Left a Child Alone in the Forest to Die — Then Called It an Accident | Judge Boyd LOSES CONTROL

Ajouté : 2026-06-01

[00:00:00]And if you want to speak, I'm going to swear you in the state will have a chance to cross-examine an Asian cross-examine you. I always read everything. I always read all of the stipulations. I understand that you took the car and I guess you you decided, hey, let me at least give the baby some food. So, you fed the baby and then you leave the baby.

[00:00:19]>> All right. The court is calling 2022 CR4824 and 2022 CR4829 state of Texas versus Rolando Garza.

[00:00:31]Could I have parties announced for the record for the state?

[00:00:34]>> Britney Mitchell for the state.

[00:00:35]>> Defense Silver for the defense.

[00:00:38]>> And are you Rolando Garza?

[00:00:39]>> Yes, Sean.

[00:00:40]>> All right. You entered p of guilty and cause number 2022 CR4829 and a plea of guilty and cause number 2022 CR4824 to um count three, which was an abandonment of a child count without intent to return.

[00:01:05]And in each cause number, you applied for deferred adjudication. Have both parties had a chance to review the PSI state?

[00:01:12]>> Yes.

[00:01:12]>> Defense?

[00:01:13]>> Yes, your honor.

[00:01:13]>> Any objections to the PSI from the state?

[00:01:16]>> No, your honor.

[00:01:16]>> Defense?

[00:01:17]>> No objections from defense.

[00:01:18]>> All right. Each cause number according to the plea bargain agreement.

[00:01:23]Uh in 2022 CR4829, punishment is be assessed at a cap of 18 months in the state jail facility. The state is opposing your application. And in cause number 2022 CR4824, it's a cap of 8 years in the prison. The state is opposing your application and the cases are run concurrent. Uh state, do you have any witnesses?

[00:01:46]>> No, your honor, just argument.

[00:01:47]>> Defense, any witnesses?

[00:01:49]>> One witness and argument.

[00:01:50]>> All right. If you'll call your witness, >> I call Lewis Himemenz. All right. Lewis Amen.

[00:02:14]All right, Mr. Jimenez, can you raise you need to come forward? Can you raise your right hand?

[00:02:20]>> Good afternoon. Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth so help you God?

[00:02:26]>> All right, you can lower your hand.

[00:02:28]State your name for the record. It was 15 minutes Jr.

[00:02:31]>> All right. Defense.

[00:02:34]>> Good. Good afternoon, Mr. Himenez.

[00:02:36]>> Good afternoon.

[00:02:37]>> Uh, how do you know Mr. Garza?

[00:02:39]>> Uh, through a marriage marriage is a cousin Blanca. Blanca Moreno.

[00:02:44]>> Cousin by marriage.

[00:02:50]>> Yes, ma'am.

[00:02:51]>> Okay. How long have you known Mr. Garza?

[00:02:53]>> Uh, over 10 years.

[00:02:55]And then so over those 10 years, have you known that he's had some trouble with the law as well as with maybe substances, alcohol?

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

[00:03:04]>> Okay. And throughout these 10 years, have you attempted to support him, guide him, help him in any way?

[00:03:12]>> Yes, ma'am.

[00:03:13]>> And then how have those attempts been in the past?

[00:03:16]>> They they've been successful.

[00:03:18]>> Okay. And then currently are you still helping you know supporting guiding him?

[00:03:24]>> Yes ma'am.

[00:03:24]>> In what ways are you helping support?

[00:03:26]>> Um support um you know talking to him um you know >> you can't hear me now.

[00:03:35]>> Okay.

[00:03:36]>> Uh get you know helping him um by talking to him uh you know giving support in every way he needs it.

[00:03:44]And then during this time of incarceration, have you noticed a change in Mr. Garza? Just one second.

[00:03:53]>> Everyone who is in the audience, you need to make sure your phones are off. If your phones go off while you're in this courtroom, it will be confiscated.

[00:04:06]>> You may continue.

[00:04:09]>> So, I believe my last question was if you've seen a change in Mr. regards within the past over a year that he's been incarcerated.

[00:04:16]>> Yes, ma'am.

[00:04:18]>> Okay. What What kind of change have you seen in him?

[00:04:20]>> I I see he's very more humble. Um, you know, compared to how I used to know him to now. I mean, it it's a big change.

[00:04:28]It's a big change.

[00:04:31]>> Okay. And how often do you speak to him?

[00:04:33]>> Um, once once a week possible.

[00:04:37]>> And in your opinion, has he accepted responsibility for what he has done?

[00:04:41]>> Yes ma'am. I'm sure he has.

[00:04:43]>> And then do if he is placed on deferred education probation, do you believe he will be successful?

[00:04:47]>> Yes, ma'am. I know. I'll make sure of it.

[00:04:50]>> You will help him?

[00:04:50]>> Yes, ma'am. And everyone's right.

[00:04:54]>> And you believe do you believe the person that he was when he entered uh Barrett County, would that person have been successful?

[00:05:02]>> No.

[00:05:03]>> But you believe the person he is now will >> Yes, ma'am.

[00:05:06]>> Okay. That are that is all my questions.

[00:05:10]>> All right. state. Any questions?

[00:05:11]>> Uh yes.

[00:05:14]>> Um you said you provided help to him in the past. How so?

[00:05:19]>> Um offering support. Um you know um talking to him um uh you know offering a home anything he would need. You know me and the president would be more than uh able to help him.

[00:05:38]>> Okay. And we're goodbye. I'm >> all right. So, here's the thing, everyone. Could we all enunciate, open our mouths, speak so the court reporter can hear?

[00:05:49]All right. Because if the court reporter can't hear, it's not being taken down.

[00:05:53]And honestly, if I can hit if I can't hear, then it's not being considered.

[00:05:58]>> My voice deep enough.

[00:05:59]>> No, it's not your voice. It's like you need to annunciate.

[00:06:03]>> Yeah. You can get a little bit up. I need to be able to see you. That's right. Is it better?

[00:06:08]>> There you go.

[00:06:10]>> Okay. Um, prior to this incident, has had he lived with you?

[00:06:16]>> No, ma'am.

[00:06:18]>> Are you Is it your testimony that he's going to if if he were to be granted probation, he would come live with you?

[00:06:23]>> Yes, ma'am.

[00:06:26]>> Um, and you've known him, you said, for 10 years?

[00:06:28]>> Yes, ma'am.

[00:06:30]I'll go there.

[00:06:34]>> Um, so let's see.

[00:06:41]In 2017 when he was sentenced to 15 months for theft of vehicle, um, where were you?

[00:06:49]>> At home.

[00:06:51]>> Did he um did you speak with him when he was released from state jail?

[00:06:58]>> No, ma'am. Okay. So, at what point did you um speak to him and offer him guidance?

[00:07:05]>> It it it was maybe about eight months ago.

[00:07:09]>> Okay.

[00:07:10]>> That that I found out that he was in there.

[00:07:14]>> Um let's see. In 2020, were you aware that he went to state jail for attempted harassment of a public servant?

[00:07:24]>> No ma'am.

[00:07:27]Um, do you know which family member it was that he assaulted um in his misdemeanor family violence assault in 2016?

[00:07:38]>> No.

[00:07:41]>> What about the one in 2005?

[00:07:44]That assault?

[00:07:45]>> No.

[00:07:47]I don't think I knew him then.

[00:07:53]Do you know him to have a drug problem?

[00:07:58]>> Yes, ma'am.

[00:08:01]>> Are you aware that he indicated to the PSI officer that he does meth and cocaine frequently?

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

[00:08:12]>> Was that known to you prior to this incarceration?

[00:08:15]>> Yes, ma'am.

[00:08:22]No further questions about it.

[00:08:27]>> All right. Um, >> no questions.

[00:08:29]>> All right. Thank you for coming in.

[00:08:32]>> All right. Thank you. You too.

[00:08:35]>> All right. The court will hear argument.

[00:08:40]Your honor, the state the state is asking um we are in opposition to any of his applications for deferred or probation in this matter. Um this is not a simple vehicle theft. This is not um a simple abandoning child that we see very often, your honor. this individual within moments on video um can be seen stealing a running vehicle um with people standing right next to it and taking off. Um there of course was an infant in the back of the vehicle and um units were put out, multiple units were put out trying to find this infant. Um, I believe the call came around nine o'clock. Infant was not located until after midnight.

[00:09:31]>> Right. Do you have the other court certification?

[00:09:34]>> I'm sorry. Say, you can continue.

[00:09:36]>> And uh, the infant was located in the stolen vehicle. Uh, the vehicle was parked, the windows were down, and the infant was alone in 40°ree weather in February.

[00:09:50]>> Um, the defendant was then located He denied at first, but then ultimately did admit to um stealing the vehicle and then learning that there was an infant inside and then leaving the infant there. Um >> All right. Anything you want to say, Mr. Garza?

[00:10:11]>> Oh, no. I made a very bad choice. Um I wish I could take it back. I can't. speak.

[00:10:20]>> Well, so here's here's my my my question for you.

[00:10:24]>> And if you want to speak, I'm going to swear you in the state will have a chance to cross-examine an Asian cross-examine you. I always read everything. I always read all of the stipulations. I understand that you took the car and I guess you you decided, hey, let me at least give the baby some food. So, you fed the baby and then you leave the baby. Who did you call to tell them, hey, this is where the car is located with the child in it? Did you call anybody? I didn't have a phone at that time where I was going.

[00:10:50]>> Well, did you knock on somebody's door or did you abandon this baby in a location where there were no other human beings around that you could have said, "Hey, I made a bad choice. I stole this vehicle. Here's the baby in the car."

[00:11:02]Did you do that?

[00:11:06]>> No. Did Did you contact somebody and say, "This is where you can locate the baby."

[00:11:10]>> All right. And when you found out that there was a child in the vehicle that you then drive to a location, because you said you didn't have a phone, did you drive to a location and say, "Hey, let me bring this child back. I stole this vehicle. Let me return this child."

[00:11:27]Did you do that?

[00:11:29]>> No, I did not do that.

[00:11:30]>> All right. And then the complainant is saying that she had just cashed her income tax money and had $4,100 in the vehicle. So, did you after you make this bad decision on your part, did you say stop and say, "You know what?

[00:11:47]There's a baby in this vehicle.

[00:11:49]Obviously, this mother has just cashed a check and maybe she needs that to clothe and feed her baby."

[00:11:56]Did you say, "You know what? I'm going to leave this $4,100 alone. I'm going to call somebody or either drop this car off at the gas station with the baby in it with the money in it. Maybe wait for the police and say I just made some bad decisions. Did you do that?

[00:12:13]>> No, I didn't. I didn't see the money. I didn't search the car.

[00:12:16]>> Well, somebody took the money. She doesn't have it.

[00:12:19]>> And I take full responsibility because once again, that was something I did. I I didn't see the money. I didn't have money on me. I I'm only thing I can do, your honor, is take responsibility for what I did. And I never meant for any child ever. But it was a bad decision on my >> But you meant to take a car that didn't belong to you.

[00:12:40]>> I said responsibility for that.

[00:12:42]>> All right. Defense. Anything?

[00:12:44]>> Yes, I have argued. Okay.

[00:12:46]>> Okay. So, my client does understand he has made a bad um choice, bad decision.

[00:12:52]He has made many in the past. Um we argue that it is you know a cycle that um we ask the court for assistance in breaking. Um your honor in this court asks on a daily basis what is needed if anything further is needed for the defendant to be successful and we ask that you allow him the opportunity to be successful out in the community. The victim is asking for restitution. He would like the opportunity to work honestly for that restitution.

[00:13:24]I have certificates that I would like to present to your honor from the maintenance um kind of work unit in the Bear County Jail as well as letters from you know the individuals who run the program that miss >> and here's my this is the oh you can walk around here's my question that I always have. What does it take for people to be locked up in the jail or to go to prison to do right? like why must I have these certificates now? Why were there not certificates beforehand? And how old are you?

[00:13:59]>> 40 years old.

[00:14:00]>> All right. You're 40 years old. So why wasn't there a a certificate beforehand?

[00:14:04]Why were you not doing right beforehand?

[00:14:06]Why is it I'm at the Bear County Jail.

[00:14:09]Now I'm going to Bible study. Now I'm doing education services. Now I'm doing all of this and participating. The only thing they're going to say is yes, there wasn't before, but I'm trying to work on myself now. I I I'm just I'm trying to work on myself now. I'm 40 years old.

[00:14:29]>> And you have a lot of criminal history.

[00:14:30]>> And I do, your honor, and I never tried to work on myself. I never did programs before. I never tried to do any of that before.

[00:14:38]>> Well, no, you were on probation at some point. Did you just blow that off?

[00:14:41]>> 2005. You're on. I was young at that time. I mean, >> all right. So, I'm going to help you break your cycle. And whether or not you completely break it is going to be completely up to you because on this planet, time passes whether we are working on ourselves or not. So, you're going to have to work on yourself. You understand? And each cause number, I'm going to find you guilty. And cause number 2022 CR4824.

[00:15:08]I'm going to sentence you to 8 years in the prison. Give you credit for any time served. for run concurrent with 2022 CR4829 and cause number 2022 CR4829.

[00:15:20]I'm going to find you guilty, sentence you to 18 months in the state jail facility to give you credit for any time served. This will run concurrent with 2022 CR4824.

[00:15:30]There's to be restitution of $4,100 to uh Ray Bella Robinson. And each cause number I'm showing you what's entitled trial court certification of defendants's rights to appeal. Did you review those documents with your attorney? Did you understand them? And did you sign them? Yes.

[00:15:47]>> And each of the cause numbers, because these are plea bargain agreements, because I followed your plea bargain agreement, and because you wave your right to appeal, you do not have the court's permission to appeal. Also, because these are felony convictions, you're not allowed to own or possess any weapons or ammunition. If you have a question over what a weapon or ammunition is, you'll need to speak to an attorney. Do you understand?

[00:16:06]>> We can go off the record. Here's what you need to understand. That was an infant in a car being taken away from its mother, not knowing who is this strange person in the car with me. And then you feeding the child. Whatever you're feeding the child, you don't know if the child has any allergies or not.

[00:16:25]You're feeding the child. And then an adult male, an adult human being leaves a child, abandons them to fend for themselves. You don't know if a pedophile could have just been happily walking along and see this child and thinking, "Oh, wow. Lucky me." Anything could have happened to that child. That child could have froze to death.

[00:16:49]Do you understand?

[00:16:52]>> Out of anybody. I mostly definitely understand.

[00:16:54]>> All right. So, what you need to do is when you go to the prison, you need to get your life in order because if you do not, when you get out, there's going to be another offense. Nothing I can do about that. My hands are tied. The state made you an offer of cap of aid opposed.

[00:17:10]Um I don't think 20 years would have been uh anything unreasonable for you to have because you abandon a child who cannot take care or herself.

[00:17:22]I don't know if you had the child strapped down in a car seat, but what I do know is that child was abandoned to fend for themselves. And anything could have happened. Anything nefarious could have happened with just some stranger walking around and then you have a mother who's wondering where her child is.

[00:17:40]>> So >> who left the kid in the car by himself?

[00:17:42]Jared is in.

[00:17:43]>> So now so now it's the mother's fault for leaving a child. Do I think a mother should Here's the thing. Yeah. A running car so that somebody who didn't own a vehicle could come up and steal it and take their child. Good luck to you.

[00:17:57]As Rolando Garza was led away to begin his 8-year prison sentence, the courtroom was left reflecting on a question that haunted the entire hearing. What could have happened to that infant during those terrifying hours alone? The judge made it clear that this case was about far more than a stolen vehicle. It was about a helpless child abandoned in freezing temperatures, a mother desperately searching for answers, and a series of choices that could have ended in tragedy. Even after hearing testimony about personal growth and rehabilitation, the court could not overlook the danger created that night.

[00:18:33]Garza admitted he made a terrible decision, but the consequences of that decision will follow him for years to come. Was justice served with an 8-year sentence, or should the punishment have been even harsher? Share your thoughts below and stay tuned for more real courtroom stories where one decision can change countless lives forever.