Out of Control KAREN Rages in Court, Then Judge Boyd Has ENOUGH With a Family Outburst (4 Cases)

Added: 2026-06-01

[00:00:00]I want my son. Like, these are two people that don't have no right. Please, sir. Don't take my son from me and give him to these You you have to report to jail tomorrow morning.

[00:00:13]>> Wow, really? I have a little baby.

[00:00:17]Excuse me, who are you?

[00:00:19]All right, and who is this?

[00:00:21]He could be going to prison for 10 years. He is not. There are tears. There should be tears for the people who have died the He is going to receive the maximum 90 days in jail. He will be reporting to THE FACILITY TODAY.

[00:00:36]HE will receive a fine of $750 plus court costs. He will receive the maximum 2 years license suspension.

[00:00:43]>> And every time I tried to take him back home, there was an appointment or she had something going on in Rochester Hills or there was just excuse after excuse. So, I did I went to the court. I filed for a guardianship.

[00:00:58]And then on May 26th, um Nicole had texted me at 11:30 in the morning and asked me if she could come and take Michael to lunch. And I told Nicole as long as she was not driving because she doesn't have a valid license and had a licensed driver and they wasn't they weren't under the influence that she could take Michael to lunch. She didn't show up till after 3:00. So, I tried to stop the visit and she called the police. And the police came out and I have the police report and that they couldn't even talk to her. She was out of control. Even the officer told my wife over said, "We can't even have a conversation with her." And I said, "I understand." I said, "And they want me to work with her." Officer Detmer also asked me how old she was. I said 33. He said, "It's time she stopped blaming you for your past and take responsibility for herself.

[00:01:57]>> me So, let me ask this.

[00:01:59]Did you appear before Judge Harrison on May 31st in her court? I did.

[00:02:05]I did in person. Yeah.

[00:02:07]>> and and and and are these things you talked about to Judge Harrison? You told her this this scenario as you're indicating to me? All right. Yeah. Because I know that order on May So, and ma'am, do you have the order from the probate court, Ms. Cross? Have you gotten that order from May 31st? No, Your Honor. I haven't gotten nothing.

[00:02:27]Do you have an address or or email address where the courts can serve you?

[00:02:30]>> Yes. I Yes. I don't know why I'm >> seen So, you So, you are not aware of the May 31st order from Judge Harrison and Sandra Harrison from the Macomb County Probate Court that suspends your parenting time and places your son in the care of your mother?

[00:02:45]I didn't know that until my brother-in-law told me that and gave me the >> Okay. Do you Do you know Are you aware that there's a July 10th hearing before Judge Harrison I am aware.

[00:02:54]>> regarding the ongoing Okay, and you're planning to appear at that. So, you know about the July 10th.

[00:02:59]I would have appeared the first one. I didn't know it was really serious. Okay.

[00:03:04]All right. And Mr. Burcham, you appeared at the probate hearing before Judge Harrison as well. Is that correct?

[00:03:10]Uh I don't remember if I was at that one or not.

[00:03:14]And ma'am, was Mr. Burcham there?

[00:03:16]Okay.

[00:03:17]>> there, yeah. So, cuz cuz So, guys, I'm going to cut to the chase.

[00:03:20]Why So, if you were there, Mr. Burcham, then I was going to say why did the judge not consider placement with the other bio parent? And ma'am, did you guys have a dialogue about Mr. Burcham or no with Judge Harrison?

[00:03:33]I'm sorry. I don't quite understand what you're asking me. Yeah. So, when you So, So, Mr. Burcham was not there in front of Judge Harrison on May 31st. Is that correct? It was just you only?

[00:03:42]>> Yes.

[00:03:43]Yes, just myself, Your Honor.

[00:03:45]Okay. And did did the judge inquire as to why she wasn't potentially picking Mr. Burcham to uh my go with? I I told Judge Harrison the same thing that Mr. Burcham had told me that he is not stable enough to have Michael in his home. He is in the process of moving and that Mr. Burcham was okay with Michael staying in my care.

[00:04:11]And I'm assuming he'll tell you the same thing.

[00:04:14]>> And Mr. Burcham, your comments, is that true or not true? What are your comments? That's true. That's true.

[00:04:19]Okay. So, but you have a motion pending for custody right now in this court.

[00:04:24]Yeah, we did Okay, so I filed a custody right away, emergency right away, just because I heard what was happening and I didn't know if grandma wanted to have him or not. I wasn't sure what was going on, but I do know like me and her had talked now.

[00:04:38]You know what I mean? So, like I know what's going on now. I just didn't know, so I knew I had to get in and something in. Okay, so it's correct.

[00:04:45]Right now, you agree with grandma that she's the You feel she's the appropriate place for your son.

[00:04:51]So, let me ask you something. So, Miss Cross, did you call CPS? So, for CPS to call your mom. So, so just as just as So, why why why do you why do you think CPS came to your approached your mom and contacted you to take your son?

[00:05:06]>> that CPS worker's name is Michelle. Her name's Michelle and she closed my case.

[00:05:12]And so did her supervisor.

[00:05:14]>> why why do you think they went to your mom's house to view it for a possible placement of your child? Because of the uh the charges that I'm facing, but I got a very good attorney.

[00:05:26]>> What What What are the charges that you're facing?

[00:05:29]It's uh stalking, harassment and a felonious assault.

[00:05:34]Okay. But I go I I have had Michael Wade Little Michael, my son, I have had sole physical custody of him for the last almost 5 years.

[00:05:44]>> I got it, but but obviously CPS, when they're going to potentially remove a child for abuse neglect case, they look to a family for placement first.

[00:05:53]So, they approached your mom. Your mom's saying she didn't call them up. They Am I hearing that right? Ma'am, you didn't They called you and said we're looking for placement of your grandson.

[00:06:03]>> You're the only person that's ever called. Her and my neighbor.

[00:06:07]That's CPS. So, let me So, so ask So, >> never been able to see my son. Like I Listen.

[00:06:16]Okay, ma'am, I'm talking. Everybody I understand you're passionate. So, ma'am, um did you call CPS on your daughter or your You told me they contacted you and said they needed placement of your grandson. Is How did that happen?

[00:06:28]This time, yes. They contacted [clears throat] me on the 19th of May.

[00:06:33]And it was a Friday. It was about 5:00 at night. I can't remember the lady's name that called to me, but Kathy Thomas was the one that came May 20th.

[00:06:43]I have called >> Okay. CPS in the past, your honor, but this was in the past where they closed the case and made me give Michael back on April the 7th. And then here we are a month and a half later again. Okay, so so tell me about that. In April, your grandson came to stay with you for a while. How did that happen? I had him on March 20th.

[00:07:04]Um apparently there was a gentleman named Jerome Militello who's been in Michael's life for a while since birth.

[00:07:11]And he had Michael for a visit. And when he tried to take Michael back home to Nicole, Nicole wouldn't answer her phone, disappeared. And he tried to bring him to me and I said, "No, you're going to take him to the police station and I'll meet you there. We need to get on record. I'm done." And I had him from March 20th until April the 7th. And April the 6th I have text messages.

[00:07:38]On April >> give him back to me, your honor. She would not give him back to me, your honor. She would not She She She She would not give him back to me. I begged her to give me my son back. I have had him for 5 years, your honor.

[00:07:51]My mother has left my son. My mother has left my son for years. She's only attended one of his birthday parties, this last one. Your honor, it's only been me. His father's been So, how how many So, so how how many days after your son was taken to the police did you call your mom and ask for him back?

[00:08:08]>> Every single day. And then she told me she was going to call the police and have me arrested for harassment if I texted her again. Every day I begged to get my son back. And she is correct after I got out of jail and incarcerated, I had like to meet up with an attorney, get a good attorney, criminal law attorney. I had to go set up my therapy and psychiatrist appointments that I already go to voluntarily. I had stuff to do. And she So, okay. So, let me ask Let me ask a question. And if she's calling you, so she's just supposed to be there to take possession of your son when you need him to be with her and >> No, she until you're ready to get him back?

[00:08:44]No, your honor. She literally said those words to me on text message and I still have it where she said, "I am volunteering, so you can like get your stuff together, your legal stuff, and I am volunteering." And then she kept saying that and then when I would ask to see him or if him to come home, she would like come up with an excuse like and I have it all on my text messages. I don't delete anything.

[00:09:06]>> Okay. And I I I have had my my son for the last 5 years, just me and that gentleman Jerome Militello has been more of a father to my son than his real father. His real father has not had nothing to do with him. My son does not know who that man is. My mother, I appreciate her. I appreciate her taking care of my son when I was getting my stuff together, but I didn't need it to be this long and neither did my son.

[00:09:33]It's affecting him. We're all we got, me and my son. I've had him for the last 5 years. I don't plan on giving up or stop fighting for my child. I won't.

[00:09:45]So, so where what court are your charges out of?

[00:09:49]Roseville.

[00:09:51]Okay, and what are the conditions right now of your bond?

[00:09:56]I'm just on bond. I call every Monday, check in, and um I just do what my attorney tells >> You're not on You're not on You're not on tether. You're not You don't have PPOs or restraints. Obviously, you probably have restrictions about contacting the alleged victim. Yeah, I don't know.

[00:10:14]Who Who is Who is the charges in regards to a an ex or a relationship or who? His mother.

[00:10:23]Who is the >> That's why all of this is happening cuz his mother, my ex's mother, put her hands on my son. I don't have to whoop Michael. I don't I use the gentle parenting thing like >> And you're You're not You're not talking Are you talking Mr. Bertram's mother a different ex's mother?

[00:10:37]>> It's It's why I I'm all this criminal stuff in Roseville I'm facing is because of somebody I was dating this past summer, his mother. She put her hand on my son.

[00:10:49]Like how She put her hands on my son like she whooped my son. I don't even whoop my son. So, I immediately got my son and as much stuff as I can cuz we stayed there for 29 days cuz my neighbor It's been a lot of issues, but I always make sure that Michael is somewhere safe. I went there, and the second that I I told her like you're never going to put your hands on my son again, and no more of my car. I got to go in my car.

[00:11:14]She called the cops, and and they impounded my car. I was unaware of my license being suspended. I was told it was restricted. I couldn't drive past 10 or before 6:00 a.m.

[00:11:25]Okay, so let me So, let me ask this, and I'm not trying to start a further fight here.

[00:11:31]So, ma'am, are you are you against your grandson going back to his mom's? What are your thoughts about what you guys are going to say? So, you guys as a starting point, I can't over undo the the order right now of Judge Harrison. She's she's above me on the food chain. She's a judge. So, right now she entered a guardianship order terminating, ma'am, your parenting time on a temporary basis pending the July 10th hearing before Judge Harrison.

[00:11:55]But, ma'am, let me ask this. What is your feelings in the long run regarding Are you going to Are you going to talk to Judge and say you think your grandson is better with you? Are you open to him returning to his mom's? Or do you think mom has some issues she has to confront?

[00:12:11]And you're speaking to me, correct, Your Honor?

[00:12:14]>> Yeah. Yeah. Yeah.

[00:12:16]I think Michael's best Michael's in best interest right now are to stay with me. And the reason why I say that is because Gerald, I I do believe that she should be able to visit Michael at one point. I do believe that. But right now, um we told the CPS worker, Ms. Polino, that we could not be the people that do the visitation. That the court will have to appoint somebody. Um for one. For two Like these are two people that don't have no rights.

[00:12:51]Like he doesn't have rights to hurt a baby almost to death. He almost hurt a baby to death.

[00:12:56]This woman is just notoriously enough of crack. Look at her history. I don't have I'm I'm not on drugs. I just have I saw her do Just a second. Please, sir. Don't take my son from me and give him to these people.

[00:13:10]You you have to You have to listen to what I'm saying. I You have to like hear me out. Please, hear my voice as a single mom who has tried so hard. My boy is perfect.

[00:13:21]>> So, so let me ask this. So, why stop?

[00:13:25]Why is it okay for you let me ask you Let me ask stop. When I calm down take a breath.

[00:13:33]Nothing is nothing is none of these TWO PEOPLE WHO HAVE NO RIGHTS TO MY CHILD. WHEN I REACH OUT FOR HELP WHEN I'M actually having a hard time in a correct way, that's when YOU SHOULD VOLUNTEER NOT WHEN I need him the most. Me and my son have So so [clears throat] so stop. Let me ask a couple questions.

[00:13:52]Was your mom in collusion with this gentleman who took your son to the police station in April?

[00:14:00]I don't know what to They they left all of that out. They left all of that out. Stop. So stop. So so so they just came up with some scenario where he said I can't get a hold of Miss Cross. I'm going to go to the police station come meet me and pick. So you're saying this is all a calculated I know it's crazy So stop. Guys, if you guys can't listen to me and ma'am and take a breath, then I'm going to figure what is it like when you're not in a courtroom? Cuz if you can't take a pause and want to talk over me and everyone else, then what does that say about behavior? I may assume that They called the police and I take my call. Stop. You got a You got a bunch Let me tell you what you got a bunch of charges that aren't related to your mom or Mr. Burton. I understand that.

[00:14:43]My I never ever left my son. Not I never ever. Michael Ma'am, listen.

[00:14:49]If you're I'm trying to make I'm trying to make a point of the law, but you're not listening.

[00:14:57]So Why is it okay for your mom stop. Why is it okay for your mom to be available to help you when you got to get lawyers and stuff this legal stuff, but now she's a crack addict horrible person who's not good enough to have your son. I said that I You understand the contradiction there? I do understand that your honor and can I respond?

[00:15:19]I said that I appreciated her, but at that same time and I have all the text messages where I can go and print it out if I have to. I never wanted her to keep Michael longer than that. And whenever she did ask me, it was literally like she already knew that I had that appointment.

[00:15:34]>> Why do you Why do you Why do you think she wants to take your son from you? Why do you think your mom wants to take your grandson? It's a It's a meal ticket for her.

[00:15:43]She did the same same thing that she's going to do to my son to me when I was four or five. And my my son's father can vouch for that. She put him on pills, get him on a social security check, and then she goes back on her drugs. I'm not doing that.

[00:15:55]I don't even vaccinate my child.

[00:15:57]But But ma'am, you can ask the CPS worker, your mom said she didn't call CPS. They called her.

[00:16:03]>> worker told me that the only people that's ever called CPS on me is my mother.

[00:16:08]That's the one I'll tell you. I don't know what the CPS lady she's talking to because I have Well, well, well, let me tell you what. If the CPS lady says Okay.

[00:16:17]Can I see my son? Like this is not helping for him or her.

[00:16:21]>> you listening to Are you listening to me? I am not a judge.

[00:16:25]>> to take herself off of the child registry to get this to happen. She had to take herself off of the child All right. So guys, ma'am, if [clears throat] if you if you don't listen, I'm going to mute you guys so I can talk cuz I'm going to make my recommendation. You guys will have 21 days to object. You'll get the objection procedure along with my recommendation.

[00:16:43]At an objection hearing, the Honorable Terry Lynn Dennings may uphold my order or change all Judge Dennings is the boss of your case.

[00:16:51]Right now, you have a jurisdictional issue. You have concurrent jurisdiction between the family judge and the probate judge. Now, that's legal terms, but right now as a referee, I'm not I don't have the power to undo a judge's order.

[00:17:03]So, Judge Harrison's order right now stands until July 10th when you see her.

[00:17:08]So, my advice is to if I And I don't usually give advice, you need to appear before Judge Harrison and make your case to Judge Harrison because right now she is in control and has exercised power over your case and issued a May 31st order that said no parenting time. You need to show up in front of Judge Harrison on that and talk to her about that. I'm adjourning this hearing to the next week to see what Judge Harrison does.

[00:17:31]Which is jurisdiction and says only able to let and we're good to go.

[00:17:37]She may say "I'm I'm upholding the guardianship and the custody be sent over to me." So she may say "I'm going to relinquish it, family court, you deal with it. Judge Dennings is the one who should handle it." Or she may say "I'm guardianship. I want the custody case over here and that's going to be for her to decide on July 10th."

[00:17:56]So I'm going to adjourn this hearing to the week after July 10th to July 17th so Judge Harrison can make a ruling of whether she's going to hear it, whether she's going to uphold the guardianship.

[00:18:07]If not, she may set a hearing on the guardianship. Um and then she'll decide if she wants the custody case assigned to her so long as the guardianship is in order. Or she may confer with Judge Dennings of whether she's going to send it back. But right now I don't have the power to undo the order of a judge. Can I see the order?

[00:18:25]>> talk to Judge I can't undo the judge's order that says right now none unless you and your mom work out some kind of time. That's what I mean. She said that.

[00:18:34]>> Stop. Listen Listen. But right now you guys are so hostile it's probably not a good idea to come into contact with each other. And you have the law enforcement there.

[00:18:42]>> a hug and let him know I'm not not going away forever. Like I'm going to leave him like his dad. She wants If she wants to let you guys talk, respectfully take it up with your mom on the phone.

[00:18:53]>> phone. She won't answer the phone and then it's a harassment.

[00:18:56]>> I'm going to I'm going to make my recommendation and you have You have 21 days to object and get in front of the judge. Maybe you want to do that.

[00:19:03]Objecting is your right. I don't get mad. The judge doesn't get mad. And maybe you need One of you should object and get before Judge Dennings. Otherwise you for sure need to be in front of Judge Harrison on July 10th. So, my Iraq is as Stop. Judge Switalski that did that.

[00:19:17]You don't have a judge.

[00:19:19]Guys, stop. Yes, guys, stop talking when I talk. None of this makes sense. All right, I'm just going to I'm just going to mute you.

[00:19:28]Guys, your former judge Judge Mark Switalski retired a year ago.

[00:19:34]A new judge took the bench. That is Terri Lynn Denning. Your judge is Terri Lynn Denning. You can Google her, you can look her up. She's a very light nice lady.

[00:19:42]>> that Michael gave me has Matthew Switalski on it. So, that was from a year ago that he gave me at 11:30 at night drunk. Guys, your your current case right now is Terri Lynn Denning.

[00:19:53]Mhm. So, I don't know what happened a year ago, but your Judge Sandy Harrison is the probate judge. We will send you This is what I'll do. If you say you don't have a copy of this order, I will send you a copy of this order dated May 31st from Sandra Harrison pursuant to probate number 2023-245548-GM.

[00:20:11]I'm going to send you, ma'am, a copy.

[00:20:12]Sir, do you have a copy of this order?

[00:20:14]Yeah, yes, I do. Mom, can I see my copy?

[00:20:16]>> send you I'll send you one, too. Stop.

[00:20:19]I'm talking.

[00:20:21]All right, so one, plaintiff's motion regarding custody is adjourned to Monday, July 17th, 2023 at 1:30 p.m.

[00:20:39]for the reason that there is currently a hearing scheduled for July 10th, 2023 before the Honorable Sandra A. Harrison in the Macomb County Probate Court pursuant to case number 23 -245548-GM.

[00:21:05]I didn't understand. A May 31st 2023 order of the Probate Court placed the parties minor son Michael, age Or is that correct or five?

[00:21:18]He'll be five. That's correct.

[00:21:20]Okay, age four.

[00:21:22]In the care of maternal grandmother, Tamara Fugate?

[00:21:27]If I said that wrong, I apologize.

[00:21:29]Fugate. I'm sorry. I For some reason I'm having a hard time with that. I apologize. Fugate.

[00:21:34]Um and suspended parenting time with natural mother.

[00:21:40]What I'm not understanding.

[00:21:43]When the Probate Court the the Probate Court talks in terms of natural mother, natural father, that's just a terminology they use for probate uh probate proceedings. No, I heard that before.

[00:21:53]>> you look at the order when you when you see the order, so when you see reasonable visitation with NF, that means natural father. When you see on the order visitation with with {slash} NM, that's with natural mother.

[00:22:04]>> wasn't asking about that. I was asking about the suspension of parenting time.

[00:22:07]All I want to do is see my kids. Okay, ma'am. Ma'am, I'm telling you the judge I understand that you want to see your son, but a judge on May 31st. So you're going to have to make sure to appear with Judge Harrison. Is she doing that via Zoom, guys, or is that via in person? How are you guys doing that?

[00:22:26]In person, sir. I don't have a license, so it has to be via Zoom. I'm not going to be late >> Ma'am. Ma'am. Ma'am.

[00:22:34]You can't Ma'am, if you have any Call the Probate Court because I can't give you permission to You can't tell them to do it via Zoom. Harrison, you're going to be here.

[00:22:44]Okay.

[00:22:45]I'll be there. What What city do you live?

[00:22:48]Warren.

[00:22:50]Okay, so Warren's not that far away to be able to find a way to get here by by by bus or something. Just make sure But if you want to see if Judge will let you be via Zoom, you're going to have to call the Probate Court.

[00:23:01]Um and ask Judge Harrison's staff You She has a clerk, you can call there and see if they will give you any appearing in person. That's up to you to figure out. If the judge says no, then she's the boss. You got to come in person.

[00:23:14]All right. So, I'm going to indicate that right now there's this order to um Should the guardianship be upheld by the probate court on July 10th?

[00:23:33]Uh Judge Harrison shall decide if she wants the custody case assign the custody matter assigned to her or like it to proceed with Judge Dennings. And guys, that's just a note. I'm going to send this over to the probate court.

[00:23:49]But basically, make sure you appear up I'm going to put three Both parties um and the guardian were strongly advised to appear at the July 10th, 2023 hearing to express their position to Judge Harrison.

[00:24:05]Am I Your Honor, am I allowed to bring um like my support that I have like friends, family? Am I allowed to bring them to speak on my behalf?

[00:24:15]Uh you can bring people. I can't assure you that the judge will let them talk, but people third parties are allowed to come to the court. The judge has a large courtroom. They can sit there. It's up to her to decide if she'll let you call witnesses or not. But you don't get in trouble if you bring people, but it's up to the judge to decide um how many people can be in her courtroom and whether or not you can call them as witnesses. But if they want to come um and you can inquire as to Judge Judge Harrison's staff. You call there and say I want to bring people.

[00:24:44]Yeah.

[00:24:50]So, I was just wondering how like how she's going to take care of Michael um and like stuff. She's like older and she has like a lot of health issues. Well, how how old is whole? So, ma'am, how old are you, ma'am? How old are you, ma'am?

[00:25:03]>> I'm 50 sir.

[00:25:05]Yes, she's got a lot of health issues.

[00:25:07]Like she can't breathe barely.

[00:25:09]>> Can you say ma'am, you said you said you said 50?

[00:25:14]I'm 53, sir.

[00:25:16]11 8 1959, I think.

[00:25:19]Okay, so I guess I'm old too cuz I'm 53 too. So, I guess I'm really old as well.

[00:25:23]So, No, I didn't mean it like that. I didn't mean it like that. I didn't mean it like that. I meant like when I did would reach out to my mom for help or something cuz she has not been helpful whatsoever. Just She's just So, she she she already went and No, no, she's just been acting like that.

[00:25:39]So, ma'am, ma'am, you can you can you my advice is to tell Judge Judge Harrison.

[00:25:48]Tell Judge Harrison on July 10th. of her life and stole my social security checks my whole life. And and and does and that's what she's putting through to my son. And why are you giving her ex-husband living in that home with her?

[00:26:01]Okay, take that up with Judge Harrison on July 10th. Take take that up with Judge Harrison. Take a notepad, make sure you write down everything you want to tell her. This is for Mr. Burcham.

[00:26:11]This is for your mom. Put down on that notepad everything all the points you want to take up to Judge Harrison on July 10th.

[00:26:16]July 10th. So, basically I have to go spend more money hiring an attorney and sue the [ __ ] out of my mother. You don't I don't give legal advice.

[00:26:26]Well, All right. So, you guys you both have 21 days to object. We're going to email you a copy of this order and the objection procedure. Any procedural questions on how to address orders. Do you want to verify it?

[00:26:37]report. With respect to the report, are there any additions, deletions, or corrections on behalf of the people?

[00:26:43]There's just a correction on page one under original charges to be operating while intoxicated, second offense notice.

[00:26:50]Uh previously agreement that was withdrawn, and final charges were offered in my opinion.

[00:26:55]All right, Ms. Stevenson. Thank you, Your Honor. Ms. Askew has had the opportunity to review the pre-sentence investigation report. We do find it to be factually correct. We have no additions or deletions, and she stands ready for sentence.

[00:27:14]I can barely see Ms. Askew.

[00:27:20]I need you to really turn towards the sun if you can. My bad.

[00:27:29]Thank you.

[00:27:31]All right, today's Is there anything with respect to sentencing on behalf of the people?

[00:27:36]Nothing on behalf of the people, sir. On behalf of the defense?

[00:27:40]>> On behalf of Ms. Askew, Your Honor, she is actively working toward resolution of that outstanding matter. I believe it's a filing to announce runner from June of this year.

[00:27:52]Ms. Askew is ready, willing, and able to finally move forward with this case. I hope that she's had a profitable conversation with Mr. Green, Your Honor, so that she can finally put this case after about 3 years of working on it with me behind her.

[00:28:09]Mr. Green, you had an opportunity to speak with Ms. Askew?

[00:28:13]Yes, Your Honor, I had the opportunity to speak with Ms. Askew. However, I was unable to complete the screening because Ms. Askew explained the program to Ms. Askew. She did not feel that this program was that she was going to be compliant in the program and be able to complete it.

[00:28:29]Um and at that time, I asked her, "Well, should we continue the intake?" And she disagreed, and we did not finish.

[00:28:38]Okay. Ma'am You may cuz I'm ready to sentence. All right, so um I don't know that I had the opportunity to explain to Miss Askew that um I know we talked about it before, but that sentencing is within the province of the court.

[00:28:57]Um and I believe with this particular referral um that it can be a mandatory program.

[00:29:05]So, it can be and it is and it's going to need to be mental health treatment court or jail. I just want to know which one she prefers.

[00:29:12]>> I know Miss Askew does not want to go to jail here.

[00:29:16]All right. Then it's she she's going to go to to mental health treatment court or she's going to go to jail.

[00:29:24]And she if she's not going to be successful in mental health treatment court, she's not going to be successful in here. Therefore, what's the use of me putting her on a probation that she won't be successful on if she's already told them she won't be successful.

[00:29:39]So, the alternative to probation is jail.

[00:29:44]Miss Askew, do you want to go back and talk to Mr. Green or do you want me to tell >> No, I just want to get this over with.

[00:29:50]I'M AT WORK. I'M JUST OVER THIS. LIKE I will talk to Mr. Green tomorrow or something.

[00:29:56]I'm over it, too.

[00:29:59]I'm at work, too.

[00:30:01]Okay, cool. You're sitting there. Like I have stuff to do AT MY WORK. I CAN'T JUST SIT THERE AND WORK. ALL RIGHT. I'm telling her she doesn't have to go back in with Mr. Green. Mr. Green, thank you. I'm going to sentence Miss Askew to 93 days in the Wayne County Jail. She's going to report for jail tomorrow morning.

[00:30:19]>> What about work? I have a little baby.

[00:30:22]No.

[00:30:24]That report is at 9:00 a.m. tomorrow morning. Otherwise, a warrant goes out for her arrest. Anything further?

[00:30:30]>> Your Honor, is the report to the court or to the It don't matter cuz she laughing.

[00:30:35]So, it's to the court, but she laughing.

[00:30:37]Okay, thank you, Mr. Green. Thank you, Your Honor.

[00:30:41]Have a great day. Stay safe.

[00:30:44]The defendant plead not guilty to one count of vehicular homicide and manslaughter, a first degree misdemeanor in violation of section 537.02 A1A of the Conneaut City ordinances.

[00:30:59]We are scheduled today for first pre-trial conference. Mr. Mulkern is present. He's accompanied by his attorney, Jason Fairchild. Also present is Law Director John Lewis.

[00:31:12]Mr. Lewis, the court is in receipt of a pre-trial report.

[00:31:16]Thank you, Your Honor.

[00:31:17]Prior to going on the record, I had a conversation with uh members of the decedent's family uh including his wife, Julie, uh his two daughters uh Courtney and Jamie. Uh they're all present in the courtroom at this time.

[00:31:36]Uh based on that conversation and my conversations uh with Mr. Fairchild uh the offer that's been extended to Mr. Mulkern today would be to amend the charge uh to vehicular manslaughter uh under uh ordinance 537.02 A2.

[00:31:59]That would reduce it to a second degree misdemeanor.

[00:32:03]With a guilty plea to that charge, Your Honor, uh the city uh would recommend probation supervised probation, uh whatever fine the court would deem appropriate uh along with the court costs of the case uh and also uh what whatever uh length of uh driver's license suspension the court would deem appropriate to impose.

[00:32:30]Uh based on my conversation with Mr. Fairchild uh he's willing uh uh, to accept the amended charge.

[00:32:38]Uh the offer on the amended charge of should the court permit the amendment.

[00:32:42]Thank Thank you.

[00:32:46]Um, before I inquire of Mr. Fairchild, I do have to inquire of Ms. Tupa and the two daughters, the family members. Who is the spokesperson?

[00:32:57]Okay.

[00:32:59]Uh, Ms. Tupa, uh, Mr. Lewis has just outlined the terms of the proposed resolution where the original charge would be amended from a first-degree misdemeanor to a second-degree misdemeanor.

[00:33:12]Um, are you and the family in favor of that proposal? Yes.

[00:33:19]Thank you.

[00:33:21]Mr. Fairchild.

[00:33:23]Your, uh, as was uh, recited by Mr. Lewis, that is what was proposed and this Mr. Mulhearn is, um, willing to change his, uh, not guilty plea to a plea of guilty to the charge as amended.

[00:33:36]Um, with respect to the, uh, recommendation for sentencing, we would ask the court to, uh, adopt the state or the city's position. The only, uh, with respect to probation, Mr. Mulhearn does, um, reside in New York. So, a supervised probation create somewhat of a issue for him. If there is a term of probation, it could be non-reporting only because he does live in New York.

[00:34:03]Uh, he is in the Army National Guard. I would indicate to the court that, um, we do have, if the court wants to review, I have a letter from his, uh, commanding officer that attests to his character and obviously this is a tragic accident that happened and we're certainly, uh, sorry for the loss and our condolences go out to the family.

[00:34:26]Um, there was no, you know, no intent here at all.

[00:34:31]Uh, I think that, uh, everyone knows that intersection here on Route 7 and 90. It can get pretty hectic up there.

[00:34:41]It's not an excuse, obviously, but it's it's a reality.

[00:34:45]So, we would ask the court to not impose any jail and to consider a non-reporting probation. With respect to the driver's license, I did do a little bit of looking at the ordinance.

[00:34:59]The The city's ordinance, the equivalent under the Ohio Revised Code is 2903.06 A4, which is a second-degree misdemeanor. And when you look at what is to be imposed under 4510.02 for such a violation, they it's a class six suspension from 3 months to 2 years.

[00:35:19]We would ask the court to consider the minimum 3 months, recognizing that it has to impose some suspension, but also recognizing that this wasn't a situation where you had a young kid out there joyriding, speeding, driving erratically, or whatever.

[00:35:37]And we would also request, because he does have a New York license, that the court consider granting occupational privileges on that suspension, so that when he He has to drive in Ohio during that time for purposes, that he's able to do so.

[00:35:54]Thank you.

[00:36:01]Okay, Mr. Mulkern, it's my understanding today that you wish to enter a guilty plea to an amended charge of vehicular manslaughter, a second-degree misdemeanor, and a violation of section 537.02 A2 of the Conneaut City Ordinances. Is that what you wish to do by Mr. Fairchild.

[00:36:22]Have you had sufficient time to consult with him, and are you satisfied with his counsel? I am satisfied your honor.

[00:36:29]Are you currently under the influence of any drugs, alcohol, or prescription medications that might affect your thinking?

[00:36:37]No, your honor.

[00:36:38]Are you currently on probation, parole, community control, or post-release control with any court? No, your honor.

[00:36:46]I'm going to provide to you, Mr. Fairchild, a written waiver of trial rights and right to a jury trial and acknowledgement of the effective plea.

[00:36:53]If you find that document acceptable, you can sign and date at the bottom.

[00:37:00]The court The court finds that Mr. Mulkern current and his attorney have executed in open court the written waiver.

[00:37:10]Court has a tent is hesitant to allow this amendment to go forward, but based on indications by Mr. Tuba on behalf of the family, the court will accept the amended charge.

[00:37:23]I do find the defendant's plea of guilty to the amended charge to be knowing, voluntary, and intelligent.

[00:37:30]Court will accept the guilty plea to the amended charge, and I will therefore find him guilty of vehicular manslaughter in the second degree misdemeanor.

[00:37:40]Counsel, are the parties ready to proceed with sentencing today?

[00:37:44]Yes, your honor. Yes, your honor. Okay.

[00:37:47]Mr. Fairchild, is there anything you or your client would like to say at this time before I impose sentence? Your honor, I agree I did I was with him. Mr. Mulkern has no prior criminal history.

[00:37:58]Um again, this this was on his way to work and he was uh stopping off to refill and get lunch when this accident happened. Um he's not from this area, so we've asked the court to take that into consideration and accept the state's uh recommended sentence with the exception of the supervised probation only because it doesn't Thank you.

[00:38:21]Mr. Mulkern, is there anything you would like to say at this time before I impose sentence?

[00:38:26]I just like to say I'm really sorry.

[00:38:29]And I wish to express my deepest and sole condolences to the family.

[00:38:39]Thank you.

[00:38:40]Mr. Lewis.

[00:38:42]Uh thank you, Your Honor. Just briefly, uh the the accident occurred at the intersection of State Route 7 and Route 90.

[00:38:53]Uh Mr. Mulkern was uh traveling westbound on Interstate 90.

[00:38:58]Uh got off at the uh exit ramp to State Route 7.

[00:39:02]Um the other vehicle uh with with the uh Mr. and Mrs. Tupper in the vehicle, uh Julie was driving that vehicle, Your Honor.

[00:39:11]Uh her husband was a passenger in the front seat.

[00:39:15]Uh Mr. Mulkern pulled out in front of their vehicle. They were uh uh uh and they were unable to avoid striking uh Mr. Mulkern's vehicle.

[00:39:25]Uh and uh Mr. Tupper died as a result of the accident, Your Honor.

[00:39:33]Um Uh as I said, uh Julie, the uh the driver and and wife of uh Mr. Tupper and also uh two two of the daughters, uh Courtney Tupper and uh Jamie are present in the court along with some other family members.

[00:39:54]Um and I believe that they would uh like to make a statement at this time.

[00:39:59]Thank you.

[00:40:00]Thank you.

[00:40:04]I'll allow family members to make a statement at this time. Who would like to go first?

[00:40:12]You can state your If you could state your name before you start speaking.

[00:40:15]Yes, my name's Courtney Tubbs.

[00:40:19]Could could you I'm sorry, could you say that last name again? Tubbs. I'm sorry, I didn't hear you.

[00:40:24]Sorry. Go Go ahead. I'm the daughter of Jim, known to so many as Tubbs, the man whose life was taken in this tragic accident.

[00:40:32]Standing here today, I'm just forced to speak for my dad, who can no longer speak for himself. I'm struggling to find the words of for anger and grief, overwhelming emptiness that have consumed me since my dad was taken from us. No words can fully capture the pain of losing someone who was my rock and my hero.

[00:40:51]My father, Jim, was a devoted sports dad and grandfather, the kind who never missed a single game or event.

[00:40:59]Whichever child was on the field, he was on the sidelines cheering louder than anyone, and proud smile that made us all feel unstoppable.

[00:41:07]Those memories are now bittersweet because I'll never see him in the stands again, clapping or shouting words of encouragement.

[00:41:15]I am angry. Angry that a careless act took my father away. Angry that I have to face a future without his guidance, his laughter, and support.

[00:41:25]I'm also upset that no words or actions can bring my dad back. I miss him every day.

[00:41:31]This grief is constantly reopened by every milestone that he'll never witness.

[00:41:37]I want you to understand that the depth of what of the actions that caused, even if it was an accident, those choices left a permanent void in my life. I've lost not just my father, but a future we were supposed to share together. Games, celebrations, special moments as I, his daughter, will never have.

[00:41:58]I hope this weight will not destroy you, but just remind you to live with greater care so no one else has to endure the pain.

[00:42:06]Thank you for hearing me today.

[00:42:10]Thank you.

[00:42:13]I'm Jamie Miller. I'm reading on behalf of my brother.

[00:42:20]He lives in Kentucky.

[00:42:24]Your Honor, thank you for allowing this to be read in his my absence.

[00:42:28]My name is Aaron Foscardo. I am Jim's son. No words can truly express the devastation my family and I have endured and joined since the tragic and untimely death of our father.

[00:42:40]His life was taken from us because of the careless actions and reckless driving of by an individual. My father was more than just a parent to my siblings and I.

[00:42:49]He was a husband to Julie, a papa, a grandpa, and a pawpaw to his grandkids.

[00:42:56]A brother, a son, a baseball coach to just so many youths in different areas. His life was bigger than just his immediate family. The communities he lived in [snorts] were his extended family and his absence has been left has left a void that nothing can fill.

[00:43:13]Every day we remember what was taken from us.

[00:43:16]We no longer have his laughter at family gatherings, his advice, even when we didn't ask for it.

[00:43:24]No more random phone calls to talk about nothing and everything all at the same time.

[00:43:29]No more surprise visits to his house and watching his eyes water up when he'd see me and knowing I was coming.

[00:43:37]>> [snorts] >> No more pictures being taken.

[00:43:40]Now we have birthdays, holidays, and ordinary days when they are marked by profound emptiness. The trauma of this loss is a burden we carry daily, mostly in sleepless nights, unwanted anxiety, and the ache of grief that never fully goes away.

[00:43:55]Your Honor, while no decision you make can bring our father back, I ask that you consider the depth of our loss and the irreplaceable person who was taken away from us. I hope the court will hold the defendant fully accountable. Not only to seek justice for my father, but to send a clear message that reckless and careless driving has real life consequences and it destroys the life lives and shatters families. Thank you for listening to my family's pain and for honoring the memory of a man who was deeply loved and cherished forever more.

[00:44:28]Thank you.

[00:44:31]Anyone else?

[00:44:34]I'm Julie Smith.

[00:44:36]I would like to read a statement for my son first.

[00:44:51]While I wasn't directly involved in this accident, I feel its direct impact every day.

[00:44:58]My stepfather and I were close in the usual sense.

[00:45:03]We didn't speak daily, weekly, or even monthly.

[00:45:07]We came into each other's lives during my formative high school years.

[00:45:13]And that brought about the typical parent-child relationship.

[00:45:17]The child's brooding, the parents to talk with friends and then being an independent high school schooler.

[00:45:26]Yeah.

[00:45:29]He acted as my confident father figure to all for over half my life and I feel his absence daily.

[00:45:40]He taught me the security of having a strong father figure in my life.

[00:45:45]Just 17 years, and really 14 before I realized his love for me.

[00:45:53]After finally experiencing that phenomenon, the awareness that his wisdom could guide me through life's most challenging, or seemingly simplistic moments, even if I rarely had to ask, was priceless.

[00:46:09]We didn't always say everything we felt, but when it had been a while, he squeezed me tighter when we hugged, and we both understood each other.

[00:46:20]But I'll always have those memories, and I know he's still with all of us.

[00:46:28]His physical presence presence was undeniable. He lit up every room, provided my mother and me with the happiest days of our lives.

[00:46:38]He also changed my perception of family.

[00:46:42]Rooms are different.

[00:46:49]And the return to the happiest days of my life seem too distant now.

[00:46:54]God is my peace of mind that my mother had someone by her side. Not for protection or assurance, but simply to exist with.

[00:47:04]It's a partnership and love.

[00:47:08]She must have cherished many moons looking on their family.

[00:47:15]Attending and coaching my baseball games at first, with his grandchildren, grandchildren's sports, everything.

[00:47:26]Um, the coaching extended past my eligibility to team, speaking to how much he cared about focusing on.

[00:47:35]I don't mean his own.

[00:47:38]>> [snorts] >> Speaking for I can't see it anymore.

[00:48:02]>> his own with the kids in the suburban communities.

[00:48:05]My parents were finally slowing down and focusing on each other. It's gut-wrenching to think of the time my mother has now lost with her person.

[00:48:15]Time is tricky. We never know how much we have left with someone, but the cost of this event was not only life, but a lively spirit who was ready to spend the rest of his life devoted to his family.

[00:48:27]My mom especially, and bring joy to everyone he touched.

[00:48:31]Time might not have been on his side, but he wasn't nearing his ex- its expiration.

[00:48:37]The unfairness of the current reality, the one we're left wishing we had more time, keeps me up at night.

[00:48:43]Death is a part of a life part of life.

[00:48:46]I'd imagine losing a parent is always very difficult, but suddenly and unnecessarily losing a parent due to someone else's actions is the most challenging thing I've ever experienced.

[00:48:57]I have Jacob with me all the time when I'm not thinking of him, wondering what he'd say about his grandson's baseball tournament successes, or how the Browns and Raiders drafted, or how many [snorts] times I should have expressed how much he meant to me.

[00:49:11]I thought I had more time to do that.

[00:49:14]Years of laughs and life lessons to learn.

[00:49:17]I know he knew, but I think he would have liked to hear me say it.

[00:49:21]Gone is that opportunity.

[00:49:23]I hope the driver of the vehicle finds the peace he took away from me and my family, and one I do not wish ill upon him. I'd imagine this has been challenging for him, too.

[00:49:34]However, I do hope he is held accountable to the fullest extent for the act that took so much from us. Thank you for your time. Question begins.

[00:49:47]Thank you.

[00:49:48]I would also like to say that I hope that this this changed you as well.

[00:49:59]This hurt.

[00:50:05]I hope it makes you more cautious when you're driving.

[00:50:14]I have to relive this moment every day.

[00:50:20]And all of the hospital I relive that. I relive the phone call that I got.

[00:50:27]Because I wasn't there with him.

[00:50:30]He died alone.

[00:50:34]Because he wanted me to go home ahead of this.

[00:50:41]He was the love of my life.

[00:50:46]The love of my life. It took me so long to find.

[00:50:54]And we had 17 years.

[00:50:58]And I'm grateful for 17 years, but I wanted more.

[00:51:12]Your Honor, I'm asking you we agreed to lower the charge so we can have the guilty plea, but I want the maximum.

[00:51:26]I want the supervised probation. I want the license suspension.

[00:51:32]Because it's not enough.

[00:51:34]It's not enough.

[00:51:39]So, if you could do that, I would appreciate it.

[00:51:44]And [snorts] thank you for letting me speak.

[00:51:48]Thank you, Mr. Fairchild. Do you have any response to any of that?

[00:51:54]Your honor, only that we truly are sorry that this occurred.

[00:52:00]Mr. Mulkearn, like I said, was not familiar with the area. That is a dangerous intersection. It is known throughout the community. It does not excuse it.

[00:52:08]Um We're sorry for the tragic loss. We would ask the court to accept the state's recommendation for the city's recommendation as far as sentencing.

[00:52:18]Again, with the supervised probation.

[00:52:22]Obviously, if that's what the court imposes, that's what the court imposes.

[00:52:25]It's just that he lives in New York and it makes it somewhat difficult, but um depending on how often he would have to report or whatever. So, we would ask the court to accept the city's recommendation.

[00:52:41]>> [clears throat] >> Well, I'm a man of faith.

[00:52:49]And as I hear everything today, I I have to rely on um the divine wisdom that I don't have.

[00:53:06]These are very difficult cases.

[00:53:09]Um For many years, I represented like Mr. Fairchild, people who were in similar situations. I've prosecuted people who've done similar things.

[00:53:23]While I understand Mr. Mulkearn is not familiar with Conneaut, and I do understand that that's a a an intersection that needs some some traffic better traffic development.

[00:53:40]Um Indeed, it needs a traffic light.

[00:53:44]Um, you know, a life was taken.

[00:53:50]And a second-degree misdemeanor is is all that Mr. McKern McKern um has really been convicted of.

[00:54:03]He is going to receive the maximum 90 days in jail. He will be transported to the city jail.

[00:54:09]He will receive a fine of $750 plus court costs. He will receive the maximum 2 years of license suspension. I will give him limited driving privileges upon proof of financial responsibility and other supporting documentation.

[00:54:24]Mr. McKern has the right to appeal. He has the right to appeal without costs.

[00:54:28]He has the right to have counsel appointed on appeal without costs. He has the right to have documents necessary to file an appeal without costs. And he has the right to have a notice of appeal timely filed.

[00:54:41]Is there anything further, Mr. Lewis?

[00:54:43]Yes.

[00:54:43]>> [snorts] >> Can you say >> Your honor, I believe there's an exception. If you'll allow me to explain, if you'll give me that opportunity. It's a hectic day today.

[00:54:54]More paper here than buying a house. I Well, I guess you're signing for the big house. You are.

[00:55:00]Maybe.

[00:55:01]Sometimes it's not a matter >> Amazing. Yeah, how much paperwork.

[00:55:05]All right. We're going to go on the record. Court is calling 2024 CR 010059 State versus Jesse Moreno. Can I have parties announce? State? All right.

[00:55:17]Jesse, do you have anything to say? Good morning, ma'am. Be happy Mr. Moreno. Mr. Moreno on bond, present, ready for plea, judge. All right. And you, Mr. Moreno?

[00:55:26]Yes, ma'am.

[00:55:26]All right. You need to make sure you speak up. All right.

[00:55:29]Counsel, have you received all discovery? I have, your honor. Did you review it with your client? We have, your honor. Court will find that the is in compliance with discovery. Mr. Moreno, did you review the document entitled application for deferred adjudication with your attorney? Did you understand it?

[00:55:43]>> Yes, ma'am. Did you sign it?

[00:55:45]>> Yes, ma'am. Did you review the true bill of indictment with your attorney? Did you understand it?

[00:55:49]>> Counsel, do you waive the reading of the indictment?

[00:55:51]>> We do, Your Honor. State, are you proceeding on the indictment as presented?

[00:56:06]All right, did you um Did you review the document entitled court admonishments and defendant's waivers and affidavit of admonitions with your attorney? I did, Your Honor.

[00:56:17]Did you understand it and sign it in all the appropriate places?

[00:56:20]All right, the state is proceeding on the lesser included offense of possession of a controlled substance penalty group one over 400 g. Range of punishment is 10 years to 99 years or life in prison and up to $10,000 fine.

[00:56:33]If you have a plea with the state, the court does not have to follow your plea.

[00:56:36]If for any reason the court does not 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?

[00:56:45]>> Yes, ma'am. 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 would call and the right to remain silent?

[00:56:53]>> Yes, ma'am.

[00:56:54]Did you understand by entering this plea you were giving up those rights? Did you intend to give up those rights and enter into a plea in this case?

[00:57:02]Did you intend to give up those rights and enter into a plea bargain agreement in this case?

[00:57:08]Did you understand if the court would have granted your application for deferred adjudication, if for any reason your deferred adjudication were revoked, the court could sentence you up to life in prison and up to a $10,000 fine? Yes, ma'am. Counsel, has your client been able to provide you with any defenses?

[00:57:22]He has, Your Honor. Do you believe he has a rational as well as a factual understanding of the charges against him? I believe he does, Your Honor. Do you believe he's currently competent and was legally sane at the time of the offense. As to both issues. Mr. Moreno, has anyone threatened you, coerced you, or placed you in fear to get you to enter this plea? No. Anyone promise you anything other than the plea? No. Are you satisfied with the way you've been represented?

[00:57:44]>> Yes, ma'am. Are you a US citizen?

[00:57:45]>> Yes, ma'am. Court will find that defendant has knowingly and voluntarily waived his right to jury trial. Did you review the plea bargain page with your attorney? Did you understand it?

[00:57:53]According to the plea, the state is proceeding on the lesser included offense. Uh recommendation of deferred adjudication. They're taking into consideration AL 2150458.

[00:58:05]Did you understand that to be the plea?

[00:58:07]Defense is at the plea. It is, Your Honor. State is at the plea. It is. Did you review the waiver of appeal paragraph with your attorney? Did you understand it and sign it in both places? Did you understand by signing that you're waiving your right to appeal? The only items that can be appealed are written pretrial motions that have been filed, heard, and ruled upon by the court. Did you understand?

[00:58:25]Counsel, have there been any such motions? There have been none at this time heard or ruled on, Judge. Outside the agreement, the state is requesting that your community supervision be for a term of 6 years. There will be a TAP evaluation and drug offender education program and regular UAs. Did you understand those are recommendations from the state and the court does not have to follow those recommendations?

[00:58:45]Then to the offense as charged, the lesser included offense as charged, how do you plead?

[00:58:50]No contest. State, any evidence?

[00:58:54]We would give the documents and the drug test, Judge. No objection. Did you review the waiver and stipulations with your attorney? Did you understand it and sign it in all the appropriate places?

[00:59:03]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?

[00:59:13]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?

[00:59:21]>> Yes, ma'am. 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 1 and attachments to review the same.

[00:59:32]All right, after reviewing State's Exhibits 1 and attachments, the court will find there's sufficient evidence to find you guilty. Court will defer the finding of guilt as you applied for deferred adjudication. Are we proceeding with sentencing? We are, Your Honor.

[00:59:45]All right, and there is a reason for this offer, I'm assuming.

[00:59:51]So, why should I follow this? Well, first of all, Your Honor, my client >> [laughter] >> obviously has made serious mistake, Judge, and he's very contrite.

[01:00:02]I've known Well, Judge, actually. Not a mistake, choices.

[01:00:08]Amen, Judge. I'll use the word choice.

[01:00:09]>> All right, thank you. A poor choice, Judge, if I may qualify that. Secondly, and more importantly, Your Honor, I've counselled with him long and hard. I've known his family for a number of years.

[01:00:18]He has support, Your Honor, of his family.

[01:00:22]He understands the risk. He understands the significance of the 99-to-life possibility, Judge, and he understands the responsibilities that are necessary demonstrate to this court that he can and will uh become a productive citizen, Judge. I would ask the court to follow the 6 years deferred.

[01:00:47]He has employment, and he is capable, Your Honor, and I can assure you he is exceptionally nervous, Judge, at this point in time. But, I believe with his family, and we visited long and hard about this on at least three occasions for over an hour, Judge. I would ask that the court follow the agreement.

[01:01:12]Place him on deferred for 6 years, Your Honor, with the provisions the court would deem appropriate.

[01:01:17]And with that, Your Honor, I defer to the court.

[01:01:21]All right. What do you do for a living?

[01:01:23]I work in construction company.

[01:01:27]And how old are you? I'm 21. Do you have any children? No, ma'am.

[01:01:31]All right, this is what the court is going to do.

[01:01:34]Court is going to send you to 10 years deferred adjudication, 90 days in the Bear County Jail as condition of probation. That's to start today. Tappy evaluation will be take place in custody.

[01:01:45]Uh follow Tappy recommendations, regular reporting by Zoom or in person.

[01:01:49]Regular random UAs, proof of employment within 30 days of release, no employment as a home health care provider or minors. There's to be GPS upon release, waive fees.

[01:02:01]Uh and it will be partial GPS for employment only.

[01:02:08]200 hours of community service restitution.

[01:02:11]Take in consideration AL 21505.

[01:02:16]I'm sorry. AL 2150458.

[01:02:22]Uh probation and I'm going to want field visits one time per month for 6 months.

[01:02:27]Probation, is there anything else?

[01:02:30]Uh is there anything else that you need from the court to be successful?

[01:02:34]Can I speak with the person who said something?

[01:02:36]No.

[01:02:37]Can I talk to him though, judge, before you take him in the back?

[01:02:39]>> Just one second. Did you review the document entitled Trial Court Certification of Defendant's Rights to Appeal?

[01:02:46]Did you uh read that view that with your attorney? Did you understand it and sign it?

[01:02:50]All right, 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. Do you understand?

[01:03:00]All right, good luck to you.

[01:03:01]May I speak to him before you take him back?

[01:03:03]>> you can speak to him back there, because we have to recess. I I thought that's your job. I just wanted to be safe.

[01:03:09]I'm just Yeah, just one second. Excuse me, who are you?

[01:03:14]All right, and who is this?

[01:03:17]All right, so let me just tell you something.

[01:03:19]Do you know how many people die every day because somebody is selling drugs to them?

[01:03:24]A lot.

[01:03:26]He could be going to prison for 10 years. He is not.

[01:03:30]He is going to the Bear County Jail.

[01:03:32]He's been given probation.

[01:03:34]Other people who have used drugs that maybe he sold to them or that somebody else sold to them, you know where they are? They're dead.

[01:03:42]Because somebody is preying upon their weakness and somebody has gotten them addicted to drugs.

[01:03:52]So, if there are tears, there should be tears for the people who have died because somebody sold drugs to him.

[01:04:00]He's not going to prison.

[01:04:02]He's not He's at the Bear County Jail.

[01:04:04]He will be given probation.

[01:04:09]>> [snorts] >> So, if there are tears, cry for the people who have been found in the field, OD, got some bad drugs, or for the people who are trying to be clean and sober, but there's some dealer out there who keeps coming up to them and saying, "Just try it.

[01:04:26]Just only one time." Because they are building their happiness off someone else's misery.

[01:04:34]Yes.

[01:04:36]All right, thank you.

[01:04:37]>> Say something, Judge. No. No.

[01:04:44]All right, the court is calling 2024 CR1726, State of Texas versus Rogelio Valero Jr. Can I have parties announce for the record for the state? Christian Gary Angeloni. Defense.