the nature's credit card. Correct. Correct.
>> Okay. And um there were two purchases um on the January 2nd. Correct.
>> Correct.
>> Okay.
Now, would you agree that you don't know 100% obviously cuz um there is no um I guess physical evidence of who used your card. We can make you can guess or you can uh make an assumption, but do you know for sure that Miss Bonita Graham used your card?
>> I do not.
>> Okay. Um did the police or are you aware cuz if one of these purchases was at a gas station, do you um know if they went and took that extra mile to confirm if she did use a card, if there were any cameras at this gas station? I do not know if there's cameras at the gas station.
>> Okay. Okay. Did the um officers or the police department, any of them ever follow up with you in regards to that to kind of to make sure that this is the correct person or or if she's affiliated with possibly anybody who may who had used your card at this gas station. I wrote uh when they came to talk to me at the Grove Auto Body, I wrote the statement >> and they had called and asked um if we had the video footage, >> right?
>> Um we found it. So, Mr. George put it onto the USB. We drove it to the police station.
>> Yes, they >> and um >> they said they would get they said they would let me know of updates.
>> Okay. whenever they received a need.
>> Yes, ma'am. Okay. So, you all were able to give them the video at your auto body, but you're not aware if they were able or did any additional investigation to obtain any video at this um gas station, this gas station.
>> Okay.
>> Okay. Because obviously you do want the the person who who did use your your card um to be held accountable. Correct.
>> Correct.
>> Okay. We just need to make sure it's the the right person on um this particular day. Um did you um I do see that there was a bill paid. So is that an automatic payment gone that day?
>> No, that is something on the san I pay that like I go on my phone and pay that. Um and it usually takes three business days to process.
>> Okay. Okay. So, you had maybe paid that um maybe on the 1st or prior to January 2nd.
>> Prior to that. Yes.
>> Okay. And it posted January 3rd.
>> Yes.
>> Is that correct? Okay. Okay.
And is that in addition? It looks like it appears now.
Did you go to Walgreens on January 2nd?
Not on January 2nd.
>> Okay. What day did you go to Walgreens?
>> On the 1st.
>> Okay.
>> It was before then because Walgreens is one that it doesn't post immediately.
>> Mhm.
>> Okay. So, let me ask you this. If you can recall, where all did you go on the first?
>> Just to work and then I had to stop by Walgreens on the way home for my fiance's medication.
>> Okay. And you didn't make any other stops on January 1st?
>> Not to my knowledge.
>> Okay. Is it possible that you could have made some other stops and you don't remember?
>> I do remember that I needed gas the next day and my car only takes $27 to fill up.
>> Okay.
>> And I didn't get gas on the second. I was like, "Oh, I'll just go the next day."
>> Okay.
>> And I didn't go the next day.
>> Okay.
because of the >> Okay.
>> And you typically get gas near the area of where you work or where you live.
>> Either Murphy's or like the one in Twin City or the one in Orange depending on if I'm coming from home or if I'm, you know, going and how how much gas I have in my car.
>> Okay. And the Murphy's on Twin City. Um, was that is that considered the Port Arthur area or >> Port Arthur and Grows right there? Okay.
>> Next to the castle lay in front of the Walmart.
>> Okay. Okay. Is >> Thank Okay. So, would this be the same Murphy's that the court was used at or are there How many Murphy's are on Twin City Highway?
>> Just that one, I believe. Yeah.
>> Okay. Okay. So this Murphy's is one. So you're you're familiar with this Murphy's on Twin City. That that's one that you frequent to get gas, correct?
>> Yes. Sometimes.
>> Okay. And you said it that you were to get gas, but you don't recall getting gas. Um >> I did not get gas on the second, >> right? And not prior to the second.
>> No, not prior to the second because I needed to get gas, but I had enough to get back to orange. So, I didn't stop for any reason. Like, I didn't stop on my way home at all.
>> Okay. Okay. And when was the when would you say was the last time that you you got gas at Murphy's prior to the second?
>> Probably four or five days.
>> Okay. Okay. And did you fill up your tank?
>> Yeah, I fill up my tank. It usually lasts about a week.
>> Okay. Okay. And do when you go to Murphy's um just making sure when you go to Murphy's, do you make any other purchase? Like do you go inside? Do you get breakfast? You know, sometimes people get additional items.
>> No, I always pay for my gas separate >> at the pump. Yeah.
>> Okay. Now, when you pay when you pay gas, do you pay by debit or credit?
>> My debit.
>> Okay. So, uh, when you pay for your gas, does it immediately come out of your account or does it take a few days?
>> Usually, it'll say pending and then transactions usually post the next day.
>> Okay. Okay.
Okay. Since you frequent this Murphy's, well, you may not know if you frequent had you after this noticing that your court was used at Murphy's, did you go to Murphy's to inquire about um any transactions that might have been made on the second or after?
>> No, I didn't.
>> Okay.
[snorts] Now, this um I I don't believe it's alleged. It's not anywhere in your statement um or on the offense reports, but this that smoke corner where it says a pre-authorization, I'm assuming that um did not go through, correct? You had canceled your card.
>> Correct.
>> Okay.
And it looks like whatever that one is, that would have been a three-day hold.
it it appears on your on the bank state.
Did you recall that?
>> I've seen it this morning and then when I sent it to the police, but yeah, usually typically when I use my debit card, it will say pending for 24 hours >> and then it usually will come out the next day.
>> Okay.
>> All right. I appreciate you, Miss Morgan. Thank you. I'll pass the >> Thank you, Miss Holmes.
>> No further question.
>> All right. Thank you, ma'am. Thank you.
You can sit down.
>> Okay. Sweet. uh has no further way.
>> In this explosive courtroom showdown, a judge completely loses patience after catching a defendant lying under oath about a theft that was clearly captured on surveillance video. The judge explains that the evidence leaves no room for doubt, showing the defendant taking a purple wallet and then repeatedly changing her story when questioned. Frustrated, the judge tells her that had she simply admitted her mistake from the beginning, he would have seriously considered a lesser punishment and allowing her to remain on probation. Instead, he says she continued lying even after being given multiple opportunities to tell the truth. Pointing to the video evidence, the judge bluntly states, "The purple wallet's in your hand." before concluding that she has left the court with no choice. Despite saying, "I hate what you're making me do today," the judge ultimately revokes her probation and sentences her to 12 months in state jail, turning what could have been a second chance into a devastating prison sentence because of dishonesty and refusal to accept responsibility.
Do you think telling the truth from the start would have changed the outcome of this case? Like and subscribe for more real courtroom moments.
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