Second DWI While on Felony Probation — Judge Fleischer Says No Bond No Mercy

Added: 2026-05-10

[00:00:01]You picked up a new case, Miss Svens.

[00:00:03]>> Urban, we're going to do probable cause.

[00:00:06]You have the right to remain silent.

[00:00:07]Anything you say can will be used against you. You now stand charged with the offense of criminal trespass. You're facing up to six months in jail and or a $2,000 fine.

[00:00:15]>> Yes, judge. The alter is dispatched to a club in Harris County, Texas in response to a disturbance. The complainant and employee of the club told officers that she had asked the defendant to leave and the defendant refused. The defendant had been trespassed by another officer the day prior and the complainant stated the defendant continues to return to the location. During the incident, when the complainant told the defendant to leave, the defendant stated, "Leave me alone or I will hit you in the head." The defendant told officers that everyone at the location was trespassing and that she should have been giving a pink paper in order to be trespassed.

[00:00:47]>> Okay, ma'am. I'm going to find that there's probable cause to go forward with the case. You picked up a new case.

[00:00:51]Was not pick up a new case and now you've done it. So, what happens now, >> Cy? Judge, >> I'm going to ask for you to allow her to remain on bond. Um, that state hasn't filed, if that's what you're getting at.

[00:01:02]The state hasn't, you know, the state hasn't filed a motion to revoke bond.

[00:01:06]I'm not prepared for it. If they have, you know, ask for time for a hearing to be set. Um, so we can um, you know, have a hearing based on evidence. Um, she hasn't violated the bond conditions, you know, from the previous case. As far as I relate to going to the housing, though, one of the conditions is behave yourself. give no facts or rise to probable cause that you violate any new laws. She's now picked up a new case.

[00:01:31]>> Well, that is related to your very specific orders about her not to go back to the address uh where her apartment was or the Houston Housing Authority address. You know, she's complied with those terms.

[00:01:43]>> But if I if I let her go now, that's enabling this behavior and telling her it's okay. Well, judge, I think it would be punitive um if you put her in jail as opposed Well, that's not the purpose of bond, right? It's it's community safety.

[00:01:55]Um and the community >> she's threatening people allegedly there to beat them in the head. You know, she won't leave.

[00:02:03]>> That's taking you into custody, man.

[00:02:06]>> Judge, that's you know, that's I I think we're entitled to a hearing.

[00:02:11]>> Yes, I'll give you a hearing. Sure.

[00:02:13]>> Whatever you want.

[00:02:14]>> My arm is broke.

[00:02:16]I don't I don't know how else to, you know, she's going to do whatever she wants to do. What how am I supposed to handle this?

[00:02:22]>> Uh I'm not a threat to the community, so I'm not I'm not understanding. And as I said, that is hearsay. Um is there any way Oh, can you subpoena the cameras because I didn't threat anybody and there is witnesses that was there as well?

[00:02:37]>> Sure. So that's my job. That's not not that's not the judge's job. And I'll do that just like I've done for the previous case. Um so Judge, can we allow her to remain on bond until we have an actual hearing following the rules?

[00:02:51]>> I haven't been around the >> um you know, following the rules of evidence for bombations.

[00:02:58]>> Here's what we'll do, Corey.

[00:03:00]>> What I'm going to do is I'm sending you for a drug and alcohol test. Now, if you fail to take the test, if you fail to do what you're supposed to do, I am going to revoke your bond and put you in jail.

[00:03:11]I'm now putting a GPS monitor on you and I'm giving you a curfew of 9:00 p.m. to 6:00 a.m. Do you understand?

[00:03:18]>> Hey, one second. I'm homeless cuz they they have refused to let me back into my apartment.

[00:03:24]>> I'm not going to talk to you. This is not a negotiation. It's either you follow the conditions of bond or I'm going to revoke it and put you in jail.

[00:03:30]>> Okay.

[00:03:31]>> This is whatever you want.

[00:03:32]>> Unless you want to be in jail.

[00:03:34]>> Your lawyer's asking me not to put you in jail now.

[00:03:36]>> How long case?

[00:03:39]>> Until November the 22nd. No, I'm sending you for drug and alcohol test now. We are going to reset this case until Monday. You were to come back Monday so we can address it in the interim.

[00:03:50]>> I did consume alcohol. Oh well, not anytime soon. So that's fine.

[00:03:55]>> I want you to listen.

[00:03:59]>> I'm going to put a GPS monitor on you and I'm giving you a curfew of 900 p.m.

[00:04:05]to 6:00 a.m.

[00:04:07]>> Do you understand?

[00:04:08]>> Where is my curfew supposed to be from?

[00:04:10]the question cuz if I'm currently homeless and I am sleeping on the city streets residing cuz they refused to let me back into my apartment where >> know what you're doing.

[00:04:21]>> Where is that supposed to be at?

[00:04:22]>> That's what these conditions I'm giving you, ma'am.

[00:04:24]>> It will be within an exclusion zone. We do an exclusion zone >> address. But I I don't I'm warning you not to consume alcohol earlier than drugs and I'm going to randomly test you. But I'm saying you now for a test. You're to come back Monday. Do you understand?

[00:04:45]>> That's fine.

[00:04:46]>> Okay. I'm giving you a monitor on your ankle. I don't want you going to any clubs, bars, or anything of this nature.

[00:04:54]Do you understand?

[00:04:55]>> That's fine.

[00:04:56]>> Thank you.

[00:04:57]>> We'll see you Monday. Yes, sir.

[00:04:58]>> And I'm sending her now for a test. I want to know what if what do I go to take this test? She'll tell you.

[00:05:07]>> She's homeless. We need a home base for the GPS to observe.

[00:05:11]>> That's what I was trying to say.

[00:05:12]>> She's got to living somewhere. Got to be living.

[00:05:15]>> I don't have friends or family or nothing. So, that's what I'm saying.

[00:05:19]>> You You put your head somewhere down at night.

[00:05:21]>> Yeah. On on the city streets.

[00:05:25]>> We'll get an address for it. Thanks, Judge. It's better than jail. Yeah, it it's not going to be exaggerated either.

[00:05:32]>> Let me express my extreme extreme disappointment with you. You've now picked up a new case.

[00:05:44]>> Is it on Docker today or No, >> it is, Judge. Um, we placed it on after we spoke.

[00:05:49]>> Mr. Foster, you now stand charged with the offense of assault. You are facing up to a year in jail and or a $4,000 fine. You're going to do probable cause.

[00:05:59]You have the right to remain silent.

[00:06:00]Anything you say can or will be used against you.

[00:06:07]>> For some reason, I don't see >> your honor. It's understood.

[00:06:11]>> Well, Judge >> Tristan Smith, I'm sorry I called you Foster. I miss >> the new um ADI was a new the previous one which was the AFM because he has two openers right now.

[00:06:26]>> Right. So, he initially had the open assault of a family member.

[00:06:30]>> Yes.

[00:06:31]>> As of December 19th, he's now picked up a new assault.

[00:06:35]>> Yes.

[00:06:35]>> All right. Let's do probable cause >> on the new assault.

[00:06:37]>> On the new one, please.

[00:06:38]>> Yes. Judge.

[00:06:39]>> On October 29th, 2024, an officer was assigned to investigate an assault that occurred on the 18th of October at a residence in Harris County, Texas. The officer reviewed video footage of the assault that showed the first complainant and the defendant engage each other in a physical fight until another female assisted the defendant by punching the complainant and grabbing the complainant by her hair. The female swung the first complainant to the ground by her hair, causing pieces of her hair to be ripped off while the defendant punched the first complainant multiple times in the face. As the first complainant was on the ground, the defendant stomped once on the back of the first complainant's head and the officer observed the first complainant with injuries based on photos. The first complaintant told officers that on the day of the offense, the defendant told her that he was going to assault her once she exited her vehicle and a friend of hers that was inside the vehicle recorded the fight. The defendant and the first complainant used to be friends and the defendant used to live with the first complainant at her residence until the defendant was kicked out.

[00:07:32]>> Judge, if I can um just utilizing the state's information that they provided um and I didn't hear the prosecutor read this part, but at some point the officer interviewed the complaining witness in the new assault. um based on what she told him is that she had heard that Mr. Smith was going to attack her. And if you just read in the dems, she exited her vehicle to engage in a physical fight with Mr. Smith to defend herself from him. When I talked to Tristan about this last week, he told me all about it.

[00:08:03]He said, "I remember this." Cuz it is a 2B. He had heard nothing any followup on it. This woman, this young lady got out of her car and attacked him as he was walking down the street. It says it right here. MB exited her vehicle to engage in a physical fight with Mr. Smith to defend herself from him. She's in a car where she could have easily seen him and kept driving. No, she got out of her car and attacked him exactly like he said. And while he was defending himself against her, another individual, another female, came to assist him in this fight because he was attacked and blindsided. This is exactly what the complaining witness in this case told the police happened except she said that well I heard that he was going to attack me so I jumped out my car and attacked him first. That's not an assault.

[00:08:46]>> I don't know. All I know is that the guy the facts are pretty egregious and I mean he could have taken off didn't have to sit there and didn't have to engage.

[00:08:55]He could have he you know you're on bond for a criminal case. So stop. I'm not asking you to say anything.

[00:09:03]you in the correct mindset. You know, I am have an open assault. It's probably a pretty good idea for me to go away and not do anything here.

[00:09:15]>> And if he had that time to reflect in that instance, then perhaps he should have done that. But he's walking down the street and this girl >> this girl jumps out the car to engage him in a physical fight like she told police that she did to defend herself from him. He doesn't have time to sit and reflect, oh, I got a case and all.

[00:09:33]>> He could have run away. He could have gone. He could do something else. I I don't know.

[00:09:37]>> Being a tag judge, I mean, you got to do something.

[00:09:40]>> Look, I get that there's always two sides to the story, but I mean, I'm going to find there's probable cause.

[00:09:44]Now, if you develop something later, if you see something on video, if you show something that she's the initial aggressor, come back and we can talk.

[00:09:52]>> She said it. She told the officers.

[00:09:53]>> I don't know that for sure. I mean, it just, you know, >> in self-defense. We have in self-defense and then we have further more than once the female was assisting the defendant that the defendant continued to assault the complainant even stomping the complainant on the head.

[00:10:08]>> Got to stop her. If she's attacking him, >> judge, she was down on the ground. The complainant was down on the ground and the defendant stomped on her face.

[00:10:18]>> I'm finding that there's probable cause.

[00:10:20]You picked up a new case.

[00:10:21]>> And we'll and we'll deal with that, judge. But the the biggest issue, of course, is the fact that he did pick up a new case, albeit he didn't ask for it.

[00:10:27]I mean, he's walking down the street.

[00:10:28]Um, and his situation being one that's extraordinary, one that I haven't seen much this year dealing with indigent uh defendants, being of his age, which is a high school student, as we've talked about before, um, pending graduation with an acceptance to a great school.

[00:10:45]This is a very tenuous time for him. Um, you've already ordered him to be drug tested before and all of that. So, we're working through those things. The last thing that and I know we have to consider the complaint of witness in the community and all of that. I understand that. But I'm advocating for Mr. Smith.

[00:11:01]>> I get it.

[00:11:01]>> Mr. Smith has a final on Monday that he must take. If he does not take this final and he's again in high school, then he may not graduate. If he doesn't graduate, then we can kiss Baylor goodbye. It it's just it's not likely to happen for him in light of all of the challenges that he's dealing with. He doesn't have his mother to help him. His grandmother, we know she's a complaining witness. He can't even go around the house. He doesn't have any help right now. He's living with a friend and walked here from Atasacita this morning which took him 9 hours. I mean it this situation is it's extremely difficult judge. folks. My ask is that we do something and it could be amend bond conditions, but to keep him on bonds so that he can take his test, do what he needs to do to finish school and hopefully we can resolve these issues.

[00:11:53]I've looked at the evidence that the state has submitted for the new case.

[00:11:57]There's clearly some something happened clearly. I mean, and I would obviously the evidence shows that. But if he's walk the street and this girl, per her own admission, jumps out her car to engage into a physical altercation with him to defend herself, that that doesn't make sense. And that's not really fair to him. Someone that's on bond and everybody knows he's on bond because she said, "I knew him. We used to be friends.

[00:12:17]>> He could have walked or run away, gone to a store, called the police. There were a multitude of other options you could have done. You know what's at stake here, yet you pick up another case where you allegedly stomp on someone's head and you want me to let you go. I understand that you have school. I don't know that you have a final on Monday. Am I supposed to take your word for it? No.

[00:12:46]All I know is that you are a danger to my community. You have one assault. You have had violations on bond while you're on that assault and now you've picked up another assault. you are a danger to my community and there's no and there's only one thing that I need to do and that to put you in jail because you refuse to comply with bond conditions and I've given you over and over. I appreciate your tenacity and I love that you're defending zealously but I can't let him go. it would be enabling this behavior and telling him it's okay for you to do what you're doing. And it's not it's not okay to sit there and stomp on someone's head.

[00:13:31]>> And judge, we anticipated that possibility. I'd ask in the um in the alternative that you consider a very low bond as my client has approximately $100 to his name being a child in my mind, a person that hasn't even regse.

[00:13:50]You believe the defendant is a >> I I won't do the normal what I normally do is I set bonds at 5,0001 when you pick up a new case. I'm willing to go down. I'm not going to give them a $100 bond because that's what we do on new cases.

[00:14:04]>> I'd ask for >> I think that that's a little >> So we're going to revoke the previous bond that that was a personal bond.

[00:14:09]>> We only touch the old case >> and so we'd ask I didn't anticipate that you would set a personal bond on the new case. So, I guess my request would be two $500 bonds.

[00:14:22]>> Oh, >> I mean, we're talking about a misdemeanor assault between children, not a >> Well, I don't know that. I mean, you're putting in stuff that I have no idea about.

[00:14:30]>> The state alleged a misdemeanor assault.

[00:14:32]They didn't allege an aggravated assault, which they could have, and they did not. They alleged a misdemeanor.

[00:14:36]>> Doesn't make me feel better.

[00:14:37]>> Oh, I mean, the state says, you know, alleges that there's all this injury. We can see what the injuries were. to see the declining witness in a picture.

[00:14:47]She's smiling to the hospital to the police.

[00:14:49]>> No, she didn't go to the hospital, judge.

[00:14:50]>> I don't know.

[00:14:51]>> I've already I've read everything. She hasn't gone to the hospital. She has a a a swollen eye is what she has.

[00:14:56]>> Judge, I don't believe I mean, her hair was also ripped out, judge, based on what we see in the four corners of the dims. Um, we haven't done >> I don't know. I mean, there's a lot of people who wear different types of hair.

[00:15:08]>> Sure.

[00:15:08]>> But just going off the dims, we have her hair being ripped out and being stopped.

[00:15:13]So >> and to your question, not hospitalized judge.

[00:15:16]>> So here's what I'll do.

[00:15:17]>> Judge, just if I may add that I even in the first um AFM judge, the complainant has gone back to the home at least once to my knowledge based on my communications with the complainants on that case. The defendant has gone back to the grandmother's homes. um contrary to the bond conditions and the no contact orders in that case. He's repeatedly time and time again, you know, violated his bond conditions and now there's So, we would be opposed to anything less than $1,000.

[00:15:47]>> Yeah. I No, I What? So, what I was going to His bond on the first assault is it's 1,500. I'll do 251 on that. Okay. I'll only raise it up $1,000.

[00:15:59]Um, on the new case, what do you think?

[00:16:12]>> Should we give him a PR month?

[00:16:13]>> Judge, >> no. Judge, >> would we be opposed based on the nature of the allegations where he stomped on someone's head, pulled her hair, and at in addition to that being picked up just a month after the previous AFM >> and and charged with a misdemeanor? I mean it if the state felt so vigorously about this case then they would have filed it in district court. I mean this is a misdemeanor assault between >> and there's no way this would have been gone upstairs. You know >> I agree and which is why I think a personal bond could be adequate in light of the fact that he would be given a shy bond on his previous case. He doesn't have much if anything if if anything that keeps him in jail until we get to trial because that that would be a case that we would set. Um all right Mr. Brooker I'll set the new one. I'll set it at $500.

[00:16:55]Thank you, judge. Um, >> I hope you get it. You're going in today, but I hope you get it. I mean, I'm not We're not going to stand for this. You got to pay the piper. And I don't know if it's dealing with the school now. That's pro will get you to wake up and realize that you can't do what you're doing, but that's it. You know, I've literally bent over backwards not to put you in jail, Mr. Smith.

[00:17:26]Literally bent over backwards. How many chances have we, you know, goes with you? Okay, Mr. Smith. Good luck. Ma'am, you're charged with reckless driving. You're facing up to 30 days in jail and or a $500 fine. We're going to do probable cause. You have the right to remain silent. Anything you say can or will be used against you. You have the right to have an attorney present. If you cannot afford one, one will be appointed to you, ma'am.

[00:17:49]>> Yes, judge. The officer was driving on Katy Freeway in Harris County, Texas, when he observed the defendant's vehicle driving at a high rate of speed, rapidly accelerating, making evasive lane changes and aggressive maneuvers without signaling, cutting off multiple vehicles, and making those drivers take evasive action to avoid a collision.

[00:18:05]While the officer attempting to catch up to the defendant, he reached speeds in excess of 120 mph. The officer then conducted a traffic stop, and the defendant stated she was driving that way because she was late to work. Am I'm going to find that there's probable cause to go forward with your case. Do you see if she has a valid text? Okay.

[00:18:24]If I find that you drive like this again because I'm making it a bond condition that you're not to drive like this. If I find that you do, I will take your privilege to drive away from you while this case is open. Do you understand?

[00:18:36]Living in a city as big as Houston without the ability to drive is absolutely awful. Don't. I'm going to protect my city at all cost and I have to put you in jail because of it.

[00:18:46]I'm going to have you sign. How old are you, ma'am?

[00:18:49]>> Okay. We're going to reset your case to give you time to hire a lawyer. So, I'm going to have you go to Victoria, sign a reset. After that, I'll have you take your seat in the jury box. I'll be get your bond conditions. No racing, reckless driving, anything of this nature. After that, we I'll have you sign it and then you'll be free to go.

[00:19:03]Right. Good morning, Mr. Harvey.

[00:19:07]Sir, you're charged with reckless driving. You're facing up to 30 days in jail and or a $500 fine. We're going to do probable cause. You have the right to remain silent. Anything you say can or will be used against you. You have the right to have an attorney present. If you cannot afford one, one will be appointed to you, sir.

[00:19:21]>> Yes, judge. The officer was parked and observed a road rage incident occur. The officer observed the defendant's vehicle laying on his horn and speeding up to cut off another vehicle. The officer observed the defendant slamming on his brakes and the driver of the other vehicle then attempted to drive around the defendant when the defendant cut her off again and slammed on his brakes, nearly causing her to drive into a ditch and nearly causing an accident with other vehicles. The officer then initiated a traffic stop and pulled into a nearby parking lot.

[00:19:50]Mr. Harvey, I'm going to find there's probable cause to go forward with your case.

[00:19:54]Patience.

[00:19:57]>> Patience when driving. and I'm gonna have you sign a document promising me that you're going to exercise this patience and not drive in this manner again. And if I find that you do, I'm going to put you in jail. Do you understand? How many times do we have people on the road that sit there and get shot because of the incidents? Like, don't drive recklessly.

[00:20:32]those conditions like we did in the other case.

[00:20:35]>> Yes, >> Harvey. We were going to reset your case to give you time to hire a lawyer. So, I'm going to have you go to Victoria, sign a reset. We'll then have you take a seat in the jury box while we get your bond conditions. We'll have you sign it and then you'll be free to go. Wait, does he have a Texas? Can you run his license, please?

[00:20:51]>> I see eligible and I can run it again, please.

[00:20:56]If you do not have a Texas driver license, then do not drive. I will have you sign an affidavit today with me promising me you're not going to drive unless you have a valid Texas driver license and liability insurance. It is your responsibility to reach out to DPS to figure it out. Do you understand?

[00:21:12]>> I see eligible on our end.

[00:21:14]>> Okay. I'm going to have him sign it and then if if you do if you have a license and liability insurance, you can drive.

[00:21:20]If you don't, then don't. If I catch you doing it, it's not going to go well for you. You understand? Okay.

[00:21:27]You were charged with driving while intoxicated. Second offense. The reason that we are taking you into custody now is that it looks like you're on probation for a felony retaliation case, which is now set at no bond. So, we're going to do probable cause here today.

[00:21:41]If there is enough >> I'm sorry, I can't hear.

[00:21:44]>> You're on felony probation. Looks like a warrant has been issued in that case.

[00:21:48]Bond is set at zero. So, we'll do probable cause here. If I find probable cause, we will either way, we're going to, you know, provide your lawyer today.

[00:21:56]But for now, we'll do probable cause on your DWI second. You're facing up to a year in jail and or a $4,000 fine.

[00:22:02]>> Yes, judge. The officer initiated a traffic stop in Harris County, Texas, after observing the defendant failed to yield to a right of way in an intersection and for driving with an expired registration. Upon contact, the officer observed a moderate odor of an alcoholic beverage and slurred speech.

[00:22:16]The defendant admitted drinking two beers and Stanfield so were conducted.

[00:22:20]HGN six out of six walk and turn five out of eight and the defendant refused to do the one leg stand. The DIC was red and breath was consented to. The results were.139 and.146.

[00:22:32]>> All right. Have you seen whether she has a valid Texas job?

[00:22:35]>> All right, Mrs. Gutierrez, I'm going to find that there is probable cause to go forward with your case. I'm ordering you now as a condition of your bond not to drive. It is a condition of your bond and you will be signing an affidavit with me today promising me you're not going to drive. I don't care what's going on in your life. If you drive, I can have a contempt hearing. You can be facing an additional six months in jail and a $500 fine every time you drive. Do you understand?

[00:22:58]>> Yes, I do.

[00:22:59]>> Now, I don't I don't know if you're going to get out of custody, but if you do, you will be required to obtain a handheld interlock device that you're going to take with you to prove to me that you're not consuming alcohol. We will also be sending word to DPS so that every officer in the state knows if you're in a vehicle driving, you will be required to have an interlock in that car. So if they catch you driving hard that doesn't have an interlock on it, you're going to be going right back to jail. You understand?

[00:23:23]>> Okay.

[00:23:24]>> No alcohol, no drugs, and I'm going to randomly test you as well. We will provide you a lawyer today so that you can talk with this person to figure out how we go forward with the case.

[00:23:49]All right, come on. We'll have you sign this and then we'll have you sign your conditions. A defendant already on bond lands back in court after picking up a new criminal trespass case for refusing to leave a club, even after being warned the day before and allegedly threatening to hit an employee. But when her lawyer argues she hasn't technically violated bond conditions and deserves a hearing, the judge pushes back, saying letting her walk would only enable the behavior.

[00:24:21]Instead of jailing her immediately, the judge imposes strict conditions, including a GPS ankle monitor, a 900 p.m. 6 a.m. curfew, no alcohol or drugs, and random testing, warning that any violation will send her straight to jail. And when she reveals she's homeless and questions how a curfew would even work, the judge still stands firm, making it clear this is her last chance and that the court will not tolerate repeated offenses. is.