Judge MUTES Victim—Then Dismisses Case!

Ajouté : 2026-05-15

[00:00:00]All right, Mr. Tomlinson, we're done.

[00:00:01]I'm not, I have repeat warned you several times about discussions of your own Stop arguing with me right now, Mr. Tomlinson. Mr. Tomlinson, are you also appearing via WebEx?

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

[00:00:14]Court will note that named victim, Mr. Tomlinson, is also appearing via WebEx.

[00:00:18]Your Honor, I I move to dismiss this case um based on two things. One, I don't believe I have a problem with actually case that I could present uh to a jury.

[00:00:29]There is uh in my opinion, there would be issues as to who was the aggressor in the in the fight. Um and and I also have a a witness unavailability. Based on that, Your Honor, I have moved to dismiss the case further. Let me make a record regarding VRA. Um Mr. Tomlinson is in DOC.

[00:00:52]>> Mr. Tomlinson, any record that you wanted to make regarding or anything you wanted to say regarding the prosecution's record and request to dismiss?

[00:01:04]Let me make sure you're unmuted. Hold on, Mr. Tomlinson.

[00:01:07]What's that? Hang on.

[00:01:09]Okay. What I would I like to let the courts to know is uh uh I was not the aggressor in this uh first degree assault, in my opinion. I have a broken thumb from this incident. I mean broken. It ain't fractured or hairline fractured.

[00:01:28]It got looked at when I was on the streets out on bond after you gave me 10 years of DOC.

[00:01:35]Mr. Tomlinson, I'm going to make it very clear. Hold on, Mr. Tomlinson. You have the right and opportunity to talk about the dismissal in this case. It is not the time for you to make comments about the court's sentencing in your own case.

[00:01:50]Is that clear?

[00:01:51]Yes, ma'am. No, I'm just stating that when I was on the streets, I went to get looked at by medical attention before I got sentenced to my case off of the streets out on bond.

[00:02:03]And I have a broken thumb. I mean, it is clear to see.

[00:02:07]And I mean, broken.

[00:02:11]It's bent. It's trashed. My pinky is broken.

[00:02:16]Okay? I ended up with a black eye and a bloody nose in this fight.

[00:02:21]He swung on me three times in front of the jail camera in C pod underneath the cameras. It is clear to see I ducked all three of them and had to do what I had to do in self-defense. We both ended up in the metal staircase.

[00:02:35]He got to swing on me.

[00:02:37]What's I was denied. Okay, the cops came in 7 10 minutes later through this altercation fight or assault in my eyes.

[00:02:50]Uh the cops swarmed in.

[00:02:53]And they broke the fight up. They took me out. They stuck him in his cell. They later on took me, stuck me back in my cell, denied me of medical attention.

[00:03:05]I was denied medical attention with a black eye and a bloody nose.

[00:03:09]Okay?

[00:03:11]They then moved me into my cell, made me stay in my cell for 5 days without any talking to any officers or anybody. All of a sudden, Mr. Wright, Deputy Wright, came into my cell asking me to sign a statement where I said, "Absolutely not." Uh I agreed to go to a hearing. I was never took to a hearing at all. Okay? He uh Eric Chevalier uh uh was, you know, then placed in his cell for 24 hours is all. I was placed in mine for five. We were kept in the same exact pod, which is unlikely to happen in any county jail across the United States of America when an all state jail like this happens or or fight like this happens.

[00:03:57]Uh I was then later on sent a victim's compensation fund packet.

[00:04:04]And I don't know why Mr. uh De uh Ms. De Jose and George Clark, the DA, and uh Jeffrey uh uh M. Lindsey sent the packet to my mother's address knowing that I was in the county jail.

[00:04:20]But it got mailed to my mother's address on 105 They knew I was in the county jail. I was in the county jail for 8 months. 9 months.

[00:04:29]I then bonded out with you lowering my bond, your honor.

[00:04:34]And I went and did what I had to do on bond.

[00:04:40]And when I filled out the compensation packet, it was left in your courtroom on November 14th with my lawyer, Tyler Jolly.

[00:04:53]Okay?

[00:04:55]And me and my son have never seen the packet, never talked to Mr. Jolly, who basically coerced me into accepting a plea on my other case. Uh and everything, okay? So, I now need all footage of the video cameras and all that saved and be brought in back in the court. I don't know how long you guys can continue this for, but it is real difficult in the process in DOC.

[00:05:22]You have to fill out a phone list and get people's phone numbers and addresses uh okayed on your phone list before you can actually contact them, which takes sometimes several weeks.

[00:05:33]Okay? Uh I'm going with Kilmer Lane and Newman up in Denver, 1543 Champa Street, on this case plus my uh other cases, also. So, I need the courts to do me a favor and I need all body cam and video cameras, dash cams and of this incident also uh mailed or faxed, however, to Kilmer, Lane and Newman, which is my constitutional rights civil rights attorneys.

[00:06:07]Uh I know this has nothing to do, Your Honor Ms. with uh with my other cases, but I'm just letting you know that all these need to be saved because uh I'm not just letting this fly over with a broken pinky and a broken thumb and a black eye, denied medical attention and then obviously George Clark himself knows, Your Honor, that uh something had happened to me or he would never uh mailed me a uh victim's compensation fund packet.

[00:06:37]Okay?

[00:06:39]This packet disappeared on the day that you sentenced me on my case number 24-C-045029.

[00:06:47]To 10 years in DLC. The packet just like fell off the map out of your courtroom with my lawyer Mr. Tyler Jo- Tyler Jolly, who wasn't much of a lawyer to begin with.

[00:06:58]Uh Uh so, anyhow, I mailed and I also mailed you a letter. I don't know if you got it. I'm hoping you did on my other cases on a motion for reconsideration.

[00:07:11]Uh because I haven't got anything back from >> Now is not the time for that, Mr. Tomlinson. Okay.

[00:07:17]>> not discussing your own cases here. We are discussing this case. Yeah, so if I can get the uh I mean, I pretty much let the courts know exactly what happened.

[00:07:27]Uh The court is well know, I'm sure that Mr. Eric Chevalier with 211 prison gang vibes president crossed the gut with stomach leader is uh the one who assaulted me in jail.

[00:07:42]So, uh I I don't know how this could just be dismissed with all this compensation victim compensation fund packet mailed to myself, and I haven't had a chance to go to court, and I think actually that the district attorney's office tried to scapegoat out of this little incident or this case by trying to contact me within 3 days of a notice of court hearing when they know how DOC courts work that they're within at least 14 days minimum to be notified.

[00:08:19]All right, Mr. Tomlison. I don't know how we need to just continue this on further until I get a hold of a lawyer to go to court with me cuz I'm not accepting another appointed defense counsel out of Denver like I did Mr. Jolly who railroaded me in my case, so I wouldn't do that in this case. All right, Mr. Tomlison, we're done. I'm not I've repeat warned you several times about discussions of your own Stop arguing with me right now, Mr. Tomlison.

[00:08:46]I'm not arguing with you, ma'am. I'm speaking, you're not. No more. Is that clear? I've warned you multiple times about talk Stop speaking, Mr. Tomlison.

[00:08:58]I have warned you multiple times about not talking about your own case. The purposes for your statements today are as to this case and the dismissal motion by the prosecution for this case. So, I've gotten a record from you on that. I am finding that that record is sufficient at that time. I'm not going to continue to give record time for you to complain about other cases. So, I will be muting you at this time because I have received your position.

[00:09:25]What I will indicate is I am not granting a a continuance on your request here. You do not have standing to request a continuance in this case.

[00:09:35]However, I am ordering that the prosecution comply with the VRA statute in regards to your request for records.

[00:09:43]Um, and ultimately, there are other legal mechanisms for you being provided discovery from this case. Rule 16 under the rules of criminal procedure do not require that this court order for the prosecution to provide discovery in this case to a named victim. So, I am denying that request through this case, but I am ordering the prosecution to to continue to comply with the VRA statute and any obligations for providing records under the VRA statute. And certainly, if you are seeking counsel for a civil case, they can uh pursue discovery actions through that case as well.

[00:10:20]Court is finding that the prosecution made a representation that they ethically cannot proceed forward in this case because the prosecution does not believe that they have a prima facie case in this situation. I am taking Mr. Clark's word as an officer of the court regarding that position, and I am granting the dismissal at this time.

[00:10:41]That being said, there are mechanisms through the Victims' Rights Act, Mr. Tomlinson, that you can pursue to review the motion to dismiss that is filed, but I am granting it at this time.