"YOU ARE NOT ENTITLED TO A BOND!" — Judge DENIES Release for Protective Order Violator!

[00:00:00]2023 CR7277 State of Texas versus Christina Aleman.

[00:00:06]Uh this hearing was set at 9:00 a.m. is now 11:09 a.m. Christina Aleman did not appear.

[00:00:14]And has not appeared in the hallway, is that correct Deputy Laura?

[00:00:17]>> Yes your honor, I made an announcement in the hallway and she did not answer to somebody in the hallway.

[00:00:23]>> All right, state.

[00:00:24]>> State's requesting a bond reduction.

[00:00:26]>> All right, defense have you had any contact with your client?

[00:00:28]>> Not today. In the previous previously I have.

[00:00:32]This morning I called her number, it's disconnected. Uh she's on a PR bond. I called the PR bond people, got the number that they had for her. And that's the same number that I have that is disconnected.

[00:00:44]>> All right, state.

[00:00:45]>> Uh we're requesting a bench warrant judge or what are we doing?

[00:00:48]>> warrant.

[00:00:48]>> Judge's warrant, that's what I >> All right, no problem. All right, the court will issue a judge's warrant, remand your client without bond. If your client makes an appearance, the court will reconsider.

[00:00:57]>> Thank you your honor.

[00:00:58]>> Thank you. Uh state just one more.

[00:01:01]>> Okay.

[00:01:02]>> Let me see. Uh court is going to call 2023 CR6947 State of Texas versus Lee Galinda.

[00:01:12]Could I have parties announced for the record for the state?

[00:01:15]>> Jason Garrett.

[00:01:16]>> Defense?

[00:01:16]>> Jonathan Russell, defense Sean.

[00:01:18]>> This hearing was scheduled at 9:00 a.m.

[00:01:20]It is now 11:10 a.m.

[00:01:23]Counsel, your client has not made a appearance.

[00:01:26]>> Oh no, no, he's present in the court your honor.

[00:01:27]>> Oh, where is he?

[00:01:29]Why is he not speaking up?

[00:01:32]>> Yeah.

[00:01:32]Judge, we're going to replace Daniel Estrada with police state.

[00:01:35]>> All right.

[00:01:36]All right, we can go off record. Why were you late?

[00:01:40]>> Uh I was here.

[00:01:42]>> Okay, let me see what's going on.

[00:01:48]Oh, you were. My apologies.

[00:01:51]All right, so what is happening with this case?

[00:01:53]>> Judge, we're going to reach out to the complainants number were complainants listed in the police report that we haven't gotten in contact with yet, but I just sent out an email to my victim advocate to start reaching out to them.

[00:02:04]>> All right. Uh Ms. Ferguson, can I have a 30-day reset? It's just a regular reset.

[00:02:09]We'll be back on October 30th.

[00:02:12]>> Thank you, ma'am.

[00:02:12]>> Thank you. Thank you for dressing appropriately for court. Ms. Ferguson, we'll give you a reset form, then you're excused.

[00:02:17]>> Thank you. Thank >> You're welcome.

[00:02:20]Are you all ready to proceed on this motion?

[00:02:22]>> No, your honor.

[00:02:24]>> All right.

[00:02:26]Why not? What's going on?

[00:02:27]>> There's a supplement, judge. There's three new number ones. Uh need to go over all the discovery with the defendant Robles.

[00:02:34]He had a warrant, and when they executed the warrant, I believe it was similar offenses.

[00:02:38]>> All right, Ms. Ferguson.

[00:02:40]>> Yes, sir.

[00:02:40]>> Uh I need to set this for a contested hearing, and if it ends up not being a contested, the court will uh accept it because I realize there are some discovery issues. State, how long will it take you to get the defense the discovery issues?

[00:02:55]>> Is it Is the DWI >> Yes.

[00:02:57]>> Yes.

[00:02:58]>> Cuz there is a DWI >> There is a >> evading, assault, and racing on a highway.

[00:03:05]>> Excuse me, and the the evading, I think is all the those other two are trying to sue. September 8th.

[00:03:12]I'm not sure, judge. Um 30 days?

[00:03:15]>> All right, Ms. Ferguson. Can you give me a a contested hearing date in 30 days?

[00:03:20]And if you all have things before for then, and you wish to come before that date, just let the court know.

[00:03:25]>> Yes, your honor.

[00:03:26]>> October 26th.

[00:03:28]>> All right, October 26th. What time?

[00:03:30]>> At uh 9:00 in the morning at 9:00.

[00:03:32]>> All right, at 9:00 a.m.

[00:03:34]>> Thank you, your honor.

[00:03:35]>> All right, you're welcome.

[00:03:36]>> Thank you. You have a good day.

[00:03:37]>> You, too.

[00:03:39]Ready to proceed on the motion to revoke?

[00:03:41]>> Yes, judge.

[00:03:42]>> Yes.

[00:03:42]>> All right, I need everyone to please whisper.

[00:03:47]Court is calling 2015 CR12466, State of Texas versus Fallon Nicole Medina. Can I have parties announced for the record for the state?

[00:03:58]>> Daniel Escobar for the state of Texas.

[00:04:00]>> Defense?

[00:04:00]>> Stewart Onnis for >> [clears throat] >> Ms. Fallon.

[00:04:04]Medina.

[00:04:05]>> All right. Are you Fallon Nicole Medina?

[00:04:07]>> Yes, ma'am.

[00:04:07]>> Showing you what's entitled motion to enter adjudication of guilt and revoke community supervision and first amended motion to enter adjudication of guilt and revoke community supervision. Did you review that document those documents with your attorney and did you understand them?

[00:04:21]>> Yes, ma'am.

[00:04:23]>> Okay.

[00:04:23]Are you the same Fallon Nicole Medina who's placed on deferred adjudication in 2015 CR 1 2 4 6 6 for the offense of aggravated assault with a deadly weapon on August 22nd, 2016 for a period of 10 years? Is that you?

[00:04:38]>> Yes, ma'am.

[00:04:39]>> All right. State?

[00:04:40]>> Violated condition number five in Bear County, Texas, the defendant Fallon Nicole Medina did then and there fail to report to the supervision officer as directed in the months of January through July, 2023 in violation of condition number five.

[00:04:54]>> How do you plead that true or not true?

[00:04:57]>> True.

[00:04:58]>> Does the state waive all the violations?

[00:05:00]>> Any objection?

[00:05:01]>> No objection.

[00:05:02]>> All right. Did you understand by pleading true to violation condition number five the court can find it true, grant the motion, find you guilty, sentence you up to 20 years in prison and up to a $10,000 fine?

[00:05:13]>> Yes, ma'am.

[00:05:14]>> Knowing that, do you still wish to plead true to violation of condition number five?

[00:05:19]>> Yes.

[00:05:19]>> All right. The court does not have a trial court certification done.

[00:05:23]>> I can get that for you here on the >> All right. Thank you.

[00:05:25]>> It's right in the box.

[00:05:27]>> What is happening with this case?

[00:05:29]>> Judge, so the defense brought to our attention that there may be another piece of evidence that the state doesn't have that we would like to have.

[00:05:35]>> Okay.

[00:05:36]>> Uh so we're going to be reaching out to one of the parties involved in this case.

[00:05:40]Uh we have reached out to the complainant but we haven't been We've reached out to the complainant but haven't actually been able to talk to the complainant. That'd be the step, too.

[00:05:47]>> All right, Ms. Burgess, can I have a 30-day reset?

[00:05:50]>> October 30th.

[00:05:51]>> All right, we'll come back on October 30th. Once you sign the reset form, you'll be excused. Is there an immigration issue here or no?

[00:05:58]>> No, your honor.

[00:05:58]>> All right, just sign the reset form.

[00:06:00]Thanks for dressing appropriately for court.

[00:06:02]>> Thank you, Judge.

[00:06:03]>> Thank you, Ms. Burgess.

[00:06:03]>> You're welcome.

[00:06:05]>> All right, this is a motion to revoke.

[00:06:07]Court is calling 2023 CR1750, State of Texas versus Ariel Giovanni Reyes. Could I have parties announced for the record for the state?

[00:06:20]>> Jason Garrett, Assistant District Attorney.

[00:06:22]>> Defense?

[00:06:22]>> Brent Hardy for Mr. Reyes.

[00:06:24]>> And are you Mr. Reyes?

[00:06:26]>> Yes, Ms. >> All right, I'm showing you what's entitled motion to enter adjudication of guilt and revoke community supervision.

[00:06:32]Did you review that with your attorney?

[00:06:33]Did you understand it and did you sign it? I'm sorry, not sign it, but did you understand it?

[00:06:38]>> Yes, your honor.

[00:06:39]>> All right, are this are you same Ariel Giovanni Reyes who was placed on deferred adjudication in 2023 CR1750 for the offense of aggravated assault with a deadly weapon on April 3rd, 2023 for a period of 5 years? Is that you?

[00:06:54]>> Yes.

[00:06:55]>> State?

[00:06:56]>> Yes, your honor. The violation of condition number one on or about the 12th day of August 2023 in Bear County, Texas, the defendant Ariel Giovanni Reyes committed the offense of criminal mischief in violation of condition number one.

[00:07:09]>> How do you plead to that, true or not true?

[00:07:12]>> True.

[00:07:13]>> Your honor, we'll waive the remaining violation of the conditions.

[00:07:15]>> Any objections?

[00:07:16]>> No objections, your honor.

[00:07:17]>> Did you understand by pleading true to violation condition number one, the court could find it true, grant the motion, find you guilty, sentence you up to 20 years in prison, and up to $10,000 fine?

[00:07:27]>> Yes, ma'am.

[00:07:27]>> Knowing that, do you still wish to plead true to violation of condition number one?

[00:07:31]>> Yes, ma'am.

[00:07:32]>> Court will find violation of condition number one true. Is there a proposed recommendation?

[00:07:37]>> Yes, there is, your honor. An agreement, or actually an agreement between the state and the defense. And that is to continue the individual on his uh well, continuing on his deferred and to have him attend a bear County ISF 2 program.

[00:07:52]>> All right, is that the agreement?

[00:07:53]>> It is, judge.

[00:07:55]>> All right, Mr. Reyes, can you raise your right hand for me? Do you solemnly swear affirm the testimony you give would be the truth and nothing but the truth so help you God?

[00:08:02]>> Yes, ma'am.

[00:08:03]>> All right, you can lower your hand.

[00:08:04]State your name for the record.

[00:08:06]>> I do Delano Reyes.

[00:08:08]>> All right, why are you not completing probation successfully?

[00:08:13]>> I didn't have any no time.

[00:08:15]>> No, I mean you you had enough time to commit a criminal mischief.

[00:08:20]So, my question is why are you not doing what you need to do to complete probation? Why shouldn't I send you to prison?

[00:08:31]>> I don't know, ma'am.

[00:08:33]>> So, what is your problem? What's going on in your life that you can't be successful?

[00:08:40]>> I dropped out of following.

[00:08:43]>> All right, and what is with the Spurs tattoo?

[00:08:46]Has he been evaluated for gang affiliation?

[00:08:52]Probation.

[00:08:53]Has Mr. Reyes been evaluated for gang affiliation or no?

[00:09:02]Have you ever been in a gang?

[00:09:04]>> No, ma'am.

[00:09:04]>> Well, what's with the Spurs tattoo?

[00:09:08]>> I'm a I'm a Spurs fan.

[00:09:09]>> We need a gang evaluation. We're going to need a gang evaluation. I don't think, you know, I know they're a great Spurs fan.

[00:09:17]I'm a great Saints fan.

[00:09:19]But I'm not painting the Florida leaf on my body.

[00:09:23]I'm not getting it especially on the sternum area because I understand that's painful. So, when they do the gang evaluation, it's not going to come up as anything?

[00:09:32]Cuz they're going to do it.

[00:09:34]>> Yes.

[00:09:35]>> They're going to come up with something?

[00:09:36]>> Yes.

[00:09:37]>> All right, so why you being dishonest with the court?

[00:09:42]So, uh again, we're back to the situation of why should I continue? If you want, I'll give you 3 years in the prison, you'll be done.

[00:09:52]Uh you will have to serve half that time before you're eligible for parole.

[00:09:57]Whether they give you the parole at 3 years or not, it's completely up to the parole board. I have no control over that. So, I can send you to prison for 3 years or either you're you're about to be hit with some serious consequences for your actions, which one of them is going to be gang supervision. The other one is going to be ISF cognitive and uh substance.

[00:10:20]And then that's going to be a TAP evaluation.

[00:10:22]>> I'll take the 3 years.

[00:10:25]>> All right. Court is going to find you guilty, revoke, sentence you to 3 years in the prison, give you credit for any time served, no contact with David Arguello.

[00:10:48]If you want the therapeutic community, they can help you with your drug problem. It doesn't increase the time that you're at the prison.

[00:10:57]All right, so we'll do therapeutic community. You're still going to have to ask for it and they may not give it to you because of your gang affiliation.

[00:11:03]You understand?

[00:11:04]>> Yes, ma'am.

[00:11:05]>> All right, I'm going to show you what's entitled um Are you waiving your right to appeal?

[00:11:10]All right. I'm going to show you what's entitled um trial court certification of defendant's rights to appeal.

[00:11:22]Did you review that with your attorney?

[00:11:24]Did you understand it and did you sign it?

[00:11:26]>> I did.

[00:11:27]>> All right. Because you waived your right to appeal, you do not have the court's permission to appeal. Because this is and I'm sorry there's an affirmative finding of deadly weapon.

[00:11:38]All right, because you waived your right to appeal, you do not have the court's permission to appeal because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question over what a weapon or ammunition is, you'll need to speak to an attorney. Do you understand?

[00:11:52]>> Yes, ma'am.

[00:11:54]>> All right, you're going to have to do better. I understand that you have issues in your past but and I understand your affiliations, but you're going to have to get a handle on your drug problem. Otherwise, somebody you love is going to get noticed that there is somebody who has OD'd and somebody's going to have to come come down and identify your body.

[00:12:15]You understand?

[00:12:16]>> Yes, ma'am.

[00:12:17]>> Yes.

[00:12:18]>> Judge, he has 155 days.

[00:12:20]>> All right, I'm giving him credit for any time that he's been in custody.

[00:12:24]>> Very well, thank you.

[00:12:25]>> You're welcome.

[00:12:29]>> And judge >> Yes.

[00:12:30]>> I put this is on No, I'm sorry, we're finished. Uh this is unrelated to anything. I I owe you an apology. I put together two cartons of eggs this morning and I was in a rush to get out of the house and they're sitting on my counter. I knew I was going to be here and >> Well, you know what's so funny about eggs? I didn't realize because I have a lot of friends who raise chickens, they produce a lot of eggs.

[00:12:52]>> Oh, you don't know. We support we give tons of eggs to the senior citizens center and they sell them and earn money.

[00:13:01]>> I'll tell you, there is nothing like fresh eggs.

[00:13:04]>> That's well, oh, I was also going to ask, when are you going back to Louisiana to your mom's?

[00:13:08]>> I'm not sure. Maybe Thanksgiving, I don't know.

[00:13:12]>> Well, let me know um cuz I want to give your mom >> Okay.

[00:13:17]>> and I wanted you to see this. I I went to Colorado last week and so I had to get up real early and I went up to the chicken coop at about uh This was what we needed.

[00:13:29]>> Uh I don't need to see that.

[00:13:31]>> [laughter] >> Show it to Deputy Laura.

[00:13:33]>> It's a rat snake. They're beneficial, but this was big.

[00:13:36]>> Yeah.

[00:13:38]All right. Are we ready on Fallon Medina?

[00:13:41]And I had already informed uh your client that by pleading true to violation of condition number five the court can find it true and grant the motion and sentence her up to 20 years in prison. Knowing that, do you still wish to plead true to violation of condition number five?

[00:13:55]>> Yes, ma'am.

[00:13:56]>> Court will find violation of condition number five true. Is there a proposed agreement?

[00:14:00]>> Uh yes, Josie. Proposal is uh SATP and MRT with a Mickey evaluation. Our department step away that they review the cases on case-by-case basis, so she may be rejected from SATP. So wanted to make sure the court was aware.

[00:14:13]>> All right. So, why should I follow this agreement? She was given deferred adjudication by another judge for what it appears to be setting up uh some male to be beat up, robbed.

[00:14:29]So, why she hasn't done What has she done on probation? Why should I accept this agreement? Has she done anything?

[00:14:34]>> She has, Your Honor. She's paid quite a bit of the fine. She did have some successful amount of time where she reported and her tests weren't bad. Her her drug and alcohol tests were not bad.

[00:14:46]It's only recently flown, I would say in the last couple of years once her father died that she has sort of things took a turn and um she's probably, I think, still dealing with that trauma. Um she was uh telling me that she did finish school um and she plans on and would like to, if given the opportunity, um be able to have a future in cosmetology, Your Honor. So, we are asking for the support. Um get her some drug and alcohol treatment through Safe and Sober House.

[00:15:18]>> Probation, what has she done on probation? Probation, are you aware of this recommendation?

[00:15:24]>> Yes.

[00:15:24]>> Are you in agreement with this recommendation?

[00:15:26]>> Yes. I'm verifying with the manager and if she doesn't have a valid ID, they're going to have to screen her case and it may she may or may not be accepted to that.

[00:15:38]>> All right. Will she be accepted to SAFE P?

[00:15:43]>> Yes.

[00:15:44]>> All right.

[00:15:46]All right, can you raise your right hand for me? Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth, so help you God?

[00:15:52]You can lower your hand. State your name for the record.

[00:15:55]>> My name is Nicole Medina.

[00:15:56]>> All right, so why did you fall off the radar?

[00:16:00]>> I was having some personal issues with my family and my father passed away 2 years ago.

[00:16:06]>> All right, why didn't you contact probation?

[00:16:09]And tell them what your issues were.

[00:16:12]>> I did tell them that I was having some issues, but I wasn't specific on what was going on.

[00:16:18]>> All right, do you have any children?

[00:16:20]>> Yes, ma'am, I do.

[00:16:20]>> How many?

[00:16:21]>> I have six.

[00:16:22]>> What are their ages?

[00:16:24]>> My oldest is 19, my youngest is 10.

[00:16:28]>> No, I need the ages. So, 19 >> They're they're not in my care, though.

[00:16:33]>> All right, none of them are?

[00:16:34]>> No.

[00:16:35]>> Were your rights terminated?

[00:16:37]>> No. I have joint custody, but my baby daddy has them.

[00:16:41]>> With who?

[00:16:42]>> The father.

[00:16:44]>> Okay.

[00:16:46]All right. Court will deny the motion alter the main conditions to include um she'll be evaluated for SATP. If SATP doesn't accept her, she's going to SAFE P.

[00:17:02]>> Okay, yeah. And she's going to be evaluated for that as well because I think she's only had one positive UA.

[00:17:08]>> Okay.

[00:17:09]And I'm going to want the MRT Mickey evaluation and if she is eligible eligible for SATF or SAFP, I want to brought back to court before she's released from custody and we'll figure out something else.

[00:17:25]>> Yes.

[00:17:27]>> I'm going to want no unsupervised contact with minors.

[00:17:36]All right, is there anything else from either side?

[00:17:38]>> No, no.

[00:17:39]>> All right. Miss Medina, is there anything else you need from the court?

[00:17:43]>> I know, ma'am.

[00:17:45]>> All right. And this we're off the record in this court, communication is key. If there's something going on your life, you need to ask probation. Talk to them.

[00:17:53]You understand?

[00:17:54]>> Yes, ma'am.

[00:17:55]>> From here on out, you're looking at potentially 20 years if you don't do well on this probation. You understand?

[00:18:00]>> Yes, ma'am.

[00:18:01]>> All right, when were you born in the '80s?

[00:18:03]>> I was born 1988.

[00:18:05]>> I knew, and you want to know how I knew you were born in the '80s?

[00:18:08]>> How's that?

[00:18:08]>> Because your first name is Fallon.

[00:18:11]Fallon, if you know, is from Dynasty.

[00:18:15]And so, there you go.

[00:18:18]All right. Do better, okay?

[00:18:20]>> Yes, ma'am.

[00:18:21]>> All right, do we have the test results on Borja?

[00:18:24]>> They're on your honor's desk.

[00:18:25]>> 2022 CR 3531W, State of Texas versus Jesus Pedez. Can I have parties announce for the record for the state?

[00:18:34]>> Jason Garahan, your honor.

[00:18:35]>> Defense?

[00:18:36]>> Addy Joe Steinberg.

[00:18:38]>> And are you Jesus Pedez?

[00:18:39]>> Yes, ma'am.

[00:18:40]>> Shown you what's entitled motion to revoke community supervision. Did you review that with your attorney? Did you understand it?

[00:18:46]>> Yes, ma'am.

[00:18:47]>> Are you the same Jesus Pedez who was placed on community supervision for the offense of possession of a controlled substance penalty group one, one to four grams on April 12th, 2022 for a term of six years. Is that you?

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

[00:19:01]>> All right, state?

[00:19:02]>> Yes, your honor. Violated condition number four in Bear County, Texas. The defendant alleges whereas defendant there failed to report to the supervision officer as directed for the months of June, July, June and July 2023 in violation condition number four.

[00:19:17]>> How do you plead to that, true or not true?

[00:19:19]>> True.

[00:19:20]>> And you're on a wave of remaining violated conditions.

[00:19:22]>> Any objections?

[00:19:23]>> No, your honor.

[00:19:24]>> Do you understand by pleading true to violation of condition number four, the court could find it true, grant the motion, and sentence you up to six years in prison and up to a thousand dollar fine?

[00:19:33]>> Yes, ma'am.

[00:19:34]>> Knowing that, do you still wish to plead true to violation of condition number four?

[00:19:37]>> Yes, ma'am.

[00:19:38]>> Court will find violation of condition number four true. Is there a proposed agreement?

[00:19:42]>> Yes, your honor.

[00:19:43]It is to deny the motion to revoke and continue him on his probation, and to have him mental >> Counsel, you said to deny and to revoke.

[00:19:53]>> I did. I'm sorry.

[00:19:54]>> Yeah, that's deny and revoke. Okay.

[00:19:55]>> So, deny the motion. Your honor, sorry about that. Continue him on his probation. And have him mentally health mental health screening and follow up with the recommendations.

[00:20:08]>> All right, so that's the agreement?

[00:20:10]>> Yes, your honor.

[00:20:11]>> All right, Mr. Pettes, can you raise your right hand for me? Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth, so help you God?

[00:20:18]>> Yes, ma'am.

[00:20:19]>> You can lower your hand. State your name for the record.

[00:20:21]>> Jesus Pettes.

[00:20:22]>> All right, do you have any mental health conditions?

[00:20:25]>> Uh yes.

[00:20:26]>> And what are they?

[00:20:26]>> Uh just bipolar.

[00:20:28]>> Okay.

[00:20:29]All right, the court will deny the motion, alter and amend conditions to include a Mick My Elf evaluation.

[00:20:42]And that's to be done in custody.

[00:20:47]All right, is there anything else from either side?

[00:20:50]>> Not from the state, ma'am.

[00:20:51]>> No, do you have any idea how long that take?

[00:20:54]>> If you speak with probation, they'll be able to tell you.

[00:20:56]>> All right, then.

[00:20:57]>> All right, Mr. Pettes, from here we're off the record. From here on out, you're going to have to do better. You need to communicate with probation. And if you're supposed to be on medications, I know sometimes medications cause side effects. If there are side effects, you need to let the doctor know so maybe they can put you on something else. You understand?

[00:21:14]>> Yes, ma'am.

[00:21:14]>> All right, good luck to you. Probation, this is an application with the sentencing to take place on November 9th.

[00:21:21]Court is calling 2023 CR6906, State of Texas versus Tarrie Joseph Ranford. Can I have parties announced for the record for the state?

[00:21:31]>> Jason Gary Hand, your honor.

[00:21:32]>> Defense?

[00:21:33]>> The attorney of record is Monica Guedado. Joseph Jason standing in. I work for Ms. Guedado. Uh Mr. Ranford, would you give this judge permission for me to do the plea in place of Ms. Guedado?

[00:21:43]>> Yes, sir.

[00:21:45]>> All right. Counsel, have you received all the discovery and did you review those with your client?

[00:21:49]>> Yes, your honor.

[00:21:50]>> Court will find that the state is in compliance with discovery.

[00:21:56]Mr. Ranford, I'm showing you what's entitled application for deferred Are you applying for deferred or regular?

[00:22:01]>> We are doing both.

[00:22:02]>> All right. Showing you what's entitled application for deferred adjudication or community supervision. Did you review that with your attorney? Did you understand it and did you sign it?

[00:22:11]>> Yes, your honor.

[00:22:12]>> Showing you what's entitled true bill of indictment. Did you review that with your attorney? Did you understand it?

[00:22:17]>> Yes, your honor.

[00:22:18]>> Counsel, do you waive the reading of the indictment?

[00:22:20]>> Yes, your honor.

[00:22:20]>> State, are you proceeding on the indictment as presented?

[00:22:23]>> Yes, we are, your honor.

[00:22:25]>> Mr. Ranford, I'm showing you what's entitled court admonishments and defendant's waivers and affidavit of admonitions. Did you review that with your attorney? Did you understand it?

[00:22:33]Did you sign it in all the appropriate places?

[00:22:35]>> Yes, your honor.

[00:22:36]>> You're charged with the offense of possession of a controlled substance penalty group one, 1 g to 4 g.

[00:22:43]>> [clears throat] >> Because the state is proceeding on the repeater paragraph, if the repeater paragraph is found to be true by the court, then your range of punishment will be anywhere from 2 to 20 years in prison >> [clears throat] >> and up to a $10,000 fine. Did you understand?

[00:22:56]>> Yes, your honor.

[00:22:57]>> If you have a plea bargain agreement with the state, the court does not have to follow your plea. If for any reason the court doesn't follow your plea and gives you more than you bargained for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea. Did you understand?

[00:23:11]>> Yes, your honor.

[00:23:12]>> Did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state will call in the right to remain silent?

[00:23:20]>> Yes, your honor.

[00:23:21]>> Did you understand by entering this plea bargain agreement you were giving up those rights?

[00:23:25]>> Yes, your honor.

[00:23:25]>> Did you intend to give up those rights and enter into a plea in this case?

[00:23:29]>> Yes, your honor.

[00:23:30]>> Did you understand if the court were to grant your application for deferred adjudication, if for any reason your deferred adjudication were revoked, the court could find you guilty, sentence you up to 20 years in prison, and up to a $10,000 fine. Did you understand?

[00:23:42]>> Yes, your honor.

[00:23:43]>> Counsel, has your client been able to provide you with any defenses?

[00:23:46]>> He has, your honor.

[00:23:47]>> Do you believe he has a rational as well as a factual understanding of the charges against him?

[00:23:52]>> He does, your honor.

[00:23:53]>> Do you believe he's currently competent was legally sane at the time of the offense?

[00:23:57]>> I believe so, your honor.

[00:23:58]>> Uh Miss Rent Mr. Rentford, has anyone threatened you, coerced you, or placed you in fear to get you to enter this plea?

[00:24:04]>> No, your honor.

[00:24:05]>> Has anyone promised you anything other than the plea?

[00:24:07]>> No, your honor.

[00:24:07]>> Are you satisfied with the way you've been represented?

[00:24:10]>> Yes, your honor.

[00:24:11]>> Are you a US citizen?

[00:24:12]>> Yes, your honor.

[00:24:12]>> Court will find that defendant has knowingly and voluntarily waived his right to jury trial. Showing you the plea bargain page, did you review that with your attorney? Did you understand it?

[00:24:20]>> Yes, your honor.

[00:24:21]>> According to the plea, punishment is to be assessed at 6 years in the prison.

[00:24:25]There's a $1,500 fine. The state is silent on your application. This will rank concurrent with County Court 12 cause number 698064.

[00:24:35]State will take in consideration 707108 night mag number 709145722670 grand jury number 804578.

[00:24:51]Did you understand that to be the plea?

[00:24:52]>> Yes, your honor.

[00:24:53]>> Defense?

[00:24:53]>> Yes, your honor.

[00:24:54]>> State?

[00:24:54]>> It is, your honor.

[00:24:55]>> Showing you the waiver of appeal paragraph, did you review that paragraph with your attorney? Did you understand it? Did you sign it in both places?

[00:25:01]>> Yes, your honor.

[00:25:02]>> Did you understand by signing that you're waiving your right to appeal? The only items that can be appealed are written pre-trial motions that have been filed, heard, and ruled upon by the court. Did you understand?

[00:25:11]>> Yes, your honor.

[00:25:11]>> Counsel, are there any such motions?

[00:25:13]>> No, your honor.

[00:25:14]>> Then to the offenses charged, how do you plead? Guilty, not guilty, or no contest?

[00:25:17]>> No contest.

[00:25:18]>> To the uh repeater enhancement allegation, how do you plead? True or not?

[00:25:23]I'm sorry.

[00:25:23]>> True.

[00:25:24]>> State any evidence.

[00:25:26]>> Yes, your honor. State exhibit number one with all its attachments.

[00:25:28]>> No objection, your honor.

[00:25:31]>> Sh- State you can continue to confer.

[00:25:33]Thanks. Showing you what's entitled waiver and consent to stipulation of testimony and stipulations.

[00:25:38]Did you review that document with your attorney? Did you understand it? Did you sign it in all the appropriate places?

[00:25:44]>> Yes, your honor.

[00:25:44]>> Again, did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state will call, and the right to remain silent?

[00:25:52]>> Yes, your honor.

[00:25:53]>> Did you understand that today the state will be presenting evidence in the form of witnesses, statements, and police reports, but most importantly, there will be no live testimony. Did you understand?

[00:26:01]>> Yes, your honor.

[00:26:02]>> Court will find that defendant has knowingly and voluntarily waived and consented to stipulation of testimony and stipulations. Court will accept into evidence state's exhibits one and attachments. Court has reviewed the same. The court will find that there's sufficient evidence to find you guilty.

[00:26:16]The court will defer finding of guilt as you applied for deferred adjudication.

[00:26:21]The court will find the enhancement true based upon your plea of true and based upon state's exhibits one and attachments. The court will order a PSI.

[00:26:29]Is there a need for a TAP evaluation?

[00:26:31]>> We would request a TAP also.

[00:26:32]>> All right. Is there any mental health issues?

[00:26:35]>> I don't believe so, your honor.

[00:26:36]>> Any mental health issues? All right, then the record court will request a PSI and TAP evaluation. Uh this will come back on November 9th. On November 9th, I'll make a decision on your application based upon the PSI report and any other evidence that's presented.

[00:26:52]All right, thank you.

[00:26:53]>> Thank you, Judge.

[00:26:53]>> You're welcome.

[00:26:54]>> Thank you.

[00:26:55]All right, where are we on this case?

[00:26:58]>> Your Honor, Judge.

[00:26:59]>> Sorry.

[00:27:00]Uh we're uh we're doing this case for PTD. Judge, if we could get a short reset um uh there has been an affidavit of non-prosecution, but uh I haven't seen it yet. It hasn't been filed yet. So, we're we just like a short reset for the that attorney to be able to >> How much time are you all asking for?

[00:27:14]>> Your Honor, it's first setting I request it be for a standard 30-day, but it's up to the court.

[00:27:19]>> All right, you all are saying a short setting?

[00:27:21]>> No, it's it's a short setting is fine, Your Honor. I just magic calendar-wise, 30 days always works.

[00:27:26]>> Okay.

[00:27:27]So, >> Yes, ma'am. 30 days is fine.

[00:27:30]>> All right, so at that at that 30-day mark, you all need to know whether or not this is going to be be a PTD or not.

[00:27:35]>> Yes, ma'am.

[00:27:35]>> All right.

[00:27:37]Ms. Ferguson, >> Yes, sir.

[00:27:39]>> could you give me a a 30-day reset?

[00:27:43]All right, Halloween.

[00:27:46]All right, we'll see you back then.

[00:27:47]Thanks for dressing appropriately for court.

[00:27:49]>> Thank you, Judge.

[00:27:50]>> You're welcome. Uh just get the reset form, then you're excused.

[00:27:54]A3 CR7282 State of Texas versus Gabriel Antonio Sosa.

[00:28:01]State, if you could announce.

[00:28:03]>> Uh Hank Wilkins for the state.

[00:28:05]>> All right, this hearing was scheduled at 9:00 a.m. It is now 11:44 a.m.

[00:28:14]The defendant has not made an appearance.

[00:28:19]And just 1 second, deputy is calling him in the courtroom.

[00:28:22]Uh Deputy Laura, did you make an announcement?

[00:28:24]>> Yes, Your Honor, there's one here.

[00:28:26]>> All right, State.

[00:28:28]>> Uh Your Honor, we request a bond forfeiture.

[00:28:30]>> All right, the court will issue a judge's warrant and remand the defendant without bond. If the defendant makes an appearance, the court will reconsider.

[00:28:39]>> Thank you.

[00:28:39]>> We uh went and and we went over everything. There are quite a bit more items. There are a couple things that we would seek the court's guidance on on um >> All right, what what is outstanding that you don't need the court's guidance on?

[00:28:57]>> So I um part of this case originated in Pleasanton.

[00:29:02]>> Mhm.

[00:29:03]>> And I have been able to secure the reports from Pleasanton. However, Mr. Potter is saying that there should also be some interviews um and other video um that I need to I guess reach out to Pleasanton and have them just bring me their case files.

[00:29:21]>> Mhm.

[00:29:21]>> Um >> So are they going to bring the case file?

[00:29:24]>> I need to I I'm sure they will I once I find out >> If they if they do not does a subpoena duces tecum All right, so >> So that is something that I I should be able to get um There is an outstanding cell phone download it's a The last time I checked since PD had not even they weren't going to download the phone. However, I did reach out to see um I believe the password's been provided so I think it's one that if given that we have the password it could be a quick download. I haven't heard back from the detective.

[00:29:57]Um >> Do you want that cell phone download?

[00:30:00]>> We do your honor and >> All right, so the cell phone needs to be downloaded. So there's no do they think they should they want it.

[00:30:07]All right.

[00:30:08]>> Okay, so that that can be done.

[00:30:11]Um There's some medical records that we had I believe subpoenaed back in August, but I need to follow up on those.

[00:30:20]>> What medical records?

[00:30:22]>> Yeah, the the victim it's one of the situations where the victim went to one hospital and then they told her no you need to go to Chosa. So it's really just the originating hospital records which shouldn't be much.

[00:30:34]Um And then it's just following up on body cam for officers.

[00:30:41]>> Okay, so just so everybody know since February 14th, Valentine's Day 2023, we've been dealing with the phone records, DNA, and CPS.

[00:30:52]>> DNA and CPS, I believe >> DNA and CPS have been provided to us.

[00:30:57]>> All right, but we didn't been dealing with phone records since February 14th, 2023.

[00:31:02]So, I'm going to give you all a reset date, discovery, and a plea deadline date. You all need to confer off docket. I'm not going to do any further resets for discovery.

[00:31:12]What happens at trial will happen at trial. If something needs to be excluded, it will be excluded.

[00:31:17]>> And judge, may I may I speak to that? I appreciate that.

[00:31:22]The struggle in this case is [clears throat] is we've had our investigation over the last 14 months.

[00:31:29]Like the cell phone, for instance, and we believe that's mitigating.

[00:31:33]So, what what what's said is there will be certain records on the cell phone.

[00:31:37]>> Oh, no, no, no. Here's the thing. I've already told them they need to download that for you. If it's not downloaded, we're going to have issues.

[00:31:43]>> And and I just want the judge to be aware that if that's just one example. Many of these things we think to exclude it, the judge would be excluding mitigating evidence, and we'll erase that issue, but it exclusion doesn't help us, and we we can't >> Well, this is what I'm telling everybody.

[00:32:01]Everybody, when you don't receive discovery, if you don't receive discovery, people need to start filing motions.

[00:32:08]And motions for whatever um consequences for not having discovery. But what I'm telling everybody, I'm giving you a reset date.

[00:32:20]This is the last reset date for discovery. This is the last reset date for a plea deadline date. This is it.

[00:32:27]You all need to confer off docket. So, I'm giving you all 45 days. And if people need to subpoena a police department and do a subpoena duces tecum, you can do that.

[00:32:39]All right, Ms. Ferguson.

[00:32:40]I need a [clears throat] 45-day reset on John Sanchez.

[00:32:45]>> Did you want to address the juvenile >> Judge, there is there are juvenile records that um >> [clears throat] >> Ms. Mitchell has and I have conferred on. Um it's not Ms. Mitchell's position per se, but the office the district attorney's office position is that we will get no access to the juvenile records.

[00:33:02]>> Subpoena whatever you need to subpoena.

[00:33:03]If somebody wants to follow a motion to quash that to meet a subpoena, they can do that.

[00:33:08]All right.

[00:33:09]>> I think November 14th.

[00:33:10]>> All right, we're coming back on November 14th.

[00:33:13]Calling 2023 CR17210 and 2023 CR17211.

[00:33:21]State of Texas versus Dwayne Mandell Hardaway. Could I have the state announce?

[00:33:26]>> Hank Williams for the state, Your Honor.

[00:33:27]>> All right, this hearing was scheduled at 9:00 a.m. It is now 11:53 a.m. The defendant has not made an appearance in court.

[00:33:38]Defense attorney is not present. Uh deputy uh Laura?

[00:33:42]>> Yes, Your Honor.

[00:33:45]>> Any uh announcements?

[00:33:47]>> I made an announcement. There's no Dwayne Hardaway in the following yards.

[00:33:49]There's no answer.

[00:33:50]>> State.

[00:33:51]>> Your Honor, uh state asks for a judge's warrant.

[00:33:54]>> It'll be a bond forfeiture.

[00:33:55]>> [laughter] >> That's okay.

[00:34:00]It's a 50% chance, right?

[00:34:02]>> Yeah, there's a 50/50 chance that he shows up or not.

[00:34:05]But sometimes I get asked for a second bond just to show we're serious.

[00:34:08]>> Yeah. So uh in each case, the court will grant a bond forfeiture or remand the defendant without bond. If the defendant makes an appearance, the court will reconsider.

[00:34:17]>> Thank you, Judge.

[00:34:17]>> All right, thank you.

[00:34:22]>> Yeah, Judge. I don't I don't I don't know if you see my >> Yes, I see your scribble.

[00:34:26]>> Sorry.

[00:34:27]Just a non-ownership and then also non-driving.

[00:34:31]He should be coming in today, to do the affidavit of non-driving. Uh Um the non-ownership I don't I don't know how much time you want to give us to get that accomplished. I don't know how quickly >> Well, I mean this the the device is not going to be removed until he provides an affidavit of non-ownership and an affidavit of non-driving.

[00:34:49]>> Okay.

[00:34:51]Or does the court want him to pay to calibrate?

[00:34:55]When he gets out >> Uh yes, he's going to have to do that until he >> Until >> provides this other information.

[00:35:02]All right, everyone um on Mr. Hardaway.

[00:35:06]We're going to go on the record. The court is going to recall the bond forfeiture. I've just been informed that he has been arrested. So, we need to have him brought over.

[00:35:15]So, in 2023 CR7210 and 2023 CR7211, State of Texas versus Dwayne Hardaway, court will recall the bond forfeiture.

[00:35:27]The court was informed uh that the defendant is already in All right, we're back on the record in 2023 CR6993, State of Texas versus Nicholas Borja. Uh my understanding you completed the UA.

[00:35:43]>> Yes, sir.

[00:35:43]>> All right.

[00:35:44]>> He was having some trouble, Judge. He was nervous. It took a while.

[00:35:47]>> Oh, that's okay. It happens. Uh what are the results?

[00:35:50]>> Positive for methamphetamine.

[00:35:51]>> All right, so you didn't mention the meth to the court.

[00:35:54]So, how often are you using meth?

[00:35:57]>> It was in the form of yeah.

[00:35:58]>> still under oath.

[00:36:00]How often are you using meth?

[00:36:02]>> Uh I did that like a couple days ago.

[00:36:05]>> Okay, you need to speak up. I'm sorry.

[00:36:07]>> a couple days ago.

[00:36:08]>> All right. So, how often do you use?

[00:36:12]>> I'd say weekly.

[00:36:14]>> All right, why were you dishonest with me? I'm just trying to give you the help you need. I already told you that was I was inclined to grant your application.

[00:36:22]If I send you out in the world and you have a meth problem and I don't give you help for that, you're going to be right back here on a motion to revoke because meth is illegal. Do you understand?

[00:36:30]>> Yes, ma'am.

[00:36:31]>> All right. So, are you employed?

[00:36:33]>> Yes, ma'am.

[00:36:34]>> What do you do?

[00:36:35]>> I work at Holland Tour. Um, we package board parts.

[00:36:39]>> Okay. How long have you been doing that?

[00:36:41]>> 6 months.

[00:36:42]>> All right. Do they drug test?

[00:36:43]>> Yes.

[00:36:44]>> Okay.

[00:36:45]And you're passing their drug test?

[00:36:49]Okay. Uh, do you live with anyone or do you live by yourself?

[00:36:52]>> I stay with um, family.

[00:36:56]>> All right. Do you have any children?

[00:36:58]>> No.

[00:36:59]>> How far did you go in school?

[00:37:02]>> Uh, high school.

[00:37:03]>> Okay. What are you planning on doing with the rest of your life?

[00:37:07]>> Well, I was planning on moving to Florida.

[00:37:10]But, the rest of my life, I don't know yet.

[00:37:13]Well, I'm still figuring that out.

[00:37:15]>> You say planning to move to Florida. Do you have family in Florida or that's just a dream?

[00:37:19]>> I have family.

[00:37:21]>> Who's your family in Florida?

[00:37:22]>> My brother.

[00:37:24]>> All right. Does your Have you talked to your brother? Does your brother want you in Florida with him?

[00:37:27]>> Yes.

[00:37:29]>> All right. What part of Florida?

[00:37:30]>> Sarasota.

[00:37:33]>> What county is that?

[00:37:36]>> I'm not too sure.

[00:37:37]>> See, part of you getting ready to move to a place, you got to know what county or parish it is, all right?

[00:37:41]>> Mhm. Yes, ma'am.

[00:37:43]>> All right. This is what the court will do.

[00:37:46]Court will sentence you to 4 years deferred adjudication.

[00:37:52]$0 fine.

[00:37:56]$57 restitution to SAPD for drug testing.

[00:38:06]Uh, transfer to Sarasota.

[00:38:10]I'll have to look up to see what county that is. You are not transferred and you cannot go to Florida until the transfer is actually granted. Do you understand?

[00:38:18]>> Yes, ma'am.

[00:38:19]>> There should be regular reporting by Zoom or in person.

[00:38:25]Proof of employment within 30 days. There should be no employment as a home health care provider with minors.

[00:38:37]I'm going to want 90 sober meetings in 90 days.

[00:38:42]A TAP evaluation.

[00:38:44]We'll follow the recommendations of TAP.

[00:38:45]If TAP recommends inpatient treatment, we'll start with intensive outpatient treatment. If it recommends intensive outpatient treatment, we'll start with outpatient treatment. And regular UAs.

[00:38:58]And I say regular UAs, I want UAs on him once a month, but I want them to be random once a month.

[00:39:05]Okay?

[00:39:08]Oh, then I guess I should have said random monthly UAs. That makes it easy, right?

[00:39:15]So, we'll do random monthly UAs because I think he is able to beat the test at his job, so.

[00:39:25]Uh we're going to do field visits one time per month until transfer.

[00:39:32]There should be no unsupervised contact with minors. And I'm putting that down cuz until you're clean and sober, you should not be around minors. Do you understand?

[00:39:43]>> Yes.

[00:39:43]>> All right. Well, you can be around minors, but there has to be an adult supervision. Once you're clean and sober, and that's been brought to my attention, then that may change. Do you understand?

[00:39:53]>> Yes, ma'am.

[00:39:55]>> All right.

[00:39:58]Probation, is there anything else he needs?

[00:40:02]All right. Is there anything you need from the court to be successful?

[00:40:08]>> No, ma'am.

[00:40:08]>> You sure?

[00:40:09]Any mental health issues that you need to address through probation or anything of that nature, any trauma?

[00:40:15]>> No, ma'am.

[00:40:15]>> Okay. All right, I'm going to show you what's the title trial court certification of defendant's rights to appeal. Did you review that document with your attorney? Did you understand it and did you sign it?

[00:40:24]>> Yes, ma'am.

[00:40:25]>> Because this is a plea bargain agreement, because I followed your plea bargain agreement, and because you waived your right to appeal, you do not have the court's permission to appeal.

[00:40:32]Do you understand?

[00:40:33]>> Yes, ma'am.

[00:40:33]>> All right, we can go off the record.

[00:40:35]From here on out, everything that you do, you need to ask yourself two questions.

[00:40:40]One, is this something that could result in me going to prison for 20 years? If the answer is yes, don't do it. If the answer is maybe, don't do it. And the next time you're before a judge or before me, when somebody is trying to help you and you think they're trying to help you, you need to be honest with them, all right?

[00:40:58]>> Yes, ma'am.

[00:40:59]>> All right, good luck to you.

[00:41:00]>> Thank you.

[00:41:01]>> You're welcome.

[00:41:02]>> Thank you, Judge.

[00:41:02]>> You're welcome.

[00:41:07]So, uh, Mr. Correo, >> Yes, I'm here.

[00:41:11]>> So, they're saying there's no restitution that's owed and that you completed uh, well, not that no restitution is owed. The state is saying that they're unable to prove any amount of restitution.

[00:41:23]>> Okay.

[00:41:24]>> With that being said, he has completed everything?

[00:41:28]>> Yes, Judge.

[00:41:29]>> All right, and and, uh, probation, was there a request for early termination or is there just we're just here for restitution?

[00:41:39]>> Um, we're here, uh, I guess to to hear the restitution issue, Judge.

[00:41:45]With that being all settled, uh, we're saying we don't necessarily need the early termination. We're asking that he be termed satisfactorily after his case has been extended because the restitution issue was outstanding, but now having been resolved, uh, no other issues, uh, being present or anything else he needs to do, we're requesting that he be he be allowed to be terminated, Judge.

[00:42:04]>> Okay.

[00:42:05]So, uh, then probation >> Yes, Judge.

[00:42:10]>> uh, he's to be terminated satisfactorily.

[00:42:13]>> As of today, Judge.

[00:42:14]>> Yes.

[00:42:14]>> Thank you, Judge.

[00:42:15]>> All right, is there anything else from either side?

[00:42:17]>> Nothing further from the State.

[00:42:18]>> Nothing from the defense, Judge.

[00:42:19]>> All right, thank you. Mr. Correo, you're excused.

[00:42:24]Oh, I'm sorry. You can unmute, sir.

[00:42:27]>> Thank you. I'm sorry. Have a wonderful day. I appreciate you. Bye-bye.

[00:42:31]>> All right, you're welcome. Have a good day.

[00:42:34]>> You, too.

[00:42:35]Thank you.

[00:42:48]>> All right, who are you here for?

[00:42:50]>> For Mr. Rubius, your honor. You know, I'm just getting back from vacation.

[00:42:54]It was a plea deadline. They made an offer. I haven't had a chance >> All right, where is Mr. Rubius?

[00:42:58]>> He is present in the box, Judge.

[00:43:00]>> Come down, sir.

[00:43:01]>> Getting ready for a trial Monday on an aggravated continuous sexual assault and murder of a dead victim and I have a video >> Mr. Rubius, come down.

[00:43:12]>> Sorry, they couldn't hear you.

[00:43:13]>> No apologies. That's okay.

[00:43:14]>> I'm asking we could do it after the 15th.

[00:43:19]>> Oh, no, run. I don't want you to fall.

[00:43:21]>> It's okay.

[00:43:23]I'm tired. Long day.

[00:43:25]>> All right, so your attorney is saying that he's not ready to proceed today with the plea deadline date.

[00:43:31]>> Yes, ma'am.

[00:43:32]>> So, he's asking for it to be recalled after the 15th.

[00:43:35]>> Um She's my boss.

[00:43:38]>> No, I mean, it's it's your case, but I want you to be aware of what's going on.

[00:43:42]Although, I know your attorney is making sure that you're aware.

[00:43:45]So, your case is going to be called.

[00:43:47]Final plea deadline date is going to be August 18th.

[00:43:50]>> August 18th?

[00:43:51]>> Yes, sir.

[00:43:53]>> Thank you, Judge.

[00:43:53]>> All right, do you have any other questions about anything?

[00:43:55]>> Um no, ma'am. I'm I'm just Have a good day. God bless you. Goodbye, ma'am.

[00:44:00]>> Thank you. God bless you, too. You have a good day.

[00:44:03]>> You, too.

[00:44:04]>> you. Consideration.

[00:44:05]>> Sure, thank you. Can I see the file on Jesus Cabral Rubia, please?

[00:44:11]And just give us a moment. I have probation is going over conditions and it's hard for her to hear and and the defendant to hear.

[00:44:26]Is there anyone here who is requesting a reset?

[00:44:32]Everything else is for plea.

[00:44:35]Just give us a moment. Probation is going over conditions with a defendant in the box and once they do that then we'll take the matters up.

[00:44:45]And on this case the issue is just the bond issue.

[00:44:57]Okay.

[00:44:59]And this hasn't been indicted, correct?

[00:45:01]>> That's correct.

[00:45:07]>> So what I can tell both parties unless there's something in his criminal history that would preclude him for having a bond he's going to get a bond. The only question is what the amount will be.

[00:45:31]Is the new charge the protective order?

[00:45:33]>> Yes, that is correct.

[00:45:33]>> Ah, okay.

[00:45:35]All right, so so here's what I can tell you. The law has changed, right?

[00:45:40]Um I'm going to listen to testimony. I'll see what the witness says and you may not There's a chance you may not receive a bond. Do you understand?

[00:45:50]Now there are other issues with deadlines that are not being made of course. We won't consider that if your attorney presents something else. Court is calling 2025 PF00730 State versus Dorian Xavier Gutierrez.

[00:46:06]Can I have parties announced?

[00:46:07]>> Attorney for the state of Texas.

[00:46:08]>> Xavier Barrera.

[00:46:09]>> Mr. Gutierrez.

[00:46:10]>> Under >> And are you Mr. Gutierrez?

[00:46:12]>> Yes, sir.

[00:46:12]>> All right, we're here on a motion to set bond.

[00:46:15]>> I'll switch.

[00:46:15]>> Uh defense is requesting that a bond amount be a set set in the amount of $20,000.

[00:46:21]And my understanding uh state, you are not in agreement.

[00:46:25]>> That's correct.

[00:46:25]>> All right, are there any witnesses?

[00:46:28]>> Uh yes, your honor. The state would like to call Miss Jasmine Timpson.

[00:46:32]>> All right, uh could you raise your right hand for me, miss?

[00:46:37]Do you solemnly swear or affirm the testimony you give will be the truth and nothing but the truth, so help you God?

[00:46:42]>> Yes. Yes, ma'am.

[00:46:43]>> All right, you can lower your hand. If you'll state your name for the record.

[00:46:47]>> Jasmine Gary Timpson.

[00:46:50]>> All right, any objection to the witness appearing by Zoom?

[00:46:53]>> None from the state.

[00:46:54]>> None from the defense, your honor.

[00:46:55]>> All right, just one moment. All right.

[00:46:58]Uh state, you may proceed.

[00:47:00]>> Thank you, your honor.

[00:47:02]>> And you may proceed, counselor.

[00:47:05]All right, you may proceed.

[00:47:07]>> Good afternoon, Miss Timpson.

[00:47:09]>> Hello, good afternoon.

[00:47:10]>> Uh I know you probably can't see me, but can you hear me okay?

[00:47:13]>> I can hear you fine, yes, sir.

[00:47:15]>> Thank you, ma'am.

[00:47:16]Um Now, do you have uh any way of knowing someone by the name of Dorian Xavier Gutierrez?

[00:47:25]>> Yes.

[00:47:26]>> How do you know that person?

[00:47:28]>> We were together for almost 11 years.

[00:47:31]>> Okay.

[00:47:32]Um can you describe your relationship to the court during those 11 years?

[00:47:37]>> Um we we met not in good places. We were both addicts of meth. Um a couple of years, I had got pregnant with his first kid, got sober, been sober since.

[00:47:53]Um he had got sober a little right after me. We kind of started from the bottom, worked our way up to the top. We were in really good place We were at a very, very good place. Um it just kind of got rocky within the last year. I would say like the beginning of 2024 up until now, of course.

[00:48:11]Um it's never been this messy.

[00:48:14]Um we now have four kids together.

[00:48:17]Um that's how I know him. That's our history, pretty much. Just being together for 11 years, but it's never been this bad.

[00:48:26]>> And when did things start getting bad between the two of you?

[00:48:29]>> I would say in a little after In 2024, for sure. Within the year, but it gradually It was stuff that I we were able to tolerate, right? Um arguments here and there, but um I would say maybe um February of last year is when it kind of got bad. March up until January is when it was very, very, very, very, very, very bad.

[00:48:56]>> Okay. Can you please describe to the court what you mean by being very, very, very bad?

[00:49:00]>> Well, as far as I mean, and I'm not saying I know Dorian. I know what he's capable of doing. He's a very good person, has a very good heart. He loves his kids dearly, but I really think what got in the way was his co-workers, his job at the time. He was very solid. He's a great worker.

[00:49:18]He was at the wrong place at the wrong time, and I truly believe with me knowing him, being with him for 11 years, he got He was in the wrong place, wrong time, got caught up. He started using.

[00:49:31]Um I would question his behavior.

[00:49:33]There's stuff that I witnessed at home that I know that was not normal behavior.

[00:49:39]Um It was I would say November. I mean, he didn't spend Halloween. We have twins that are two.

[00:49:45]Halloween, he he decided to work, which is fine. He was at work, but he missed all of holidays of last year.

[00:49:52]Halloween, uh Thanksgiving, and even Christmas. He missed he was not with us at all. Um, I know that he was using I couldn't know I just couldn't never prove it.

[00:50:04]Um, when that incident between me and him had happened in January, I know for certain that he was using again I just couldn't prove it. Um, >> Okay, let me stop you right there if you don't mind me.

[00:50:16]>> Yeah, go ahead.

[00:50:17]>> Can you describe to the court the incident you're talking about in January?

[00:50:21]>> When me and him um, we got into it. I mean I pulled out a knife on him. He choked me. I called the police. We both both went into jail, did our statements.

[00:50:31]He got arrested, bonded out.

[00:50:34]CPS got involved. We both were assigned to a class um, that I completed. He did not complete. Um, my case worker had shared with me that Doran had tested positive for methamphetamine and cocaine.

[00:50:48]Um, he wasn't active with the kids at all. Um, even when his grandma was available there was times where he chose to be out with in the street I don't know what he was doing, but he didn't see his kids as much as he should have. And I mean and I guess that's where I'm torn at.

[00:51:08]>> All right, so just a moment. All right, this is what I want to know.

[00:51:12]I want to know about a protective order being in place.

[00:51:17]That's what I want to know about.

[00:51:18]>> So I have >> The time the time for this situation.

[00:51:22]>> Yes, I was about to give you the time.

[00:51:23]Yeah.

[00:51:24]Now, uh, after that January incident, Ms. Tinson, did you have any contact at all with Mr. Gonzales?

[00:51:31]>> Mr. Gutierrez, uh, yes we did.

[00:51:35]>> Uh, to your knowledge was he supposed to have contact with you?

[00:51:39]>> It would I would have to say I'm not going to lie it was 50/50. When we had contact there was not it wasn't bad. It was him so he could see the see the kids. It was me and him, but it nothing it wasn't a bad visit when there was contact, the rare contacts that we did have.

[00:52:00]>> Are you aware of any conditions of his release for the incident that you're involved in with him?

[00:52:08]>> Are you I'm I don't understand your question.

[00:52:11]>> Are you aware Are you aware and this is what I think the question is. Are you aware that there was a no contact order that was in place?

[00:52:20]>> Yes, from my CPS case worker, yes. I never got the paperwork.

[00:52:24]>> Okay.

[00:52:25]And did you have further occurrence with him in June of this year?

[00:52:31]>> Yes.

[00:52:32]>> Can you please describe what that occurrence was like with the court?

[00:52:36]>> In June, um I was at home at our my apartment that me and the kids live at.

[00:52:43]Um he had called I want to say I don't know if it was one of the kids, he had called them and told them that he was on the his way.

[00:52:51]And so I had called I I want to say maybe I called him and was like, "Hey, like how do you know where I live?" Come to find out, he was at our house. He came to our house. I let him in and that's when it went left from that incident in June.

[00:53:06]I broke his I mean, to fast forward, I had broke his chain that he had on. I mean, because the kids are seeing his dad, he's got on new shoes, new clothes, he's got on a gold chain, Apple Watch, yet he can't buy diapers. I've got more diapers from his grandma than him.

[00:53:22]Promised the kids shoes, that never came into play. So I'm mad, of course. One, he showed up at my house. Two, I did let him in, that was my fault. I broke his chain, he left.

[00:53:33]He gets in his rental car, and then he speeds up to my car, and he gets out and stabs my tire due to me pulling his gold chain that his girlfriend bought him.

[00:53:44]>> Okay.

[00:53:46]Was there anything else that occurred that day?

[00:53:49]>> Uh no, after that I mean he took off. Of course I made the report. Um after that no, CPS got involved again because of that cuz he did all of that in front of the kids.

[00:54:03]So after that incident no, we stopped talking. I decided to block his number because it wasn't going anywhere. I blocked his number from the kids' tablets because my kids are dying to see their dad and he's not making anything happen for them.

[00:54:20]He has not seen his kids like he at all really. And when he's had the chance he hasn't.

[00:54:27]>> All right, thank you. All right, you want to pass the witness?

[00:54:30]>> Just one last question if I may, please.

[00:54:32]>> I want him to get help and I also if you don't mind me saying my little two cents prior to that incident that happened in January, I I I really don't have a good relationship with this family and he knows that. They're not really good They're good people, they love hard.

[00:54:49]However, I didn't like how Dorian was treated. And two, I felt like they didn't really do much for my kids.

[00:54:56]Before that incident happened in January, I reached out to his dad. I reached out to his grandma Eloise. I reached out to his mother Lori. I said, "Look, I need help because I know Dorian is going >> I'm I'm so sorry. I'm going to interrupt you because that what is happening between you and his family is actually not relevant for this hearing. Do you have any questions, defense?

[00:55:19]>> Thank you. Um Just to get the uh Y'all were living together up until the the the the first incident that you described in January. Is that right?

[00:55:31]>> Right.

[00:55:32]>> And y'all had lived uninterruptedly for at least a few years in that home. Is that right?

[00:55:39]>> Yeah, we were fine.

[00:55:41]>> And then he he moved out or did no longer live with you and part of that was because you were aware there was a a no contact right?

[00:55:50]>> Right.

[00:55:51]>> And as you mentioned CPS got involved in this case and they contacted both yourself and Dorian, right?

[00:56:00]>> Yes.

[00:56:01]>> And could recall that the CPS worker went over with you that you were not to be contacting Dorian. Is that right?

[00:56:11]>> Right.

[00:56:13]>> And that he was not to be contacting you, right?

[00:56:16]>> Right.

[00:56:17]>> But it is true and it's fair to say that you did in fact contact Dorian on several occasions since that time, right?

[00:56:24]>> Vice versa, yeah, we both did. Yes.

[00:56:27]>> And it's also fair to say that because of your frustration with children and and his uh interacting with them that you had maybe try to guilt trip him a little bit about not seeing him. Is that right?

[00:56:42]>> No. Negative.

[00:56:45]>> Is it true that you sent text messages to him requesting that he come over to see his kids?

[00:56:51]>> Never gave him the address, but I was pushing that more so visiting us at a like a park, a public place. Never did I invite him to my apartment.

[00:57:01]>> And you also were asking him or or telling him that he needed to provide you some sort of funds, monetary funds in order to to provide for their care. Is that right?

[00:57:12]>> Well, yeah, diapers, necessities that kids need. Yes, of course.

[00:57:17]>> And at the same time you're also aware that he is not if he's under a no contact order, you know, that does make it difficult and that makes it to where he is not to be seeing you or communicating with you or being around the even the children when they're with you, right?

[00:57:36]>> Right, but there he had people in place to where he could still see the kids. It wasn't even me at that point. It was the people that were ordered to be with him to see the kids. He decided not to see the kids.

[00:57:49]Continue?

[00:57:51]>> But so so what I will what I'm asking you though is that the way it was set up with CPS is that his grandmother uh Eloise was the person to pick up the kids, right? And had and supervised his visitation with them. Isn't that what the orders state?

[00:58:08]>> Yes, Eloise and his father, yes.

[00:58:11]>> Okay. But it's true that you were also reaching directly out to Dorian in order to try to get him to see the kids outside of that.

[00:58:19]Is that not true?

[00:58:20]>> Yes, and I mean, yeah, and he came to my apartment without my knowledge. I've never gave him There's no paper trail text that I gave him my address.

[00:58:30]>> Okay, so here's the thing, and this is what I want everybody to understand. I understand that these types of cases get heated. This is not the time for people to have their therapy sessions. This is what I want to know. Number one, did he have an assault family household impeding breath or circulation? Is that that case pending?

[00:58:52]>> Yes, it is, Your Honor.

[00:58:53]>> And is it against the the witness who's testifying?

[00:58:55]>> Yes, it is, Your Honor.

[00:58:56]>> And then the new case, which is I guess violation of protective order?

[00:59:00]>> And criminal mischief is against the >> And criminal mischief, is it against this person?

[00:59:04]>> Yes, it is, Your Honor.

[00:59:05]>> What I'm telling everybody here, legally and you can take it to your legislature, but you are not entitled to a bond, and I'm not going to give you a bond.

[00:59:15]And what everybody needs to understand is when somebody has a protective order in place I understand that sometimes people's whole thing, when I was a defense attorney, they just want their boyfriend to behave, they want their boyfriend to be a good boyfriend. That's why they continue to contact them. That is not what the law is for. So, he is on bond for assault family household impeding breath or circulation against this complainant. You pick up another violation of protective order. I think everybody knows whether the complainant reaches out to you or not, which you know, the order is in place to protect whoever the complainant is.

[00:59:54]You're not supposed to go over that person's house. You're not supposed to contact that person, even if that person is contacting you. You're not supposed to respond.

[01:00:03]That's what the no contact order is.

[01:00:05]So, the court is denying your motion for bond. You will not be given a bond by me.

[01:00:10]>> Your Honor, is there any way that I can at least address the court on some of these issues just to at least make my record Um in terms of clearly, you know, what I'm trying to abide by these laws and orders, there has been several instances of contact, communication by Ms. Simpson to him.

[01:00:34]Um And of course, it seems to me that if the children or anything else that evokes his feelings of guilt or a desire to to help with the kids or what have you. It's been impressed upon him, Judge, since this time to have absolutely zero no contact whatsoever.

[01:00:50]And so, I I'm asking the court to consider a more narrowly tailored means by placing him on GPS.

[01:00:58]Um you know, in a zero-tolerance manner so that he's able to work, he's able to be to spend that time with his children. Um I think by Ms. Simpson's account, he is a good father.

[01:01:09]Um I think that they would those with the children would suffer if he would not be able to be able to have that. And so, you know, I would I would very much and sincerely ask the court to consider that or take that under advisement. Um as a matter of fact, his his grandmother, who's the the supervisor of the CPS cases, is actually here as well today in support of him and willing to speak to the court.

[01:01:33]That's who the kids will That's That's who the kids will be with if there's supervision that needs to be done pursuant to the to CPS. So, that's It's for those reasons, Your Honor, that I'm asking the court to deny.

[01:01:46]>> And I want you to know I've heard your counsel's argument. I've internalized it. This is what I want you to hear from me.

[01:01:53]You are You were on bond for assault choking, family.

[01:01:58]The complainant who's on the screen is the complainant in that case.

[01:02:03]And then you had an order, and it was a protective order, that you were not to have contact with her.

[01:02:09]Then, based upon her testimony, you had contact with her at her home, her apartment, or wherever it was.

[01:02:16]Now, with regards to the slashing of the tires, she's saying that you slashed her tires after she tore your chain.

[01:02:25]The issue is you're on bond for assault choking against this complainant who's testifying, and then you pick up a violation of protective order.

[01:02:34]The motion for bond is denied.

[01:02:37]All right. Thank you.