He Thought He'd Walk Away Free After Stabbing Innocent People — Judge Had NO Plans On Letting Him Go

[00:00:00]Court is calling 2020 CR9281 State of Texas versus Junelious Crew.

[00:00:05]Can I have parties announced for the record for the state?

[00:00:07]>> Jason Gerhardt >> Defense?

[00:00:09]>> Eduardo Jimenez >> All right. And are you Mr. Crew?

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

[00:00:12]>> All right. Uh counsel, I'm showing you the discovery acknowledgement. Have you received all the discovery and did you review with your client?

[00:00:20]>> Yes, I have, your honor.

[00:00:21]>> Court will find that the state is in compliance with discovery. Mr. Crew, I'm showing you what's entitled true bill of indictment. Did you review that with your attorney? Did you understand it?

[00:00:28]>> Yes, ma'am.

[00:00:29]>> Counsel, do you waive the reading of the indictment?

[00:00:31]>> Yes, I do, your honor.

[00:00:32]>> State, are you proceeding on the indictment as presented?

[00:00:34]>> Uh yes, your honor. However, the state is waiving the habitual status.

[00:00:38]>> Any objection?

[00:00:39]>> No objection.

[00:00:42]>> Uh Mr. Crew, I'm showing you what's entitled court admonishments and defendant's waivers and affidavit of admonitions. Did you review that document with your attorney? Did you understand it? Did you sign it in all the appropriate places?

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

[00:00:53]>> Do you understand you're charged with aggravated assault with a deadly weapon?

[00:00:56]That's a second-degree felony. The range of punishment is anywhere from 2 to 20 years in prison and up to $10,000 fine.

[00:01:02]Did you understand?

[00:01:03]>> Yes, ma'am.

[00:01:04]>> 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 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?

[00:01:17]>> Yes, ma'am.

[00:01:18]>> 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?

[00:01:25]>> Yes, ma'am.

[00:01:26]>> Did you understand by entering this plea you were giving up those rights?

[00:01:29]>> Yes, ma'am.

[00:01:29]>> And did you intend to give up those rights and enter into a plea in this case?

[00:01:33]>> Yes, ma'am.

[00:01:33]>> Counsel, has your client been able to provide you with any defenses?

[00:01:36]>> Yes, he has, your honor.

[00:01:37]>> Do you believe he has a rational as well as a factual understanding of the charges against him?

[00:01:41]>> Yes, he does, ma'am.

[00:01:42]>> Do you believe he's currently competent and was legally sane at the time of the offense?

[00:01:45]>> Yes, I do.

[00:01:46]>> Mr. Crew, has anyone threatened you, coerced you, or placed you in fear to get you to enter this plea?

[00:01:50]>> No, ma'am.

[00:01:50]>> Has anyone promised you anything other than the plea?

[00:01:53]>> No, ma'am.

[00:01:53]>> Are you satisfied with the way you've been represented?

[00:01:56]>> It's roughly but I've got to accept it.

[00:01:59]>> Well, no. I mean, are you satisfied with the way you've been represented?

[00:02:02]>> No, ma'am, but I I wish to go forward with the plea, though.

[00:02:05]>> All right. Do you uh wish to continue with this attorney?

[00:02:09]>> No, ma'am.

[00:02:11]Well, far as Yes. Yeah.

[00:02:15]>> Oh, so you wish to go forward with this attorney?

[00:02:18]>> Yes, ma'am.

[00:02:18]>> And you wish to go forward with this plea?

[00:02:20]>> Yes, ma'am.

[00:02:21]>> And have a you had a chance to discuss this plea agreement in detail with your attorney?

[00:02:26]>> Yes, ma'am.

[00:02:27]>> And were you able to confer with your attorney and with the state?

[00:02:30]>> Yes, ma'am.

[00:02:31]>> All right. And do you wish to continue?

[00:02:32]>> Yes.

[00:02:33]>> Are you a US citizen?

[00:02:35]>> Yes, ma'am.

[00:02:35]>> 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?

[00:02:44]>> Yes, I did.

[00:02:45]>> According to the plea, punishment to be assessed at 20 years in the prison.

[00:02:48]There's an affirmative finding of deadly weapon. Court will take into consideration the following numbers, or the state will. 2020 9280 9282 9279 9278 9277 9276 9275 9288 9287 9286 9285 9284 9283 and 9289.

[00:03:20]Did you understand that to be the plea?

[00:03:21]>> Yes, ma'am.

[00:03:22]>> Defense is at the plea.

[00:03:23]>> It's correct, Your Honor.

[00:03:23]>> State is at the plea.

[00:03:25]>> It is, Your Honor.

[00:03:26]>> Showing you the paragraph entitled waiver of appeal paragraph, did you review that paragraph with your attorney? Did you understand it? Did you sign it in both places?

[00:03:33]>> Yes, ma'am.

[00:03:34]>> 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?

[00:03:45]>> Yes, ma'am.

[00:03:45]>> Counsel, have there been any such motion?

[00:03:47]>> No, there have not.

[00:03:48]>> And so the record is clear, Mr. Crew. My understanding, you wish to continue with this plea with the attorney who's present today. Is that correct?

[00:03:56]All right, then to the offenses charged, how do you plead guilty, not guilty, or no contest?

[00:04:01]>> No contest, Your Honor.

[00:04:02]>> State, any evidence?

[00:04:03]>> Proceed over State's Exhibit number one with the affidavit of charging.

[00:04:06]>> Any objection?

[00:04:09]>> No objection, Your Honor.

[00:04:10]>> All right, Mr. Crew, I'm showing you what's entitled waiver and consent to stipulation of testimony and stipulations. Did you review that document with your attorney? Did you understand it, and did you sign it in all the appropriate places?

[00:04:20]>> Yes, ma'am.

[00:04:21]>> Again, it's your understanding 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.

[00:04:30]>> Yes, ma'am.

[00:04:30]>> 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?

[00:04:40]>> Yes, ma'am.

[00:04:40]>> 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 and review the same.

[00:06:02]>> All right, after reviewing state's exhibits one and attachments, the court will find there's sufficient evidence to find you guilty and the court will find you guilty. Are we proceeding with sentencing?

[00:06:10]>> Yes, we are, Your Honor.

[00:06:11]>> Anything you wish to say on behalf of your client?

[00:06:13]>> No, Your Honor. We'll be signing.

[00:06:14]>> All right, the court will follow your agreement, sentence you to 20 years in prison, give you credit for any time served. There's an affirmative finding of deadly weapon.

[00:06:23]Taking consideration the following cause numbers 2020 CR 9280 9282 9279 9278 9277 9276 9275 9288 9287 9286 9285 9284 9283 9289 Is there anything else from either side with regards to sentencing?

[00:07:06]>> Nothing from the state, Your Honor.

[00:07:07]>> Nothing from the defense, Your Honor.

[00:07:08]>> Mr. Curry, I'm showing you what's entitled trial court certification of defendant's rights to appeal. Did you review that document with your attorney?

[00:07:15]Did you understand it and did you sign it?

[00:07:17]>> Yes, ma'am.

[00:07:18]>> 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?

[00:07:28]>> Yes, ma'am.

[00:07:28]>> All right. And 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 need to speak to an attorney. Do you understand?

[00:07:39]>> Yes, ma'am.

[00:07:40]>> All right, we can go off the record. How old are you, Mr. Pruitt?

[00:07:43]>> 39, I'll to in February 25th.

[00:07:46]>> All right, so you still have a lot of your life in front of you.

[00:07:49]>> Yes, ma'am.

[00:07:50]>> So, you're going to have to start making better choices. You're listed as a habitual. So, you know, if you come back and you know how this is Texas.

[00:08:01]So, you're going to have to do better.

[00:08:04]Is your mom still around?

[00:08:06]>> Yes, she is.

[00:08:07]>> All right, so you're going to have to be a better son for your mom.

[00:08:11]She's going to be dependent on you.

[00:08:12]>> I I was when you put me on probation, I did everything I was supposed to.

[00:08:17]>> Okay.

[00:08:18]>> But >> Well, you know what? My mom always would tell us and what my grandmother would tell us, too.

[00:08:26]Nothing good happens after midnight. So, we used to always try to be home at midnight. And you know, when everybody is saying, "Oh, what are you doing for New Year's Eve?" Our goal and our family is always for New Year's Eve is to make it to see the new year.

[00:08:40]>> Right.

[00:08:40]>> So, all the celebration where people go out for New Year's Eve, I never did that. I would sit at home. Maybe I'll be with my mom or my family. And we And we would say, "Hey, we made it to see the next year."

[00:08:53]But never out after midnight.

[00:08:58]>> Do you have any children?

[00:08:59]>> Yes, I do.

[00:09:00]>> What are their ages?

[00:09:01]>> I have four. Uh 20 Well, one will be 23, one will be 21, and I have two 11-year-olds.

[00:09:09]>> All right, and that The two 11-year-olds, are those twins?

[00:09:12]>> No, uh identical.

[00:09:14]>> Uh Well, at least you're owning it and claiming it.

[00:09:18]>> Yeah.

[00:09:18]>> But do better, right?

[00:09:21]We don't want this to be a Jay-Z and Beyoncé where she ends up writing a song about you.

[00:09:26]>> Right.

[00:09:27]>> But then maybe so, cuz she make millions for writing a song, right?

[00:09:31]But you take it easy and you have a good life. And I don't want to see you back here for this type of thing anymore. You understand?

[00:09:38]>> No, I'll definitely do better.

[00:09:39]>> Okay. All right, good luck to you, okay?

[00:09:42]>> Thank you.

[00:09:42]>> You're welcome.

[00:09:44]Uh court is calling 2022 CR7806 State of Texas versus Johnny Tejeda. Can I have parties announced for the record for the state?

[00:09:54]>> Jason Jordans for the state.

[00:09:55]>> Defense?

[00:09:56]>> Alex Shaw for Mr. Tejeda.

[00:09:58]>> And are you Mr. Tejeda?

[00:09:59]>> Yes, ma'am.

[00:10:00]>> Counsel, have you received all the discovery in this case and did you review it with your client?

[00:10:04]>> Yes, your honor.

[00:10:05]>> Court will find that the state is in compliance with discovery. Mr. Tejeda, I'm showing you what's entitled application for community supervision.

[00:10:11]Did you review that with your attorney?

[00:10:13]Did you understand it? And did you sign it?

[00:10:15]>> Yes, your honor.

[00:10:16]>> Next, I'm showing you what's entitled true bill of indictment. Did you review that with your attorney? Did you understand it?

[00:10:22]>> Yes, your honor.

[00:10:22]>> Counsel, do you waive the reading of the indictment?

[00:10:24]>> Yes, judge.

[00:10:25]>> State, are you proceeding on the indictment as presented?

[00:10:27]>> No, your honor. We're waiving count two and proceeding on count one.

[00:10:30]>> Any objection?

[00:10:31]>> No objection.

[00:10:35]>> Mr. Tejeda, I'm showing you what's entitled court admonishments and defendant's waivers and affidavit of admonitions. Did you review that document with your attorney? Did you understand it? Did you sign it in all the appropriate places?

[00:10:46]>> Yes, your honor.

[00:10:47]>> Did you understand in count one, you're charged with the offense of failure to stop and render aid resulting in death?

[00:10:53]That's a second degree felony. The range of punishment is anywhere from two to 20 years in prison and up to $10,000 fine.

[00:10:59]Did you understand?

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

[00:11:01]>> If you have a plea bargain agreement with the state, the court does not have to follow your agreement. If for any reason the court does not follow your agreement 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?

[00:11:15]>> Yes, your honor.

[00:11:15]>> 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?

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

[00:11:24]>> Did you understand that today I'm sorry.

[00:11:28]Did you understand by entering this plea you were giving up those rights?

[00:11:32]>> Yes, your honor.

[00:11:32]>> And did you intend to give up those rights and enter into a plea in this case?

[00:11:36]>> Yes, your honor.

[00:11:37]>> And did you understand uh in regards to your plea bargain agreement, the court does not have to follow that agreement?

[00:11:42]>> Yes, your honor.

[00:11:43]>> And if I don't follow that agreement uh and give you more than you bargained for, you can remove withdraw your plea.

[00:11:48]Did you understand?

[00:11:49]>> Yes, your honor.

[00:11:49]>> Counsel, has your client been able to provide you with any defenses?

[00:11:52]>> Yes, judge.

[00:11:53]>> Do you believe he has a rational as well as a factual understanding of the charges against him?

[00:11:56]>> I do believe that, yes.

[00:11:58]>> Do you believe he's currently competent was legally sane at the time of the offense?

[00:12:01]>> Yes, to both.

[00:12:02]>> Mr. Tejeda, has anyone threatened you or coerced you to your place in fear to get you to enter this plea?

[00:12:06]>> No, your honor.

[00:12:07]>> Has anyone promised you anything other than the plea?

[00:12:09]>> No, your honor.

[00:12:09]>> Are you satisfied with the way you've been represented?

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

[00:12:12]>> Are you a US citizen?

[00:12:13]>> Yes, your honor.

[00:12:14]>> 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?

[00:12:22]>> Yes, your honor.

[00:12:23]>> According to the plea, state is proceeding on count one, waiving count two.

[00:12:28]Punishment is to be assessed at 10 years in the prison. There's a $1,500 fine. No application for deferred adjudication.

[00:12:37]State recommends community supervision.

[00:12:39]They will take into consideration 2022 CR 7807, 2022 CR 7808.

[00:12:49]There's to be restitution uh payable to the next of kin for Dylan Trevino.

[00:12:56]Melissa Araujo A R A U J A and then payable to victims under 2020 CR 7807, Mario Ytuarte Y T U A R T E and 2022 CR 7808, Monica Bell. Did you understand that to be the plea?

[00:13:21]>> Yes, your honor.

[00:13:21]>> Defense?

[00:13:22]>> Yes, your honor.

[00:13:23]>> State?

[00:13:23]>> Yes, your honor.

[00:13:24]>> Showing you the paragraph entitled waiver of appeal paragraph, did you review that paragraph with your attorney?

[00:13:29]>> Yes, ma'am.

[00:13:29]>> Did you understand it? Did you sign it in both places?

[00:13:32]>> Yes, ma'am.

[00:13:32]>> 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?

[00:13:41]>> Yes, ma'am.

[00:13:42]>> Counsel, have there been any such motions?

[00:13:43]>> No.

[00:13:45]We haven't had any hearings on any motions.

[00:13:47]>> Next, I'm showing you outside the plea bargain agreement.

[00:13:50]State is requesting that your community supervision be for a term of 10 years, that you be a tap evaluation, 200 hours of community service, restitution, the MRT and regular UAs. Did you understand those are recommendations from the state and the court does not have to follow those recommendations?

[00:14:07]>> Yes, ma'am.

[00:14:08]>> Then to the offense as charged in count one, how do you plead? Guilty, not guilty, or no contest?

[00:14:14]>> No contest, ma'am.

[00:14:15]>> State, any evidence?

[00:14:16]>> Yes, your honor. The state offers state's exhibit one, the defendant's waivers and stipulation of evidence, as well as the discovery knowledge for this case.

[00:14:22]>> No objection.

[00:14:24]>> Mr. Tejeda, I'm showing you what's entitled waiver and consent to stipulation of testimony and stipulations. Did you review that document with your attorney? Did you understand it and did you sign it in all the appropriate places?

[00:14:36]>> Yes, your honor.

[00:14:37]>> 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?

[00:14:48]>> [clears throat] >> Yes, your honor.

[00:14:49]>> Did you understand that today the state would be presenting evidence in the form of witnesses' statements and police reports, but most importantly there will be no live testimony. Did you understand?

[00:15:00]>> Yes, your honor.

[00:15:01]>> Court will find the defendant has knowingly voluntarily waived and consented to stipulation of testimony and stipulations. Court will accept into evidence state's exhibits one and attachments and review the same.

[00:16:46]>> All right, after viewing state's exhibits one and attachments, the court will find there's sufficient evidence to find you guilty, and the court will find you guilty, and um State, have you had an opportunity to receive a date?

[00:16:59]>> Uh Your Honor, our next akin indicated that she'd be coming on any day, so sometime later this week should be fine, or at the court's convenience.

[00:17:07]>> Okay. Um does she want to come in um tomorrow or Thursday or Friday?

[00:17:16]>> Um just just give her some time. If we could do Thursday or Friday, Judge. Just make sure she can Oh, we're not >> I can't do Friday. I have a federal sentencing in Del Rio at in the morning.

[00:17:25]>> So then Thursday, Judge, if if the court's okay >> Is Thursday okay with you?

[00:17:29]>> I'll have to check my schedule, but I think it is. I'll we'll do that before I leave.

[00:17:33]>> Okay. Oh, well, you want to check it now?

[00:17:36]>> Just to be sure.

[00:17:37]>> Oh, yeah, sure. Go ahead and check it.

[00:17:39]>> All right.

[00:17:47]And thank you, Judge. We appreciate the court's accommodation for this.

[00:17:50]>> Oh, no problem.

[00:17:59]And Carolyn, before you go, could I see the file on Mr. Scott or have you already taken that back?

[00:18:10]Thank you.

[00:18:44]>> That in Kendall for an arraignment in the morning.

[00:18:52]We may be able to wave that arraignment.

[00:18:56]I could be available in the afternoon.

[00:18:59]>> All right. How far is Kendall from here?

[00:19:02]>> Um it's not too far from me cuz I live out that way. It's about but getting out of that court is, you know, half a morning, technically.

[00:19:11]>> Okay. Do you want to set it for Thursday in the afternoon?

[00:19:15]>> That would be That would be great.

[00:19:17]>> All right, State, are you okay with Thursday? And let's say Thursday at uh 1:30?

[00:19:23]>> As far as I know, Judge.

[00:19:24]>> All right, so uh Norma, on Mr. uh Tejeda, we'll come back uh for sentencing on the 9th at 1:30.

[00:19:39]All right, is there anything else from either side?

[00:19:41]>> Nothing from this side.

[00:19:42]>> All right, if you'll get the reset form from Miss Ferguson, then you're excused.

[00:19:45]>> Thank you very >> You're welcome.