When a probationer falsifies drug tests, such as by using toilet water instead of urine, courts may deny bond and impose severe consequences, including enhanced felony charges and habitual offender status with sentences ranging from 25 to 99 years in prison.
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He Scooped Toilet Water for His Drug Test — Judge Raquel West GOES NUCLEAR, NO BOND!!
Added:What happened on January 14th of 2026?
>> He actually had it. I was out sick, but my supervisor called me at home. He had an admin hearing and after during that the other safety officer, officer Robert Menard, tested him and as he was testing him, Mr. Menard observed him scooping the water out the urine urinal and handing it to him for a UA. It was cold and it was clear and there was no way it was his urine.
>> I follow the rules.
>> Don't How can somebody ask you Don't talk unless someone asks you to talk.
>> Good morning, sir. Are you Justin Joseph?
>> Good morning.
>> And this is 20 -35818.
>> Mr. Mr. Joseph >> Mr. Joseph, best you can raise your right hand, sir. Do you swear or affirm the testimony you're going to give in this hearing will be the truth, the whole truth and nothing but the truth?
>> Yes, ma'am.
>> All right, good.
>> Mr. Mr. Joseph, can you state your full name for the record?
>> Justin Joseph.
>> Okay, Mr. Joseph, you do understand we're here to address your bond issues in regards to these cases.
>> Yes, sir.
>> Okay. Now, as far as your working situation, do you currently have a job?
>> Well, I actually I was back and forth back and forth to the Port of Beaumont, but before all this had happened, I had filled out an application for Alcoa.
>> Speak up, please.
>> I said I was working back and forth at the Port of Beaumont, but before all this had happened, I had just filled out an application for Alcoa. I was called to do one back in May in hydro blasting.
I was supposed to start there, but turned myself in to take [clears throat] care of this.
>> And as far as any additional responsibilities, especially in regards to your family, what type of what what what kind of responsibilities are those?
>> Uh yes, and I'll take care of my uncle that just recently fell from out of the ceiling or out of the attic or whatever, he broke his hip off.
So, I'll be having to help him like getting him to take him in and out the real I mean out the bathroom, have to take him to the restroom cuz he can't walk and he don't have a walker or anything like that.
>> So, you basically you're his primary caregiver when you're not working?
>> Yes, sir.
>> Okay.
Uh now, as far as expenses, do you have any uh property or any money saved saved to put up that you could put forward forward to the bond?
>> Yes.
>> Okay. Approximately, how much of a bond would you be able to make?
>> Probably like 10,000 a piece or no more than 20,000 a piece, probably.
>> Okay. And as far as any conditions of a bond, a lot of these allegations also uh uh deal with drug use. Uh do you have any concerns or objections to wearing a drug patch or anything they try to to suggest with that for you?
>> Yes, sir. I can wear a drug patch anytime I want to or whatever you need me to do.
Yes, sir.
>> I have a miss call here, your honor. I'd like to ask her briefly a couple of questions.
>> Good morning, ma'am. Would you please raise your right hand? Do you swear or affirm the testimony you're going to give in this hearing will be the truth, the whole truth, and nothing but the truth? Yes. Thank you. Go ahead.
>> What Can you tell the court what happens when he fails to submit his urine analysis he's told he needs to do a urine >> The last time that he failed to submit, he said that his sister had emergency surgery and we were in the UA lab and I said, "If you walk out that door, this is a failure to submit." And we went back and forth for about 5 minutes and eventually he got up, walked out, and left.
>> Took longer arguing about it than it would have just have been.
>> Absolutely.
>> What um what happened on uh January 14th of 2026.
>> He actually had it. I was out sick, but Mr. Lewis called me at home. He had an admin hearing and after during that the other safety officer, Officer Robert Menard, tested him and as he was testing him, Mr. Menard observed him scooping the water out the urine urinal and handing it to him for a UA. It was cold and it was clear and there was no way it was his urine.
>> I thought the client was >> unless somebody is asking. Don't talk unless someone asks you to talk.
>> Okay.
>> And so, Mr. Nichols, what's the state's position?
>> Judge, he's got three prior felony convictions. He's on straight probation on these two cases. At the time he was placed on probation, a felon possession of a firearm case and a possession of phencyclidine PCP case were also dismissed. Um he was put on high medium case load.
Uh he's failed to follow through with what he's been ordered to do with Safe P.
Um he had a He was ordered a little over a year ago to to do the Safe P program and has chosen not to comply with the requirements of it afterwards and he's tried to falsify um the the the testing that's he's not he while he may be entitled to a bond, I would ask that the court make it sufficiently high to to keep him here in Jefferson.
>> Well, they're both adjudicated, so it's not a >> then I'm asking for no bond, Judge, cuz I frankly I don't I don't think that he's done anything to show the court that he's going to follow the court's rules. Well, I don't want to.
>> All right, Mr. Lewis, argument.
>> Judge, uh understandably, yes, he is not entitled to a bond. We are asking for one given the the issue of of him trying to maintain employment and also care for his awful wife while we're out giving this trying to resolve this issue. I believe any concerns of the court can be uh cured by the drug patch or some sort of pre-trial condition that can monitor monitor any drug use or anything while he he is out on bond. Uh I believe a bond of 15,000 for each case will be sufficient of that.
Um he's definitely while the once the violation came up and everything, I can only speak to you know, my involvement as far as him doing what he trying to do what he needs to do to get things you know, taken care of. Uh some of these allegations were first my first time hearing about them, but uh and I'll address them with Mr. Joseph, but as far as his bond, I believe I do believe a bond of 15,000 will be sufficient to maintain of course maintain his return to court and also uh a bond condition of a drug patch or a scram device or something of that matter could could definitely uh keep the court uh in the loop if you will as far as if he does relapse or there's any other drug use.
>> Well, here's the problem, Mr. Joseph.
There there's nothing more strict really than going through that safety program and the aftercare. And that's like Mr. Lewis said, for me to keep a an eye on you is for probation and those programs to keep an eye on you.
And what I'm seeing and what gives me concern is that back last year we had I'm looking at the administrative hearing that led you go into safe P and at that point you had tested positive for PCP numerous times and you had also failed to submit numerous times to testing.
And then he you went to safe P and then it just looks like it's the same problem that um we don't know, but I would tend to think it would be a fairly good assumption that you were using safe PCP again and that's why you didn't want to submit on the numerous dates that you have here.
It makes no sense for me to say, "Okay, well, we'll send you to safety because you had a problem with PCP. You got out and then you did aftercare and you couldn't get through it because you were trying to either falsify or not show up." So, it doesn't make any sense to me that it would be safe to put you back out in the community at this point because you're not going to just remain on probation either not at all or without some further inpatient treatment, which we've already done. So, I'm not sure where we'll get on the motions, but as far as the bonds go, um I'm going to deny those motions um in each case uh for a bond and leave these both at a no bond because I feel like that is in the best interest of our community um to keep everything safe and to keep you um from using something as serious as PCP. All right?
What?
Well, then why didn't you take the test?
There's one, two, three, four, five Five five allegations that you didn't submit your Hold on. That you didn't submit and then there's the one where you did and you the allegations that you attempted to get it out of the toilet.
I'm denying the bond. You can go back with the bailiff.
Sorry.
It's taking You are charged with evading arrest or detention with previous conviction and that's from August 31st of 2025.
Uh that shows that you were previously convicted of evading arrest or detention July 22nd of 2011.
So, that's what makes it a state jail felony. Then, the indictment further alleges you were convicted of attempted robbery, a third-degree felony, March 28th of 2013. And after that was final, you were convicted of assault, a third-degree felony, September 11th of 2019.
And so, what that means in that case is that if you go to trial and you're found guilty and those prior convictions are true, the range of punishment would be enhanced to a second-degree felony, which is between 2 years and up to 20 years. Do you understand?
>> Yes, sir.
>> And then in cause number 25DCCR1777, you're charged with unlawful possession of a firearm by felon.
And that is from August 31st of 2025.
That indictment alleges one prior felony conviction, the one from 2019, but the state can file and I anticipate they would file a notice of enhancement because that 2013 was left off of that indictment. And so, what that means in that case is if you're found guilty and if those prior convictions are true, you would be considered a habitual offender with a minimum punishment of 25 years in prison up to 99 years or the rest of your life. Do you understand?
>> Yes, sir.
>> And then finally, in cause number 25DCCR um is 1778 What you get on this stuff?
You're charged with a third-degree felony offense of deadly conduct discharging a firearm from that same date of August 31st of 2025.
It does allege those two prior felony convictions.
Again, what that means if you're found guilty and if those prior convictions are true, you would be considered a habitual offender in that case also with a minimum punishment of 25 years up to 99 years or life in prison. Do you understand?
>> Yes, ma'am.
>> In all of those cases I have here on this tablet, a plea bargain rejection in each case that you've signed with Mr. Parker that shows that the district attorney's office has made an offer you wanted to enter a plea of guilty in your cases.
Um, to go on probably it looks like counts one and two for a 15-year term instead of that habitual.
And a So, in the in two of the cases a 15-year term and then in >> The The 15 on all concurring on all of them, Judge.
>> Do you understand what the state has offered to you?
>> Yes.
>> And so, you have every right to reject that offer and have all three of your cases set for trial. I just want to make sure you understand what the possible consequences are if you go to trial, what your options are if you wanted to enter a plea of guilty in your cases.
And do you understand all of that?
>> Yes.
>> And do you want to reject those offers and have your cases set for trial?
All right, we'll get that done. I do want to Is there any reason to believe that these offers would change?
>> I will not, Judge.
>> So, Mr. Oville, I want to make sure you understand that after today, unless there is new evidence that is discovered by either your attorney or the state's attorney, I will not accept these plea agreements again. Once it's on the trial docket, it either goes to trial, you can plead open to the court or to some different amount or negotiated um punishment. Do you understand?
Okay, so I will get your cases set for trial. Mr. Oville, Mr. Parker has been appointed to represent you. He's one of the attorneys who handles a lot of cases for me here as a court-appointed attorney.
With your permission, I can release him and I can appoint a new attorney today who could begin preparation for trial a little quicker. Is that okay with you?
Okay. So, Mr. Parker, you're released.
Mr. Oville, we will appoint someone today. They should be out to see you very soon to begin preparation for trial.
>> I think I did call.
>> Thank you.
Good morning.
Are you Howard Walker Jr.?
>> I am, ma'am.
>> And Mr. Walker, in cause number 26 DCCR0082, you're charged with a first-degree felony offense of injury to a child from December 16th of 2025. And how do you And what that means, sir, is that if you go to trial and you're found guilty, the minimum punishment is 5 years up to 99 years or life in prison. Do you understand?
>> Yes, ma'am.
>> And I have here on the tablet I document called a plea bargain rejection that has your signature on it with Mr. Parker's.
This shows that the District Attorney's Office has made an offer if you wanted to enter a plea of guilty in your case for a 30-year term in prison. You have every right to reject that, have your case set for trial. I just want to make sure you understand what the possible consequences are if you go to trial, what your options are if you want to enter a plea of guilty. And do you understand all of that?
>> Yes, ma'am.
>> And do you want to reject that offer and have your case set for trial?
>> Yes, ma'am.
>> All right, we'll get that done. Mr. Nichols, is there any reason to believe that Are you waiting on any evidence or >> There's There's that offer's based on the injuries sustained by the child, a 1-year-old with facial fractures and lacerated liver.
I need to get some follow-up medical records to see if that condition has has improved or if it's going to be a permanent injury situation. That offer may get worse depending on what we find.
>> Okay. So, I do you want to make sure you understand, Mr. Walker, that after today we will not accept this plea agreement unless there's some new evidence that comes to light from your attorney or the state's attorney. Um Do you understand?
>> Yes, ma'am.
>> All right. And so, also, Mr. Parker's been appointed to represent you. And he's one of the attorneys who handles a lot of cases for me here as a court-appointed attorney. With your permission, I can release him and I can appoint another attorney today who could begin preparation for trial a little quicker. Is that okay with you?
>> Yes, ma'am.
>> All right, Mr. Parker, you're released.
Mr. Walker, we will appoint someone today and they should be out to see you very soon to begin preparation for trial. All right, you can go back with the bailiff.
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