In criminal proceedings, a judge determines probable cause by evaluating whether sufficient evidence exists to believe a crime was committed and that the defendant committed it, considering factors such as witness statements, physical evidence, and the defendant's prior record, while also weighing mitigating circumstances like the defendant's age, educational status, and community ties when setting bond conditions.
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Extreme Disappointment – Judge Fumes as Student Faces Jail Before GraduationAjouté :
Let me express my extreme extreme disappointment with you. You've now picked up a new case. [snorts] Is it on Docker today or no?
>> It is, Judge. Um, we placed it on after the book.
>> 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.
You have the right to remain silent.
Anything you say can or will be used against you for some reason. I don't see >> your judge >> Tristan Smith. I'm sorry I called you Foster. I miss >> the new um AI was a previous one which was the AFM.
He has two open misdemeanors right now.
>> Right. So, he initially had the open assault [clears throat] of a family member.
>> Yes.
>> As of December 19th, he's now picked up a new assault.
>> Yes.
>> All right. Let's do probable cause >> on the new assault.
>> On the new one.
>> Yes. Judge.
>> 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.
>> 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. He said, "I remember this." Because 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.
>> I don't know. All I know is that the g 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. He could have he, you know, you're on bond for a criminal case. So stop. I'm not asking you to say anything.
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.
>> And you know, 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."
>> He could have run away. He could have gone. He could do something else.
>> I I don't know.
>> Being a t judge, I mean, you got to do something.
>> Look, I get that there's always two sides to the story, but I mean, I'm going to find there's probable cause 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.
>> She said it. She told the officer.
>> I don't know that for sure. I mean, it just, you know, >> it does say in selfdefense.
[clears throat] We have in self-defense and then we have furthermore that once the female was assisting the defendant that the defendant continued to assault the complainant even stomping the complainant on the head.
>> 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.
>> I'm finding that there's probable cause.
You picked up a new case >> and we 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. me walking down the street. 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. 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.
>> I get it.
>> 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'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.
>> [snorts] >> 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. I've looked at the evidence that the state has submitted for the new case. There's clearly some something happened clearly. I mean and I would obviously see the evidence shows that. But if he's walking down 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."
>> He could have walked or run away, [snorts] 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. 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's 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 are 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.
>> 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 graduate state of Texas. What do you think?
>> We would be opposed to that. I mean, you pay graciousness of these facts. 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.
>> I'd ask for >> I think that that's a little >> So, we're going to revoke the previous bond that was a personal bond >> and we'll only touch the old case >> and so we'd ask I I didn't anticipate that you set a personal bond on the new case. So, I guess my request would be two $500 bonds.
>> 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.
>> They alleged a misdemeanor assault. They didn't allege an aggravated assault, which they could have, and they did not.
They alleged a misdemeanor.
>> Doesn't make me feel better.
>> Well, I mean, [laughter] 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 the picture. She's smiling to the police.
>> No, she didn't go to the hospital, judge.
>> I don't know.
>> 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.
>> 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.
>> Sure.
>> But just going off the dims, we have her hair being ripped out and being stopped.
So >> and to your question, not hospitalized judge.
>> So here's what I'll do.
>> 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.
>> Yeah. I No, I What? So, what I was going to his bond on the first assault is when it's 1,500. I'll do 251 on that. Okay.
I'll only raise it up $1,000.
Um, on the new case, what do you think?
>> Should we give him a PR month?
>> 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 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 will set. Um all right Mr. Brooker I'll set the new one. I'll set it at $500.
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.
Literally bent over backwards. How many chances have we, you know, >> goes with you? Okay, Mr. Smith. Good luck. You've picked up a new case, Miss Siven.
>> Smon, we're going to do probable cause.
You have the right to remain silent.
Anything you say can or will be 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. Yes, judge. The author was dispatched to a club in Harris County, Texas in response to a disturbance. The complainant, an 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.
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. The only thing I asked you to do 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, the state hasn't filed if that's what you're getting at. The state hasn't, you know, the state hasn't filed a motion to revoke bond. I'm 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 problem caused that you violate any new laws. She's now picked up a new case.
Right. Well, it says 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.
>> 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.
um and and the community.
>> She's threatening people allegedly there to beat them in the head. You know, she won't leave.
>> That's me to talk.
>> Take you into custody, ma'am.
>> Judge, that's No, that's I I think we're entitled to a hearing.
>> Yes, I'll give you a hearing. Sure.
>> Whatever you want.
>> My arm is broke.
>> 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? 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 also multiple witnesses that was there as well.
>> 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? I haven't been around them.
>> Um, you know, following the rules of evidence for bomber vacations.
>> Here's what we'll do, Corey.
>> 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 failed to do what you're supposed to do, I am going to revoke your bond and put you in jail. 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?
>> Hey, one second. [clears throat] I'm homeless cuz they they have refused to let me back into my apartment.
>> 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.
>> Okay.
>> This is whatever you want.
>> Unless you want to be in jail.
>> Your lawyer's asking me not to put you in jail now.
>> How long case?
>> 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.
>> I did consume alcohol though. Oh well, not anytime soon. So that's fine.
>> I want you to listen.
>> I'm going to put a GPS monitor on you and I'm giving you a curfew of 900 p.m.
to 6:00 a.m.
>> Do you understand?
>> Where is my curfew supposed to be from is the question. Because if I'm currently homeless and I am sleeping on the city streets residing because they refused to let me back into my apartment [snorts] where >> know what you're doing.
>> Where is that supposed to be at?
>> That's what these conditions I'm giving you, ma'am.
>> It will be within an exclusion zone. We do an exclusion zone.
>> Oh, okay. But I I don't >> I'm warning you not to consume alcohol earlier with drugs and I'm going to randomly test you. But I'm sending you now for a test. You're to come back Monday. Do you understand?
>> That's fine.
>> 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.
Do you understand?
>> That's fine.
>> Thank you.
>> We'll see you Monday.
>> Yes, sir.
>> 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.
>> She's homeless. We need a home base for the GPS to observe.
>> That's what I was trying to say.
>> She's got to living somewhere. Got to be living.
>> I don't have friends or family or nothing. So, that's what I'm saying.
>> You You put your head somewhere down at night.
>> Yeah. On on the city streets.
>> We'll get an address for it. Thanks, judge. It's better than jail. Yeah, it it's not going to be exaggerated either.
>> 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.
>> 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.
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 to start? Okay. 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? 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 costs and if I have to put you in jail because of it.
I'm going to have you sign. How old are you, ma'am?
>> 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 and reset. After that, I'll have you take you seat the jury box. I'll 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. Right. Good morning, Mr. Harvey.
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.
>> 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.
Mr. Harvey, I'm going to find there's probable cause to go forward with your case.
Patience.
>> Patience when driving. and I'm going to 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, [snorts] 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.
[snorts] file those conditions like we did in the other case.
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?
can run it again. Please, >> 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?
>> I see eligible on our end.
>> 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.
If you don't, then don't. If I catch you doing it, it's not going to go well for you. You [clears throat] understand?
>> Okay.
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 [clears throat] now set at no bond. So, we're going to do probable cause here today. If there is enough >> I'm sorry, I can't hear.
>> You're on felony probation. Looks like a warrant has been issued in that case.
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.
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.
>> 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. The defendant admitted drinking two beers and Stanfield so were conducted. 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.
>> All right. Have you seen whether she has a valid Texas driver?
>> All right, Miss Gutierrez, I'm going to find that there's 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?
>> Yes, I do.
>> 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 this 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?
>> Okay.
>> 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.
All right. Come on. We'll have you sign this and then we'll have you sign your conditions, ma'am. Mr. Martinez, you're charged with racing on a highway. You're facing up to a year in jail and or a $4,000 fine. We are 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.
>> Yes. Yes. On December 27th, 2024, the officer was assigned to a traffic crimes task force and followed a group of 40 to 50 racers from 2400 block of Turning Basin to the 610 loop. The officer >> 40 to 50 racers.
>> Yes, judge. And the officer observed the defendant and codefendants motor vehicles in lane one and two slowed down to approximately 30 mph. and both vehicles took off side by side trying to outpace each other at approximately 100 miles per hour. A traffic stop was conducted and the officer made contact with the driver and the defendant and he was the sole occupant of the vehicle.
>> Mr. Martinez, I'm going to find that there's probable cause to go forward with your case. Can you see if he has a valid >> not eligible? Your honor, >> you were not allowed to drive. You will be signing an affidavit with me today promising you you're not going to drive and I don't give a rats behind what your excuse is. If I find that you drive, I can have a contempt hearing every time you drive. It's an offense in and of itself, punishable by up to six months of jail and a $500 fine. Do you understand?
>> Do not drive.
Whenever you fill out the affidavit promising Yeah. promising us you're not going to drive. We will get you to Victoria. Sign a reset and we're going to get you out of here. When you come back, please have a lawyer.
Yeah. Can you file no racing, reckless driving and all that, please?
>> Yes, Vic.
>> Okay. [snorts] >> Sir, you're charged with fail failure to give information upon striking a highway fixture. You're facing up to six months in jail and or a $2,000 fine. We are going to do probable cause. You have the right to remain silent. Anything you say can or will be used against you.
>> Okay.
>> Yes. Judge. On December 28, 2024, the officer was dispatched to apartments in Harris County, Texas in regard to a single vehicle accident that hit the mailbox of a residence. The officer observed the defendant's motor vehicle with heavy front-end damage, but did not locate any driver occupants inside the vehicle. During an inventory, the officer located the defendant's photo ID and Texas utility bill that came back to the defendant's name and address approximately 1.4 miles from the accident. The registered owner of the mailbox came or the registered owner came back to the defendant of that utility bill and his [snorts] address.
The officer went to the defendant's residence, noticed the garage door open and garage interior to the residence wide open. The officer made contact at the residence, wanted to make sure the motor vehicle was not stolen, and wanted to make sure the owner of the vehicle was okay. The officer went inside the residence after knocking and announcing his presence several times under the community caretaking doctrine. And the officer made contact with the defendant asleep in the living room. The defendant woke up and >> Whoa.
>> Yes.
>> It was because they had Whoa.
>> Yes. The vehicle was damaged and he wanted to make sure the the driver was okay. So, he announced himself and went into the residence because the door [laughter] was wide open.
Wow.
And then it was after that he saw the defendant asleep in the living room and the defendant woke up and immediately said the car accident that he did not cause any injuries or any trouble and that he was driving his motor vehicle two or three hours prior and that he was on his way to drop it off at a mechanic when his vehicle was hit. The defendant called the insurance company and the defendant walked home because no one arrived on scene and the defendant was going to pick up his motor vehicle in the morning. The officer made contact with the complainant who stated she heard a loud bang and observed damages approximately $1,025.
>> So, are you telling me that he did stay though?
>> No. What happened, your honor, is that he struck something. He struck the mailbox at the apartment and the defendant said that he called his insurance. No one came to the scene, so he walked home and the officer when he arrived saw the empty.
>> Did he make an attempt to make a phone call at the scene to anyone?
All he said is that he called the insurance company. That's the only person that he stated he called. And then after that, he walked home because no one arrived on scene. And then that's when the officer arrived and saw his empty vehicle damaged. And then he found a utility bill in ID.
>> I have so many questions. Let's do this.
I'm going to appoint you a lawyer or you have a lawyer, right? Let's do this. I'm going to hold off on finding probable cause at the moment. Let me wait for your lawyer to get here. We'll revisit PC here momentarily. Just go ahead take a seat for me if you don't mind in the jury box. Let's wait for uh your lawyer to get here and then we'll move forward.
Sir, you were charged with unlawful carrying of a weapon and you're facing up to a year in jail and or a $4,000 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.
>> Yes, judge. On December 27th, 2024, the officer observed the defendant's vehicle, failed to maintain a single lane, and veering over the left lane on three separate occasions. a traffic stop wasn't conducted and the officer made contact with the defendant, the driver of the vehicle. The defendant advised he was unlicensed and that the motor vehicle was not insured. The officer observed a strong odor of marijuana emitting from the passenger area of the vehicle and the defendant voluntarily produced a partially burnt marijuana cigarette and stated it was the possible source of the smell. The officer conducted a search of the defendant's identifying information, which yielded an open felony warrant for continuous violence. and a search of the defendant's left gene pocket yielded a clear plastic baggie containing a green leafy substance. The substance was identified as marijuana based on training experience. The defendant's motor vehicle was searched incidential arrest and yielded an unholstered AR-15 pistol on the front.
>> AR-15 >> AR-15 pistol, your honor, and the defendant acknowledged ownership of the firearm and stated he used it for protection since his brother is a famous rapper.
find that there's probable cause to go forward with your case. I'm ordering you now as a condition of your bond not to consume alcohol, illegal drugs, or unprescribed controlled medication. I'm going to randomly test you. If I find that you're using, I'm going to put you in jail. Do you understand? You do not have a Texas driver license. You are not allowed to drive. 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 this life. I don't care where you got to go. I don't care what you got to do. If you don't have a license and liability insurance, do not drive. Do you understand?
How old are you, sir? What do you do for a living?
>> Oh, I don't work.
>> How do you support yourself? How do you support yourself? I'm going to support I ain't going out looking for a job yet.
>> It's done.
I will provide you a lawyer today, but it's time to get a job. A full-time job.
When you have too much time on your hands, you become self-destructive.
Not here. Do you understand?
>> All right. Do you mind committing an application, please? I need you to fill out an application for me. I'm going to have you sign a recent Victoria. I'm going to have you meet with Felicia for your bond conditions, and then we're going to go I'm going to get you on the right track, Mr. Golden. Come on.
>> Good morning, ma'am.
>> Ma'am, you're charged with assault of a family member. You're facing up to a year in jail and or a $4,000 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.
>> Yes. The complainant and the defendant are in a dating relationship as of six years. And on December 28th, 2024, the officer is dispatched to a disturbance at a residence in Harris County, Texas.
The officer met with the complainant who stated he was assaulted by the defendant at around midnight that morning. The complainant stated he and and the defendant had been at a comedy club and the defendant was drinking. An argument ensued and the complainant began gathering his belongings and the defendant punched the complainant in the face with her left arm, making contact with the center of his face. The complainant said the defendant also slapped him with an open fist on his right cheek twice, causing pain.
>> Got it. All right, ma'am. I'm going to find that there's probable cause to go forward with the case. Do we know whether he wants to have contact or not?
You guys reached out. Your work was attempted this morning but unsuccessful.
>> Okay. Because I don't know what this person wants. I'm ordering you not to have contact.
>> You have a contract order. No contact.
>> Stop. Don't just don't say anything. I'm just telling you what the expectation is so you know because if you violate these conditions or if you pick up a new case, I'm going to revoke the bond. We'll put you in jail. No more PR bonds. So, no contact, no weapons. Uh there is a protective order that has been issued in this case. Get to know it because if you violate the protective order, they can file additional charges against you. Do you understand? So, what we're going to do now is I'm just going to have you sign a reset with Victoria. We'll have you take a seat in the jury or wait for your lawyer to get here.
>> He's [clears throat] He's not going to come. He's They've already contacted you guys and let you know he's out of town and he'll be back on the night. They said, "I just needed to come and sign my bond conditions." Okay.
>> Maverick Ray >> contacting the weapons.
>> Yes, Judge.
>> All right. So, what we'll have you do is we'll have you just take a seat. We'll have you sign a reset. And I don't know, perhaps we'll Did you hear from Maverick at all?
>> No. Um, they did try to reset it, but I said, >> did they give you a good day?
>> Got it. Okay, so we'll have you sign a reset and we'll just have you take you see the box, >> please.
>> Hey, how are you, Mr. Stewart? What's new, >> sir? How was your new year?
>> Great. Uh, we did PC on your case.
>> Okay.
>> Uh, we just did stand. What's your guys name again?
>> My last name is Ally, your honor.
>> I would like to make an argument on PC.
I don't know whether >> absolutely I'm always ready to hear it.
So refresh my memor.
>> So in Allen's case it was where the officer came to a stop behind the defendant's vehicle and the light turned green. The defendant >> he had expired registration. Right.
>> Uh no your honor. In this case the defendant's vehicle proceeded through the green light and immediately drifted approximately halfway onto the shoulder with other vehicles around it and then jerk back into the lane.
>> Did you were Were Were were there any other vehicles around when this happened?
>> Yes. The officer explicitly wrote there were other vehicles around the vehicle before the the driver jerked back in the lane. So he went into the shoulder and there were other vehicles.
>> Yes sir. My argument is your honor that you know as far as what's actually alleged says the light turned green and the truck along with several other vehicles proceeded which obviously is in compliance with the law. Um the only argument that the state has made here elucidated um is that they observed a Silverado drift into the shoulder with other vehicles around it. If he's drifting into the shoulder, that's not endangering any other vehicle. That's not an allegation of, you know, the safety of anybody else out there on the roadway. The shoulder is away from any other vehicles. Maybe he's doing this in an abundance of caution. There's no indication that it was and was dangerous or endangered any other vehicle, anything like that within the allegations here. Um, furthermore, there's numerous reasons why a vehicle is 100% legally allowed to drive in the right-hand shoulder of a vehicle. I think there's nine reasons in the state of Texas why a vehicle is allowed to drive in the shoulder. There's nothing here that alleges that basically he committed any sort of crime that would lead the officer to then stop him. This is insufficient information and I would argue that there's not valid probable cause here on this case. I think he has a valid point where you know perhaps he's well I mean I don't want to speculate like and you're saying well he's maybe he did it because of this that but >> I I don't want to speculate right because were there other cars I don't know was it dangerous I don't know I mean >> judge but failure to maintain a single lane when there are other vehicles within the vicinity is a valid reason for a stop >> right but you got to articulate facts as well right so [clears throat] according to the statute >> right and I understand because We've had this issue before where it's failure to maintain a single lane, but we're unsure if there's other vehicles. That I can appreciate and understand, but in this case, the officer did specify that there were other vehicles in the vicinity and under Texas law that is sufficient for a stop.
>> I disagree. I I think that when we look at the statute for trying to maintain a single lane, the second half of the statute is that it endangered somebody and there's no indication here that there was any danger. It's >> Wait, is it 5456?
Is that it?
Let me let me record it.
Just do this way.
545.06 section A2 may not move from the lane unless that movement can be made safely.
Shall drive near as nearly as pract practical entirely within a single lane and two may not move from the lane unless that movement can be made safely.
There's no allegation here that the movement was made unsafeely.
I also have the list of, you know, where under Texas law where it's permissible to drive on the shoulder um to stop Sander Park to accelerate before entering the main lane of traffic.
>> Let's look, let's do this. I mean, this is going to take quite a bit of more time. So, can we can you come back? Do you have anywhere else to go? Let me can I blow Let me go through the arrangements, get everybody done and out of here, and then I'll because this is going to take quite a bit more time.
Yes, sir.
>> Right. Give you time to take a look more. So, if you need to you two as well if you want to find try to find any case law. Let me just go through because I have another lawyer that's waiting, you know.
>> Yeah, I'll help you out, but let me blow get through everything. Yeah, for sure.
>> Good morning. Great to see you. How are you?
>> Always always a pleasure.
>> Mr. Vak has you are charged with two counts of assault of a family member. You're facing up to a year in jail and or a $4,000 fine on each. We are 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. you cannot afford one. One will be appointed to you, sir.
>> It's my understanding the states dismiss one of the it's the same.
>> Ah, >> that's my understand.
>> Okay, good to know. Thank you.
>> Sure.
>> On December 29th, 2024, the officer was dispatched to an resident in Harris County, Texas, and was met at the front door by the complainant. [clears throat] >> The complainant stated that the I apologize, your honor.
>> The complainant provided a statement and brought the officer into a kitchen and the officer was able to see redness on the upper left side of the complainant face near her eye. The officer also observed on the complaint a small laceration and flesh and fresh blood.
The complainant had tears in her eyes and stated that the defendant and the she had been in a dating relationship for on and off for six years and that in the morning the defendant and she got into a verbal argument about various issues and the defendant became irate due to her confronting him about the issues and he started belittling her and calling her derogatory names. The complainant then stated that when they were arguing the she responded by insulting the defendant back and then things began to intensify.
Eventually the defendant charged at the complainant and the complainant stated that the defendant slapped her with an open palm across her face, throwing her backwards onto the bed. And as the complainant attempted to cover up her face by turning on her stomach, the defendant punched her in the back three times with a closed fist. and that the complainant did feel pain from being slapped and punched in the back.
Okay, Mr. V, because I'm going to find that there's problem caused to go forward with your case.
I'm entering now what's called a majest order for emergency protection. This identifies Miss Alvarado as a protected individual. You cannot commit family violence.
[snorts] >> It's okay. It's not a big deal. Are they prescriptive? Yes, sir.
>> Back on.
>> I want you to understand that I'm issuing a protective order that identifies her as a protected individual. You cannot commit family violence or an assault against this person, commit an act in furtherance of an offense under section 42.072 of the Texas code, which is the stalking statute. You know, threaten, harass, use another person to communicate a threat or harass behavior. You cannot be in possession of weapon or go within 200 feet of where she lives or where she works. Do you understand?
>> Yes, your honor. If you violate this, the state can and will file a violation protective order against you. And it's one of the worst cases you can pick up.
Just don't have any contact. Don't have any weapons and you'll be fine with us.
Got a great lawyer. Listen to him. He'll take care of you because you have a lawyer. I will wave your parents. But you have to stay in contact with him. If he comes back, tells me he can't get a hold of you because you've taken off, a warrant will be issued. You pick up a new case, a warrant will be issued. It's not hard. Do you understand?
[clears throat] Do you understand?
>> Yes, your honor.
>> Okay. We're going to have them file all the documents. We'll have you sign it and after that you'll be free to go.
Okay.
>> Do you want a PR bond?
>> I just didn't want to fight too much.
>> Of course.
>> Please. Um I just see the stuff from 92.
That's all I see. Right. Is that it?
Okay. I'll grant you a PR bond. But understand this is the only one I'm going to give you. You become a danger to my city. you become a danger to my community. I'm gonna yank that PR bond and I'm gonna make it hot. You understand?
>> It's not hard. All right.
>> Okay. There's a ton of paperwork we're gonna have to do. So, just pick a date with Victoria and then you're good.
Don't leave until you sign all the paperwork and arrive. Okay.
>> Sir, you are charged. Do you speak English?
>> Yeah.
>> Yeah. No, John. Better. You're charged with reckless driving up to 30 days in jail and or a $500 fine. Hey, Conrad.
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.
>> I apologize, your honor. What's the last name of this?
>> Turu Bartes. T U R R U.
>> Thank you, your honor.
>> Okay. The officers were surveying a known street takeover group in a large parking lot in Harris County, Texas when the officers observed the defendant's vehicle spin its rear tires and do approximately four to five donuts in the pit coming within 10 to 15 ft of other vehicles. Undercover officers kept their eyes on the vehicle until other officers were able to conduct a traffic stop. The undercover officers also identified the driver as a slim Hispanic male with curly hair. The officers observed the defendant in the driver's seat and the defendant admitting to doing donuts.
>> All right, sir. I'm going to find that there's probable cause to go forward with the case. Have you seen if he has a valid license?
>> All right, your honor. Please, I'm ordering you as a condition of your bond not to partake in this type of behavior again. No racing, reckless driving, donuts, street takeovers. If I find that you do, I'm going to put you in jail. No more PR bombs. Do you understand, sir?
>> [snorts] [clears throat] >> I apologize. It's loading right now.
>> Yes, no problem.
>> Okay.
You mind crafting those orders? We are going to reset your case to give you time to hire a lawyer. So, I'm going to have you sign a reset with Victoria.
We'll get you in the jury box. We'll get your bond conditions. We'll have you sign it, and after that, you'll be free to go. Be careful. Don't drive like this again. Do you understand?
>> Yes, ma'am.
>> Okay, ma'am. You're charged with assault causing bodily injury. You're facing up to a year in jail and or a $4,000 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.
>> Yes, judge. On December 27th, 2024, the officer was dispatched to a disturbance at an apartment in Harris County, Texas.
The officer made contact with the complainant and the complainant and the defendant are cousins. The complainant and the defendant do not live with each other and the defendant was staying with the complainant for a couple of days.
The complainant stated she and the defendant got into an argument about the defendant's lifestyle. The defendant became upset and started to throw the complainant's belongings out of the apartment. The complainant and the defendant continued to argue and the complainant tried to open the door to retrieve the belongings. And the defendant grabbed the complainant's arm, applying pressure and scratching the complainant's arm, causing a deep cut, bruising, bleeding, and pain. The defendant stated she had been arguing with the complainant earlier in the day.
And the defendant stated she got fed up with the complainant criticizing her and asked the complainant to leave. The defendant stated the complainant pushed her and took her phone and the complainant small dog caused an injury and the defendant did not recall injuring the complainant.
Do you know if alcohol played a part in any of this?
>> There's no allegations on it.
>> Okay, ma'am. I'm going to find that there's probable cost to go forward your case. I'm already use a condition of your bond not to have any contact with the complaining witness in this case and not to be in possession any weapons. Do you understand? These are your bond conditions. If you violate these conditions, a warrant will be issued.
You will go to jail. No more PR mons for you, man.
>> We will do that. We'll give you time.
Yes, we're going to do that now. I'm going to have you sign a reset. Victoria will give you 30 days, but I'm going to have you also 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 in. All right. Please, Mr. Wear, you're charged with unlawful carrying of a weapon. You're facing up to a year of jail and or a $4,000 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.
>> Yes, sir. On December 28th, 2024, the officer was dispatched to a robbery that just occurred in Harris County, Texas at a restaurant. While in route, the officer observed males walking on the south side of the store where the robbery had occurred, matching the description the reportee provided. The officer called in an attempt to contact the two individuals and located the two males wearing dark hoodies, dark pants, and shirts tied to their heads that look like makeshift ski masks. The officer made contact and asked if it was okay if they were padded down for weapons, and both individuals ran off. A short pursuit lasted approximately 50 feet where the codefendant slipped on a puddle of water and the defendant ran approximately five feet before being grabbed by the officer. The defendant, 19 years old, whilst trying to stand the defendant on his feet to walk to the patrol vehicle. Uh the officer found on the defendant a loaded Glock 9 millimeter which fell out of the pant leg of the defendant.
>> So this is part of an egg rob as well, right?
>> Amanda, >> what happened on the rob?
[clears throat] One moment, your honor. So during the egg rob, the complainant stated that while he was walking into the store to grab a food order, the two males stood outside the store watching him. And as he walked out of the restaurant, they blocked his path and one of them pulled out a gun on him and the other yelled him for his wallet and keys.
>> Where where is this?
>> It was one moment. There's an address, but not a name of the business.
at a Sunny's food store. [clears throat] Mr. Wear, I'm going to find that there's probable cause to go forward with the case. I'm ordering you as a condition of your bond not to consume alcohol, illegal drugs, or unprescribed controlled medication. I'm going to randomly test you. If I find that you're consuming alcohol or legal drugs, I'm going to put you in jail. No more PR bonds. I'm now also giving you a curfew.
I don't want you out in the middle of the night. And I'm going to put a monitor on your ankle so I know where you are at all times. Do you understand?
If if I find that you're a danger to my community, I'm going to lock you up and I'm going to make your bond so high. Do you understand, sir?
>> No contact with the code in this case and no weapons as well.
>> Yes, sir.
[clears throat] How old are you, sir?
>> 19.
>> Did you graduate from high school?
>> Yes, sir.
>> What are you doing with yourself now?
>> Not much.
>> Are you working?
>> No, sir. I was planning on going to the military. I was I was talking to a military.
>> I just I want to know what you're doing with yourself. If you're working, if you're doing anything because once you get a job, too much time on your hands, you become self-destructive. You need something to do.
>> Good. Get it done. You need to get a job and I want to make sure that you're going to get a job. I'm going to provide you a lawyer today, but I want to see here within the next couple weeks what you have done to get a job. If you've done nothing, life's not going to go well. Do you understand?
>> In this life, you have to be productive.
You have to either get yourself an education or get yourself a a a trade, a job. Because I'm going to tell you now, when you turn 40, if you don't even have if you don't have a career, if you don't have an education, if you don't have anything, [clears throat] this life is not going to be a good one for you.
Because I'm going to tell you, life sucks without money. You need money.
Otherwise, it's going to be just a rotten toilet of an existence. Do you understand?
>> So, we're going to make sure here you're going to leave better than you can. So, you must either get a job or get into school full-time. Do you understand?
>> Yes, sir. I'm going give you a lawyer today and I'm going to bring you back in two weeks and we'll see what you've done with yourself.
>> All right.
>> Odd McClean. Yes, sir.
>> Mr. McClean, you're charged with interference to the duties of a public servant. You're facing up to 6 months in jail and or a $2,000 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.
You cannot afford one. One will be appointed to you, sir.
>> Yes.
>> The officer is dispatched to an apartment in Harris County, Texas in response to a disturbance. Prior to their arrival, the officers were told the defendant was in an altercation with the child's mother, was intoxicated, and had a firearm. Upon arrival, the officers observed the defendant banging on the door to his residence, and the officer told the defendant to show his hands, and the defendant ignored them.
The defendant then pulled his handgun from his waist to show the officers that he had it and then placed it back into his waistband approximately four times.
The defendant eventually put the handgun down, but told officers they would have to tase him to get him to stop. The officers then attempted to detain the defendant, but the defendant continuously pulled his hands away and kept placing them in his pockets. The defendant was then tased twice, but kept putting his hands back into his pockets.
The officers were eventually able to detain the defendant.
>> Did you say initially you said he was intoxicated, right? Is that what you said?
>> Report intoxicated.
>> Okay, Mr. McClean, I'm going to find that there's probable cause to go forward with the case. I'm ordering you as a condition of your bond not to consume alcohol or illegal drugs and not to be in possession of weapons. Do you understand?
What do you do for a living, sir?
>> Photographer.
Do photography.
>> Okay. What kind of income do you have from photography?
>> Income coming in. What what you want to know? Monthly or?
>> Yeah. Do do you have the ability to hire a lawyer?
>> Yes.
>> Okay. We'll give you time. So, I'm going to have you meet with Victoria. We'll have you sign a reset. I'll have you get with Fleece for your bond conditions.
After that, you're free to go. All right. Please.
Okay.
Ready?
>> Yeah. Sorry to keep you away.
>> How are you?
>> Do we have an We have Zuber. Zubar, right?
>> How are you?
>> Good. Good, man. [snorts] >> We have a working hard. Um case was filed late April. He had a retaining lawyer in the beginning. He came to me middle of June. I subbed in late June. I had a couple settings.
>> Where do you want to go? What do you want?
>> We're asking for about 30 days to flush some stuff out, but I think ultimately what I'm slightly disappointed with is the way the case was presented by the agency to the DA's office. It's not their fault. We've been put in a in a time crunch where we got to November and we began to run up against your 180 days and [clears throat] I think we all kind of realized the agency didn't bring over what they needed to bring over.
>> So, are you still lacking stuff?
>> I think we're all in a position where it's less some of the initial discovery is complete, but because we're all working so hard, there's some subsequent discovery that needs to be done based on >> and so Kelsey's been great. She's working hard talking. But I mean, what do I need to do? Because we're now at 240 days. We're still missing stuff.
It's unacceptable.
>> I would suggest this is one of those moments where I would say we all been doing this a long time. If you just trust me, you say we really just need 30 days to work on some things and then come back. And I think we'll be in a better position then to know with clarity whether we're working this out or not. And we need a trial date. Well, then I I'll give it to you, but at the next setting it's player trial, you know, >> like that's it.
>> And I appreciate your position is like, hey, that have an idea of when and how I want to move things. Um, every now and then things get messy. [snorts] This one's gotten a little messy, but >> typically when we face this type of dilemma, what I do is I order them and I subpoena the people who have >> Yeah, this is a little different than that. This is a this is this is different. And if we were in more and I think you did that back in November because there were some screenshots or something that maybe weren't complete yet and then so you asked for a compliance hearing and then some more information was provided which again really only happened because the agency in the beginning didn't have a detective assigned to the case to really work it and they'll get over it. Like I'm used to a small town of a detective this didn't happen here. Um and so a lot of it's been thrust in their lap barely probably. Um, and so >> she's good. We're all good. Got [snorts] working on it. If you give us 30 days, >> I'll give you the 30 days, but at the next setting, it's a player trial. I mean, it's a because by then we'll be, you know what, 275. So, >> close to 60, but I wasn't on it.
[clears throat] >> Yeah. I mean, and that's why I'm giving you the benefit of the doubt.
>> Three for one.
>> Okay. All right. We got it.
>> Thank you, sir.
>> Okay. Sure.
>> Your honor, Mr. Viag to the uh to the mailbox pole. He didn't stop. He got out of the car. There's no one to talk to. And uh so from there, he [snorts] went to his residence, your honor. But uh you know, it's not a case where he didn't identify himself or anything. And then we don't know what the restitution amount is going to be from that box.
>> My my concern was that according to the statute, right, it says that you're supposed to I don't know. I don't even >> take reasonable steps to locate and notify the owner or person in charge of the property of the collision.
What time? It was just the middle of the night.
[snorts] >> 1:50 in the morning.
>> I don't think it'd be reasonable to knock on anyone's door. I don't think one would open.
>> I mean, reasonable steps. You know where the person lives. You hit their mailbox.
It would be pretty easy to walk up and knock on the door.
That is that reasonable? I mean, if you go up to someone's door at 2 in the morning and you start knocking on the door, are you going to scare the >> judge? But I would want to know if it were my mailbox and somebody ran their car into it.
>> Would you open the door and go out?
>> I would look through the people and I'd see >> I guess there are other other measures I guess you could take. Theoretically, >> do something some, >> right? I guess leave >> maybe leave a note on the door.
>> Okay. All right. [laughter] Mr. Biagas, come up.
I mean, reasonable measures, right? And I guess that would have run his license. See if he has a valid Texas driver license. Mr. >> An out of state Florida license that appears valid in our system.
>> Okay. Mr. Bakz, I'm going to find that there's probable cause to go forward with your case. I'm ordering you not to drive any vehicle unless you have car insurance in your name. Do you understand? If I find that you're driving without a license and or liability insurance in your name, it's [cough] not going to go well [clears throat] for you. Do you understand? Okay. Um, you've got a lawyer. Listen to your lawyer. He'll take care of you. I will wave your appearance so you don't have to waste your time coming to court, but you have to stay in touch with Mr. Fam. He'll tell you when you have to come back to court. If he tells me he can't get a hold of you or you pick up a new case, I'm going to revoke your bond, put you in jail. No more PR bonds. You understand? Okay, guys. Um, any conditions you think I'm okay condition. Just no driving without insurance.
>> Yeah. Just be careful out there. Okay.
>> You guys have insurance. Can you rip the CW?
>> Yes.
>> And then we can settle it.
>> You did have insurance. Hopefully.
>> Wonderful. Right. Okay. All right, man.
Take care. Have fun. Can you file that?
Do you mind those conditions? All right, Michael. He still needs to sign the conditions and then he can go.
>> Yes, sir.
>> Okay. So, just Sir, you're charged driving while intoxicated. Second offense. You're facing up to a year in jail and or a $4,000 fine. We are going to do probable cause. You have the right to remain silent.
>> Hey, Seenor.
>> Hat off.
>> 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, [clears throat] sir. Yes. Yes.
Okay. On December 28th, 2024, the officer came to a stop behind the defendant's vehicle and the light turned green and the defendant's motor vehicle proceeded and the defendant's vehicle immediately drifted approximately halfway onto the shoulder with other motor vehicles around it before the driver jerked back into the lane.
Traffic stop was then initiated and the officer made contact with the defendant.
The driver and so occupy of the vehicle.
The officer observed slurred speech, bloodshot eyes, unsteadiness on feet, and an od of an alcoholic beverage. The defendant admitted to consuming one alcoholic beverage and standard arritis were administered. HGN 6 out of six. The walk internal one leg stand could not be performed due to the defendant complaining of leg pain. The defendant was read the DIC and contented to breath. The result was 0.192.
However, the defendant was unable to provide a second sample and consented to a blood draw.
>> Mr. Allen, I'm going to find that there's probable cause to go forward with your case.
>> Does he have a license?
>> All right. How many prior DWBI does he have?
>> He's one prior here.
>> One. Okay. Mr. Allen, I'm going to find that there's probable cause to go forward with your case. And I'm ordering you as a condition of your bond not to consume alcohol, illegal drugs, or unprescribed controlled medication. You have a valid license. You don't you cannot drive unless you also have valid liability insurance in your name. And I'm now placing a restriction on your license that you are not allowed to drive any vehicle that doesn't have an ignition interlock on it. If you're caught driving a vehicle that doesn't have an interlock, I will revoke your bond, put you in jail. Do you understand?
I'm sending word and notice to DPS so that every police officer in the state is going to know if you get pulled over and you're driving a vehicle that doesn't have an interlock, they're going to arrest you on the spot. Do you understand?
I see that you have a lawyer. Because you have a lawyer, I will wave your appearance, but you must stay in touch with Mr. Stewart, and he will tell you when you have to come back to court. You don't have to waste your time coming back here, but you must stay in touch with counsel and he'll tell you when you have to come back. You understand?
>> So, I I need to wait for him now.
>> We're going to have you wait for him now, but after today, I'm going to wave your appearance so you don't have to waste your time. We'll just have you work and do your life while we get evidence or while he gets evidence to uh work the case up, [clears throat] >> right? We'll just I'm going to have you sign a reset. I'll have you meet with Felicia for your bond conditions and we'll just have you waiting back for Mr. Stewart to show up. Okay.
>> Please. Sir, you were charged with assault of a family member. You're facing up to a year in jail and or a $4,000 fine. We are 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.
>> Yes, judge. The officer is dispatched to a disturbance at a residence in Harris County, Texas. And the complainant, the mother of the defendant, told officers that the night before her and the defendant had gotten into an argument.
The defendant returned the next day to get his belongings. and the defendant walked up to the complainant with a fighting stance. And the complainant told officers that the defendant grabbed her wrist, causing pain and scratches and attempting to pull her. The defendant stated, "No [ __ ] you're coming downstairs with me." The complainant pulled away and the defendant then slapped her in the face, causing pain. The witness, the defendant's sister, also saw the assault.
>> Mr. Brunson, I'm going to find that there's probable cause to go forth your case.
>> No, now is not the time. You will have the opportunity. Now is not the time.
I'm just trying to find if there's enough probable cause to go forward. If so, what kind of conditions to put on your case, if any.
>> Have you reached out to the complaining witness? Do we know what she wants?
>> So, we made an attempt and she couldn't speak to us at the time we called. So, we'd have to reach out.
>> Okay, Mr. Brunson, I'm because I I always like to follow the wish at stop.
I'm letting you know what the expectation is in this court.
>> Yes, sir.
>> You have the right to remain silent.
Exercise that right. I've got a bunch of DAs here. Whatever you say, they're going to sit there and type it and use it against you.
I like to follow the wishes of the complaining witness. When I don't know what they want, I'm going to order you not to have any contact with them. I'm also ordering you not to possess any weapons as well. There is a protective order that has been issued in this case.
And if I were you, I would get to know it because if you violate the protective order, the state can and will file additional cases against you, including a violation of protective order, and that is the capital murder of misdemeanors. Do you understand? So, get to know it. 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 and sign a reset. We will have you take a seat in the jury box while we get your bond conditions ready. We'll have you sign it. And after that, you'll be free to go. All right. Please.
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