T-Shirt Vendor Takes Alford Plea - Judge McBurney

Added: 2026-05-13

[00:00:00]Yes. All right, stop drinking water and make sure you answer out loud without your mouth full of water, okay?

[00:00:09]>> So, this hearing involves an Alford plea, which means the defendant is accepting the legal outcome without fully agreeing to the facts as alleged.

[00:00:18]Court walks through that carefully, but along the way we also get one of the most unexpected details that makes the hearing stick in your mind. So, watch for that and watch how everything plays out. My name is Dan. This is The Courtroom Files.

[00:00:30]We're getting on the record with position 24 on the trial calendar. It's 25S C006 737, State versus Mack. Mr. Mack is here in court with his lawyer, Ms. Rios. Ms. Willingham represents the state. And Mr. Mack, it's my understanding that you are ready to move forward with a plea to a misdemeanor. Is that right? It may be more than one misdemeanor, but it's misdemeanor pleas, not felony pleas. Is that right?

[00:00:57]>> A felony plea, yes. Oh, it is a felony plea. Oh, I take it all back. Never mind. I misheard. You're ready to enter a plea in your case, is that right?

[00:01:07]You need to answer out loud every question that's asked. Yes?

[00:01:11]Yes, sir. Okay, great.

[00:01:13]Um, then we're going to go forward with that. Ms. Rios is going to put you under oath in just a moment.

[00:01:19]Um, once you are Not Ms. Rios, Ms. Willingham is going to put you under oath. Um, once you're under oath, um, it's important that you answer all of Ms. Willingham's questions truthfully and completely. It's also important that you let me know if you have any questions. Will you do that? Yes, sir.

[00:01:35]Okay. Ms. Willingham? Please raise your right hand.

[00:01:38]Do you swear or affirm that the testimony you shall give in the matter currently before this court shall be the truth, the whole truth, and nothing but the truth? Mhm. You can put your hand down. Yes. All right, stop drinking water and make sure you answer out loud without your mouth full of water, okay?

[00:01:54]>> Yes, sir.

[00:01:56]Now, you can put your hand down.

[00:01:58]Please state your true, correct, and legal name. Michael Matt.

[00:02:02]Are you at this time taking or under the influence of any alcohol, drugs, or medicine? No, ma'am.

[00:02:08]How old are you and how far have you gone in school? 26, 11th grade. Are you able to read, write, and understand the English language? Yeah, ma'am.

[00:02:19]Do you understand that you have the right to plead either guilty or not guilty to these charges, and if you plead not guilty or remain silent, you may receive a jury trial? Yeah, ma'am.

[00:02:30]Have you had enough time to speak with your lawyer about all of the facts and circumstances known to you regarding the charges in this indictment, including any potential defenses? Yeah, ma'am. Do you need any more time to discuss this case with your attorney? No, ma'am. Are you satisfied with her services? Yeah, ma'am.

[00:02:46]Counsel, are you satisfied your client has a full understanding of this proceeding? Yes. Have you reviewed the indictment in this case? Yes. Do you waive formal reading reading of the indictment? Yes.

[00:02:58]Has your client been arrested on these charges? Yes. The state is unaware of any outstanding warrants related to these charges. Do you or your or your client know of any outstanding warrants related to these charges? No.

[00:03:11]Mr. Matt, do you understand you are entering a guilty plea to the following offense.

[00:03:16]As to counts one and two, those counts will be nolle prossed. As to count three, battery family violence subsequent, there's a minimum of one year and a maximum of five, and you would be entering a plea of guilty to that count only. The state would be recommending three year I'm sorry, this is a negotiated plea for three years probation. You would be required to have no violent contact with the victim, complete Families First, complete family violence intervention program, complete 60 hours of community service, have no weapons, seek and maintain gainful employment, and it is my understanding that you will also be asking for a one-year bid date that the state would have no objection to. Is that what was explained to you?

[00:03:58]I accept this early termination I'm sorry.

[00:04:02]>> Yeah.

[00:04:02]Okay. And are you aware the court does not have to accept that recommendation and the court can sentence you to the maximum sentence which is that 5 years and can run that and can run the sentence consecutively or one after the other in this case it would just be that one count.

[00:04:19]Yes, ma'am.

[00:04:22]You understand that if you do not accept the court's sentence, you may not withdraw your plea today.

[00:04:29]Yes, ma'am.

[00:04:38]Do you understand that if you are placed on probation of any kind, you cannot violate any criminal laws of any governmental unit or any special conditions of probation without being subject to revocation for the balance of this sentence.

[00:04:51]Yes, ma'am.

[00:04:52]Do you understand that this is a guilty plea which is permanently recorded on your criminal history?

[00:04:57]Yes, ma'am. Do you understand that this plea may be used to enhance sentencing on other convictions in this jurisdiction as well as in other jurisdictions including in the federal courts?

[00:05:08]Yes, ma'am. Are you on probation or parole for anything anywhere? No, ma'am.

[00:05:13]Are you a United States citizen? Yes, ma'am.

[00:05:18]Do you understand that there may be other adverse or unfavorable consequences as a result of this guilty plea conviction just as there would be from a conviction following a trial. For example, your guilty plea may affect the right to vote, the right to hold public office, the right to serve on a jury, the right to obtain a passport, the right to receive, possess, or transport a firearm, or the ability to obtain employment. Yes, ma'am.

[00:05:44]Do you understand that by pleading guilty to a felony, if you use, receive, possess, or transport a firearm, or use a firearm in a crime, you will be guilty of a felony, which may carry a sentence of 1 to 15 years in prison.

[00:05:57]Yeah, ma'am. Do you understand that you are not allowed to possess or use a firearm while on probation, even if sentenced pursuant to the First Offender Act?

[00:06:06]Yeah, ma'am.

[00:06:09]Do you further understand because this is a family violence conviction, you are not allowed to possess a firearm, or you could be charged on the federal level?

[00:06:17]Yeah, ma'am.

[00:06:20]Are you asking to be treated as a first offender under the provisions of the First Offender Act?

[00:06:25]Yeah, ma'am.

[00:06:27]Have you ever played guilty or nolo, or ever been convicted of a felony in the state of Georgia or any other jurisdiction? No, ma'am.

[00:06:36]Have you ever been sentenced for any crime, felony, or misdemeanor under the First Offender Act? No, ma'am.

[00:06:42]Has your lawyer explained the First Offender Act to you? Yeah, ma'am.

[00:06:46]Do you understand that if you violate the terms of your First Offender sentence, or commit a new offense while on First Offender probation, your First Offender status could be revoked, you could be adjudicated guilty, and you could be resentenced up to the maximum sentence for each charge in this indictment?

[00:07:03]Yeah, ma'am.

[00:07:05]Do you understand that you waive any and all defenses, including any mental health defenses, by entering a plea of guilty?

[00:07:11]Yeah, ma'am.

[00:07:12]Do you understand that by pleading guilty, you are giving up the following rights? The right to a trial by jury, the right to remain silent and not incriminate yourself, the right to confront witnesses against you, the right to the assistance of counsel hired by you, or to court-appointed counsel if you cannot afford an attorney at a trial of your case, the right to the presumption of innocence, the right to testify on your own behalf and to present other evidence, the right to subpoena witnesses and compel the production of evidence, the right to have the charges against you proved beyond a reasonable doubt, and the right to appeal if convicted of these charges after a trial.

[00:07:52]Yeah, ma'am.

[00:07:54]Has anyone forced, threatened, or promised you anything to get you to enter a guilty plea? No, ma'am.

[00:08:00]Is it your decision to waive these rights and enter a plea because you are in fact guilty?

[00:08:05]On the Alfred guilty, on the Alfred. Are you pleading guilty because you have decided that it is your It is in your best interest to do so. Yeah, ma'am. Are you aware that even if you do not admit guilt, this is a plea of guilty and places you in the same position as if you were convicted by a jury at a trial?

[00:08:22]Yeah, ma'am.

[00:08:23]How do you plead to the charge of battery family violence subsequent conviction in indictment 25 SC 006737?

[00:08:32]Guilty on the Alfred.

[00:08:34]Is this guilty plea freely and voluntarily given with full knowledge of the charges against you?

[00:08:39]Yeah, ma'am.

[00:08:40]You do not have a right to appeal directly from your guilty plea, but if you if you believe there is some error in your guilty plea, you can apply to the appropriate appellate court to request a discretionary appeal. The discretionary appeal procedure is outlined in OCGA section 5-6-35 and must be completed within 30 days of today.

[00:09:04]Do you understand that you have only 4 years from today for a felony charge to file a habeas corpus petition challenging the voluntariness of of this guilty plea?

[00:09:13]Yeah, ma'am.

[00:09:23]Your honor, if this case were to proceed to trial, the state would expect to show that on October 8th, 2024 around 5:30 p.m., Officer Sharp Sharp responded to 49 496 Boulevard in response to a dispute with a weapon here in Fulton County. Upon arrival, officers met with the victim, Ms. Michaela, m e k a y l a Pitts, who stated that around 5:00 p.m.

[00:09:49]her boyfriend instigated an argument with her inside unit 506 after she returned home from getting her car fixed. Ms. Pitts stated that her boyfriend and the father of her children, Michael Mack, aggressively got in her face, so she pushed him. After Ms. Pitts pushed Mr. Mack, the two fight and tussle. Mr. Mack punched Ms. Pitts and pulled off her wig.

[00:10:11]At some point, Mr. Mack hit Ms. Pitts in the crown of her head with a black handgun. Mr. Mack proceeded to leave the apartment and leave the location. Ms. Pitts had a busted lip, a swollen knot on her forehead, and a small laceration on her hairline. She stated that this is not the first time Mr. Mack had been violent towards her, and the parties share two children together ages five and two, who were both on the scene at the time of the incident. Ms. Pitts chose not to go to Grady at that time.

[00:10:43]Your Honor, I've spoken with Ms. Pitts and that is in part why the state has chosen not to proceed forward as to counts one and two. Um although Ms. Pitts is comfortable moving forward to some extent, it is for the purpose she we do have the family's first program, and that is something that she believes the parties would be benefited by. Um however, she's not too thrilled to have to proceed forward in a trial as this incident did happen some time ago, and she stated that they are um doing better, and that there have not been incidents that they are able to have a healthy co-parenting situation for the most part. Um and with that, I don't know that her testimony now would be super beneficial as to the counts one and two with the firearm.

[00:11:38]Because I'm not quite sure how Ms. Pitts will testify as to those counts. Um, she does not deny that an incident occurred and that the defendant put his hands on her.

[00:11:50]Um, not quite sure she would support that a firearm was used.

[00:11:54]>> Okay, she'd say I got beat up, but maybe not in the way it was described to the police. Correct.

[00:12:00]>> Back in October of 2023.

[00:12:01]>> reasons the state has chosen to nolle prosse counts one and two. Um, but do believe that even if we were even if we were to proceed to trial, we could still prove count three.

[00:12:12]Um, and for those reasons this is the offer the state has made. Okay.

[00:12:18]Thank you.

[00:12:21]Ms. Smith-Mann, do you have criminal history information for Mr. Mack?

[00:12:27]Yes, your honor, I do. Mr. Mack is a multi-state offender with four cycles in Georgia, not including the case that's before you today, your honor. One cycle in St. Louis and one cycle in Tennessee.

[00:12:40]For Georgia, we have a 2 2020 driving without a valid license, a guilty verdict to a local ordinance.

[00:12:51]There is a 2 2020 battery family violence first offender.

[00:12:58]There was a probation for 24 months on that case.

[00:13:02]There is a 10 23 failure to distribute or possession of dangerous drugs. That was a guilty verdict in 6 2024.

[00:13:15]The St. Louis case is 7 23 for stealing is still an open case according to GCIC. Nothing further, your honor. Thank you so much.

[00:13:30]Ms. Rios, hold on. Before we get to Ms. Rios, did you have something else, Ms. Willingham?

[00:13:34]>> Judge, I did review the defendant's criminal history, and we have the battery family violence, but we have it as a misdemeanor with no first offender used.

[00:13:46]So, that is why and I do know that that will change whether or that was the integral part of our negotiations was that first offender. He said Okay. he said he never used his first offender.

[00:13:57]>> didn't. No No one said you did. Okay.

[00:14:00]Helpful to know.

[00:14:02]All right.

[00:14:03]Uh yes, your honor. Mr. Mack is 26 years old. He currently works selling t-shirts. He's employed by a middle person who works for a company, and he basically outsources this to Mr. Mack, and he sells t-shirts at different stadiums and arenas. Um he has four children ages seven, two 3-year-olds, and a 2-year-old. Um he currently lives with his mother, and he does share custody and gets the kids frequently. He I've spoken to the victim in the case, and she said they have a good relationship. She has no concerns. She gave me a different story than she gave the state that she was angry because there was some cheating going involved, and that's why she called the police, but she said the most part they have a good relationship, and she just wants him to be out to to support her kids.

[00:14:48]He's taking out of Alfred because he's saying this should did not happen. I will say even on the video camera, she just say that she started the physical altercation. Um and so So, he's not saying there wasn't a physical altercation. I mean, it the officer said, "We looked at her face, and she has a busted lip and a knot on her forehead." So, hopefully he's not saying nothing happened. It just may be, um "Hey, she jumped on me, and and so we got into a fracas, and she got hurt, I got hurt." I mean, and she's claiming that she got most of the injuries because when she was running after him, she fell. So, I don't know what would happen exactly. I guess we'll probably never know, but >> not. Um he is taking it under Alfred because he doesn't believe that it happened as the way that it's been um was written in the police report. Okay.

[00:15:37]>> Um and we're just asking that you go along with the plea as negotiated with a 1-year termination date if he gets all this um taken care of. He's very eager to do the courses and get this taken care of so he can put this behind him.

[00:15:51]Okay.

[00:15:52]Mr. Mack, you and Ms. Pitts are not together anymore.

[00:15:58]We not together, but we we good. Like Okay.

[00:16:04]>> Um I'm glad there are no problems.

[00:16:05]That's how it needs to be. Um you have two kids with Ms. Pitts? Yes, sir. So, so two of your kids um live with her, but visit you or they live with you and visit her?

[00:16:16]>> They live with her. Okay, but you get them sometimes.

[00:16:18]>> Yeah. All right. And then you have two other kids. Do they live with you or they live with their mom or >> With their mom. Mom. Okay, so just two moms total? Yeah. Okay. Um and you live with your mom. Yeah. Who else lives there? My brother. How old is he? Uh finna graduate, 17.

[00:16:37]Okay.

[00:16:38]Um So, you and Ms. Pitts are good, you talk, and it's not a problem when you come to get your kids or she drops them off, that goes smoothly. No, I go get my kids. You go get your kids. All right, and you are providing for them. I mean, if she needs diapers or something, you help out with that.

[00:16:54]>> Yeah. Okay.

[00:16:55]All right, do you have any questions about anything we discussed? No. How long have you sold t-shirts? For about 2 years now.

[00:17:03]Good money?

[00:17:04]Yeah.

[00:17:06]All right. Um nothing on the edges cuz you can't be selling t-shirts every day.

[00:17:10]You told me before like, "Hey, when there's like a football game, I'm out there selling the Falcons." And if they're playing the Saints, I'm selling no one likes the Saints shirts, but um games are once a week. What are you doing in between?

[00:17:22]>> No, like it be concerts, too. Like we go to concerts. We don't just go to like football games.

[00:17:27]>> Yeah. We do concerts, too.

[00:17:29]>> But there are enough events, whatever you're going to, concerts and and games and whatnot, there are enough events Like events, really events. Sell the events, you know.

[00:17:37]>> Yeah. But there are enough events that this is this is an you make enough money to take care of your kids. Yeah, to to supply my kid, to help out. Okay. All right. You take care of your mom, too?

[00:17:49]When I can, like >> Does she work? Yeah, she work. What does she do? Security. Okay.

[00:17:56]All right.

[00:17:57]Um well, Mr. Mack, uh I find that there's a factual basis for your plea. I understand you're saying it didn't go down the way Ms. Pitts told the police, but if she told a jury what she told the police and the officers came in and said, "Hey, when we responded, she had this lip that was they might not, but they could, and because they could, I'll accept your plea. I'm accepting it as an offered plea.

[00:18:23]I also find that your plea is knowing and voluntary. Voluntary means no one's forcing you to do this. You may not be real enthusiastic about it, but you've made your own decision to go forward. Is that correct?

[00:18:34]>> Yes, sir. And knowing means you've understood the things we talked about.

[00:18:37]You agree with that? Yes, sir. Okay. Um Ms. Rios, can someone in my office sign the indictment for you? Yes, your honor.

[00:18:43]Ms. Willingham? Yes, your honor. And Mr. Mack, can someone in my office sign your name indicating your offered plea to count three of the indictment. The other two counts are being dismissed.

[00:18:55]Yes, sir. All right.

[00:18:57]Um first-offender, you qualify for um it's mostly an opportunity if you are trying to go to school or get a different job, um it's a whole lot easier cuz you don't have to check that box that says, "Are you a convicted felon?" Or whether you check a box or not, if your employer is running your history, this doesn't show up as a conviction. That's the benefit. The risk of first offender is that if you and Ms. Pitts really aren't so good or something else is going on in your life and you get arrested again, in particular for putting your hands on someone, then we would have a hearing and I would have the ability to take away your first offender cuz you've already pled guilty, even though it's an Alford plea, it's a guilty plea, and I could re-sentence you without a trial. You get a hearing but no trial, all the way up to the 5 years that you could get for family violence battery.

[00:19:50]Now, if you're pretty sure you're not going to be getting in trouble, first offender's a great deal. But if you're not so sure how you regulate your emotions when things get tricky with the ladies in your life or whatever's going on, first offender might be a little bit of a problem. How do you feel about that? I feel good. You feel good. All right, so you want to be sentenced as a first offender? Yeah.

[00:20:12]Okay, I'll do that. I will sentence you to count three.

[00:20:18]I will sentence you to 3 years probation on count three with several special conditions. The most important one is no violent contact with Ms. Pitts.

[00:20:27]Number two, you need to complete the Families First program and you need to enroll in that within the first 4 months of probation.

[00:20:35]You also need to complete the family violence intervention program. It's a different program. It's a bunch of classes as well and you need to get started with that within the first 4 months also. You're shaking your head.

[00:20:47]Why are you shaking your head? So I did.

[00:20:49]Pardon me? What did you do? No class.

[00:20:51]Which class?

[00:20:52]I don't know. What's the name where he just You already did a family violence intervention? No, I'm not. No, I'm just saying that's what I did. Right, the family violence Which one have you already did? What he just said. It keep going though. Okay. So, I was explaining that within the first 4 months of your probation, you need to enroll in the family violence intervention program. If you've already done one of those and you can provide proof that you did it, um probation can consider that. Um but if you've not done one before, it's not just anger management, it's a whole lot more than that, um then you'll need to complete that program. You'll also need to complete 60 hours of community service and you need to do that within the first 6 months of your probation.

[00:21:33]And I will set a behavioral incentive date at November 8th of 2020 8. Um which no, 2020 7. Um so that's 18 months from now. Um if you have done everything that you need to do, um then your probation can end early.

[00:21:54]But if you haven't, then you've got 3 years to take care of the things you need to take care of. You just need to um get enrolled early on and those um community service hours need to be knocked out in the first 6 months.

[00:22:08]Ms. Rios, anything else on behalf of Mr. Mack? No, your honor.

[00:22:13]Ms. Willingham? No, your honor. Okay.

[00:22:14]Any questions, Mr. Mack?

[00:22:17]No. No? Okay. Um Ms. Simpson, what Do you live in Fulton County?

[00:22:23]No, I live in 3239 Columbia Road Drive, Decatur. Decatur. So you are going to be supervised out of DeKalb County. Ms. Simpson is going to give you reporting instructions.

[00:22:33]Um but she's going to meet with you She's going to get a little info from you. She'll give you a piece of paper.

[00:22:38]Don't miss your first date with probation cuz if you do, they just send me a warrant and you're off to a bad start. Mhm.

[00:22:47]Anything else? No.

[00:22:49]Ms. Rios? No, your honor. Thank you. All right. Ms. Willingham? No, your honor.

[00:22:53]Thank you.

[00:22:54]Decatur. I think we Okay, friends. I managed to pull an exclusive for all of you. While this was going on, I did a little research and I found his signature t-shirt design. So, I share it here with you right now. This is his best seller. Um and it's easy to see that he's going to be very, very, very successful as his t-shirt business continues to grow. So, just thought I would share that with you.

[00:23:23]So, that was one of those hearings where the legal part is serious, but then the detail comes out that you just don't expect.

[00:23:31]The offer plea matters for sure, but I'm not going to pretend that the t-shirt business didn't kind of steal part of the show and and bring a lighter-hearted moment. But, I'm curious what you think.

[00:23:40]So, let me know down in the comments before you go. And if you enjoyed this video, there's no sense in leaving at all. Check out one of the two that are on your screen right now. Thank you so much for watching.