Judge West GOES NUCLEAR After Defendant TALKS OVER Her Warning!!

Added: 2026-05-25

[00:00:00]So, you're Hang on a second.

[00:00:02]You're asking me questions that your attorney has already gone over. Mr. Listen, don't talk over Don't talk over me.

[00:00:09]Listen.

[00:00:11]Listen.

[00:00:12]Listen and don't talk for a minute. So, you know I was I was trying to make sure.

[00:00:18]We're not here for a math test. Do you want to take the deal or do you not want to take the deal?

[00:00:23]I'm going to take judicial notice in Mr. Cain's file.

[00:00:28]Mr. Cain was evaluated for competency to stand trial by Dr. Grapone. I've received that report dated August 13th of 2024. Dr. Grapone made the finding that Mr. Cain is currently competent to stand trial. Is there any other evidence with regard to competency, Mr. Parker?

[00:00:47]>> No, you're right. Ms. Malfino.

[00:00:49]Then at this time I am going to find that Mr. Cain is competent to stand trial.

[00:00:55]Mr. Cain, you're charged by indictment with the offense of assault on a peace officer, and that is from April 3rd of 2024.

[00:01:06]And what that means is if you go to trial and a jury finds you guilty, the range [clears throat] of punishment is between 2 years and up to 20 years in prison. Do you understand what could happen if you go to trial and you're found guilty?

[00:01:19]I understand, but can I ask a question?

[00:01:21]Sure.

[00:01:23]I got it.

[00:01:24]I guess the pros for camping out but I wasn't out with night. I just came back from the store.

[00:01:30]So, here's the thing. The What happened surrounding this offense or what they charged you with, that's information for your your lawyer.

[00:01:40]And if for some reason you're not If you believe you're not guilty, then that's what a jury's for and we can let your case go to a jury.

[00:01:48]That's what we're going through. So, it looks like the state has made an offer.

[00:01:53]If you wanted Right here, the courtroom energy completely shifts. The judge is laying out the stakes in plain English.

[00:02:00]Take 5 years now or risk anywhere from 2 to 20 if a jury convicts him. And notice how she keeps redirecting him back to his attorney. That's because this hearing isn't about arguing innocence, yet it's about making sure he understands the consequences. But here's the real question. If you believed you could beat the case, would you gamble on trial or lock in the deal?

[00:02:19]>> The entering of guilty for a 5-year term in prison. You have every right to reject that. Let a jury decide two things. The first is to decide if you're guilty or not. And then if they find you guilty, then they can decide what your punishment is. Do you understand?

[00:02:36]I understand but as far as it being my first offense, I don't want to get out [clears throat] of it. It Here's the thing. Well, here's the thing. The offer is I don't get involved in the negotiations. That's not part of my job.

[00:02:47]So the state has made their offer. If you want to take it, you can take it. If you don't, then you let a jury decide.

[00:02:54]And so I just want to make sure you understand if you go to a jury what your options are today and what your consequences could be if you go in front of a jury. And your honor, I I've discussed these facts and he concerns he's had with Mr. Nichols and explained to him the situation after he's had it evaluated and I've again to talk to him about the offer and Mr. Offer I mean Mr. Nichols has remained steadfast on the offer that he's made previously which is his offer today. Okay.

[00:03:19]This said that you're aware it's not his first offense since actually before you in 2018.

[00:03:26]Okay. So that's a felony four Burglary of a building it sounds like. But the state jail felony was what? Mhm.

[00:03:33]It was dismissed. [clears throat] I've gone over it. Okay. So it it doesn't appear that it was dismissed.

[00:03:41]But I just want to make sure what now we're talking about this case. The offer is what the offer is from the District Attorney's office. So you either take it or you go to jury trial. I don't telling them about this case as far as what she said to go off of.

[00:03:54]>> Look, regardless of that, that doesn't change if even if you had it, it doesn't change the punishment in this one. Okay? That can be figured out by your attorney very easily if you have one or not. So, I just need to know if you want to take the 5 years on this case or if you want to go let a jury decide.

[00:04:13]>> Can I ask her a question? No, you cannot ask her a question. Our son said that was a felony or not. It's a state jail felony burglary of a building is what um Sorry, excuse me. Go ahead. It was a felony conviction with uh county jail time, so he may misunderstand that he is already a convicted felon. Okay, so it sounds like you got a 1244, which means you got a state jail felony conviction, but you did your time in the Jefferson County Jail. So, you do have that state jail felony conviction even though you did your time in the county jail. That's what the paperwork looks like.

[00:04:46]>> So, I got 1244A.

[00:04:48]Mhm. Okay, but from what I understood it got dismissed.

[00:04:52]>> It doesn't get It did not get dismissed.

[00:04:54]So, a 1244A is not a reduced It's where you do your punishment in county jail.

[00:05:01]And I I go over all of that with anyone who's in front of me. So, I'm sure I did the same with you.

[00:05:07]>> That's what I'm saying. It's a state jail felony conviction, but we're going to stop talking about that because it doesn't matter right now.

[00:05:14]>> would have to tip to find out because I ended up going to Justice of the Peace for like >> That's misdemeanor court. Exactly, so for the misdemeanor That's Listen, it doesn't matter. Whatever that prior is or is not does not matter on this case right now. This case that you're charged with, second-degree felony assault on a peace officer, the District Attorney's office has made an offer of 5 years.

[00:05:38]Take it or go to trial.

[00:05:41]The prior is not what is enhancing you, it's not changing this. The offer is what the offer is.

[00:05:47]Do you want it or do you want to let a jury decide? How much back time?

[00:05:52]How much back time is something I actually have to I I've discussed that with him this morning, Judge. He has approximately 100 days. So you're Hang on a second.

[00:05:59]You're asking me questions that your attorney has already gone over. Mr. Listen, don't talk over Don't talk over me.

[00:06:06]For school Listen.

[00:06:08]Listen.

[00:06:10]Listen and don't talk for a minute.

[00:06:12]Because I don't think you've been listening to Mr. Parker. Mr. Parker sounds like has explained everything to you.

[00:06:18]He's asked the clerk, she has figured out your time, how much credit you have.

[00:06:23]I don't know how much time He doesn't know how much time you would actually do on a 5-year sentence because it depends on parole and good time and all of that and how you behave in prison. It's a 5-year sentence. You would be eligible for parole after a quarter of it. That's all we can tell you. And he can tell you how much credit you have.

[00:06:44]But it's just eligibility for parole. We don't know when you're really going to make it if you do. That's up to you and how you behave. I need to know if you want to take that This is the moment that's about to go viral. The defendant is desperately trying to calculate parole time, back time, and credits. And the judge shuts it down with "We're not here for a math test."

[00:07:05]Brutal, maybe. But legally, she's trying to stop the hearing from spiraling into confusion. The bigger issue is this. He keeps searching for certainty in a system that rarely guarantees anything.

[00:07:15]And honestly, you can feel everyone in the courtroom getting impatient. Or if you want to go to trial.

[00:07:23]So what do you want to do?

[00:07:24]So can I ask you another question? Sure.

[00:07:27]So you said a quarter a quarter of it I'll be eligible [clears throat] for parole.

[00:07:31]>> Mhm. But he said I have 100 You know what I'm saying? 100 days.

[00:07:34]>> Yeah. Back time. So 100 days what? Like 6 months now and I got 100 days back time. So here's the thing. I went to law school because I'm not good at math.

[00:07:43]I have no idea. Well, do the math. I don't know.

[00:07:46]I mean, it's a quarter of five is About a year 3/4 About a year and three months. So, you know. I was I was trying to make sure. Well, I I just We're not here for a math test. Do you want to take the deal or do you not want to take the deal?

[00:08:04]He asked me today, Judge, if he would get out if he took the deal and I said you would not get out today.

[00:08:08]>> No, you don't get out today. You got to go, get your number, and do all this stuff. Mr. Parker's answered all this. I got other stuff to do. Do you want to take the deal or do you not want to take the deal?

[00:08:16]It's not going to be on the table after today. If you reject this offer today, I'll set your case for trial and this offer will be off the table. I want to make sure you understand that as well. I don't accept plea agreements once I put your case on the trial docket.

[00:08:29]So, what do you want to do?

[00:08:35]You can take it to trial.

[00:08:37]Okay.

[00:08:38]Uh so, we'll put your Okay, so you understand that I'm not going to take this five-year deal and it's not going to get any better after today. You understand that, right?

[00:08:47]How could it not get better if I Because I'm telling you it's not going to get better. I'm not going to accept a plea agreement for less than five years after today cuz I don't play with my trial docket and just put cases on it so somebody thinks, "Well, if I >> [clears throat] >> make it last a little longer, maybe I'll get a better deal later."

[00:09:05]This is your deal today. If you don't want this deal, that's fine. It's either going to have a jury decide, which is fine, or the deal's going to be higher, not lower. Do you understand?

[00:09:21]And I'm not doing this to just for everybody on the trial docket. If you want a jury to decide, fine.

[00:09:27]You want the five years? Take it today because after today, five years is gone.

[00:09:33]What you want to do?

[00:09:39]>> [clears throat] >> Let's see.

[00:09:43]So, you pretty much told me in so many words that you weren't going to allow me to beat my case. No, I'm completely going to allow you to beat your case. If you want to take it to a jury, 100% we're going to get it set for trial and you'll be up for trial in a whenever the next available trial docket is and a jury can decide if you're guilty or not and if you're guilty, then they can sentence you to whatever they think is appropriate.

[00:10:06]So, you absolutely I'm telling you that you can try to beat your case. I just want you to understand that if you want if you think you're putting it on the trial docket to buy some time to get a better deal and then you want to plead guilty later, that's not going to happen. Let's understand this that if anything he used excessive force and it's not necessary.

[00:10:26]Well, I would like to be able to challenge the public service.

[00:10:30]We're not negotiating, Mr. Cain. We're not negotiate You and I aren't negotiating today. The negotiations done. Do you want the 5 years or do you want a trial?

[00:10:40]Can you say the trial the trial will be within like a year? I have no idea when it'll be. It'll be the initial I mean, it just goes on the trial And there it is, the hesitation that changes everything. He finally says he'll take the deal then instantly pivots to not guilty. That single flip completely resets the courtroom. Now the judge has to treat this like a real trial case, not a plea deal negotiation. And once she says the 5 years is off the table, that door may never reopen. Question for you. Do you think he genuinely misunderstood the process or was he trying to stall for a better offer?

[00:11:12]docket with everything else. And as soon as it comes up, if it's number one that day, it goes.

[00:11:18]Um, it depends on how old the cases are, it depends if somebody's in custody, it depends what type of case it is. So, I can't guarantee you when your trial will be.

[00:11:27]I would like to think it would be but you know, you know, a year or less but I can't for sure tell you that.

[00:11:35]We're doing really good with moving trials. Do the best we can, but it I can't tell you for sure when that would be. Question, but I don't I don't know what what was the name of this law. I don't know I don't know the law. We're not going back to that. Just let me [clears throat] know. We're not no more.

[00:11:49]>> that chain on the door? We're We're not going back to a burglary. When did you see her? Okay. Do you want the deal on this one or do you want to go to trial?

[00:11:57]Huh? Do you want the deal on this one or do you want to go to trial? We're not talking about the other again.

[00:12:03]What did you do? All right. I'll hold it while y'all go You need to do the paperwork with Mr. Parker this morning and then I'll take care of it in a few minutes.

[00:12:10]No, if you're not No, no, if you plead not guilty, then you go to trial. You're either going to say you did it or you didn't do it.

[00:12:17]All right. Do it.

[00:12:18]If you didn't do it, then we're going to set your case for trial. So, we're going to put your case on the trial docket.

[00:12:23]And so, Mr. Cain Mr. Parker has been appointed to represent you. He's one of the attorneys who handles a lot of cases for me as a court-appointed lawyer.

[00:12:31]Um if with your permission, I can release him and I can appoint another attorney today who can start getting ready for trial a little quicker. Is that okay with you? Can I ask Mr. Miller? You You're going to get who I give you. I was asking if this is my lawyer. You're going to get whoever is on next up on the the list. So, it's probably not going to be him, okay? He's not on our list anymore. Yeah.

[00:12:53]All right. So, is it Do you want to keep Mr. Parker or can I give you another attorney?

[00:12:57]I'll get another one. Okay.

[00:12:59]Mr. Parker's [clears throat] released.

[00:13:00]We'll give you another attorney. Go back with the bailiff.