In criminal sentencing, judges exercise significant discretion when determining punishment for repeat offenders, balancing the need for accountability against considerations of mental health, addiction, and rehabilitation potential; courts often impose harsher sentences on defendants with extensive criminal histories and multiple probation violations, as demonstrated when a judge sentenced a defendant with 21 felony convictions to 8 years in prison despite the defendant's claims of mental health struggles and desire to change.
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“Stop Stealing & Be A Mother!” — Judge West Shows NO MERCY To ENTITLED Thief!!Added:
21 felony convictions.
21 I know, wow, right? I'm not >> You still have one pending in Indiana.
Good morning. Are you Matthew Wadsworth?
>> Yes. And Mr. Wadsworth was previously in court and entered a plea of guilty to the second-degree felony offense of aggravated assault with a deadly weapon.
There was an agreement for a cap of 8 years in prison. I've received the pre-sentence report. Has everyone had an opportunity to review that report?
>> your honor. Yes, sir. Are there any additions or corrections?
>> No, your honor. Not from this side. All right, Mr. Rohas, you may proceed.
Uh first page of his uh his rolling into this first second page of his building criminal history. Most Most of those offenses happened in 2002.
Uh so, he seems to to be getting those in bunches. He Those happened in 2002.
He got sentenced in 2000 Oh, one.
Oh, one.
In January of 2002, they all happened.
Right.
>> Um He got more often uh 2003 on all of them. I think he did 60 months on all of them.
Uh got some more in uh October 2002. Then after that, he goes in He basically is in and out until till about 2019 when he picked up uh some more cases. And from 2019 to this point, we thought about this and and and is the court even going to consider probation?
Uh as pointed out in the PSR, the only the only way that he's going to get probation is to say PD adult put his drug issues He and he understands that.
He recognizes that. He's willing to do that.
Uh he's hoping that you give him a chance to do that. And And even as he pointed out by the probation officer in the report, he's indicated that he's tired of this lifestyle. He's tired of being in handcuffs. He realizes he needs This is where the courtroom tension really shifts. The defense is trying to frame this as a man battling addiction and mental health, not just another repeat offender. But here's the problem.
Judges hear promises of change every single day. And when someone has decades of arrests, probation violations, and prison time behind them, the court starts asking one brutal question. Is this rehabilitation or just another cycle repeating itself? He tells us to make his life better.
And he tells me he's ready to make that change. And he does have some status to make to you at the appropriate time. I was straight A's. Um I was actually a huge my parents are drug addicts.
I was prison you guys forgot something.
I hope it don't hurt you but I got beat up. I had a robbery a robbery in 1992.
When I got out from that robbery until 2000 um um >> [clears throat] >> two When you started? 2002 yes ma'am.
From that I I stayed out of trouble again because I was on medication.
It's been the it's been my whole life.
It's been the pattern of my life.
I'm on my medication.
I'm a good guy. I'm a journeyman electrician. I'm a father and a grandfather.
Um I spend time with my kids. For how long did you take them?
If uh if I'm off of them and the reason I got off of them and and this offense happened is uh I I was hearing voices.
I I heard I thought my girl my roommate was holding my girlfriend hostage. It says I hit him with a bat but it was my walking cane.
It wasn't a bat.
Um and I did I did it when I saw horrible cuz I thought what was going on in in my head.
Um Our house burned down. Dogs died. And I just kind of I just kind of went crazy.
But I did stop I did stop in 2018 I'm sorry 19. I said I'm tired of this.
And I'm going to stay on my medications.
When the house burned down all my medications went with it my truck my my tools and everything.
And I was just barely making it, and um >> [clears throat] >> I I I honestly thought my roommate was holding my girlfriend against her will and hostage. We started fighting, and I was losing.
And I hit him.
If you do give me the chance, um what I need is some help staying on my meds. Cuz I start feeling like I'm doing better sometimes, and then I stop taking them.
When I stop taking them, I hear voices in in my head. Did you catch that pause? The second the judge repeats 21 felony convictions, the entire tone of the hearing changes. At that point, probation becomes incredibly difficult to justify because the court isn't just sentencing this incident.
They're sentencing a pattern. And honestly, the judge sounds torn here.
Sympathy for the mental health struggle, but fear of what could happen if the cycle continues outside prison walls. If it's mine or it's If it's If it's somebody else's or if it's I can't tell. So, but Mr. Even if I give you a probation, there's it's only for so long. At some point, you have to stay on your own meds, and you can't let require someone else to force you to do that. And take a chance with society and the community if you hurt in someone else.
Honestly, I'm not sure, but I honestly think 21 felony convictions.
21. I know, wow, right? I'm not You still have one pending in Indiana.
Um And out of the And in addition to the 21 and the one pending, you have 16 others that were dismissed because of plea agreements um and things like that. So, you're that's 30 We're talking eight felonies. The last and I get a lot of this was from 02 and a lot of it was in the same big scenario. Two of them was in one But it didn't stop then. You were put back on probation in 2017. So not that long ago given a probation, it was revoked.
So you were given an opportunity um Mr. I have completely stayed out of trouble since then though. I have completely stayed out of trouble since then though. Not one single incident buddy.
Well, you had 2017 and unauthorized use of a vehicle felony, 2018 an obstruction of justice in Pike County.
>> Yes, ma'am.
2019 an escape, that's the one that's pending. Hold on. Oh, I'm sorry.
And then another later in 2019 um maintaining a common nuisance of a controlled substance or something like that. Hit him with the case.
>> Hold on, don't speak over. We I let you talk so don't talk over anyone else, please.
I believe probation is absolutely right that jail time and probation has not been a deterrent for him. He's not made probation.
We would ask for the eight years to be assessed.
Mr. Wattsworth, again like I stated before to Mr. Rojas um the fact that he was able to negotiate for you a cap of eight years on a second degree felony with your criminal history um there's part of me today that was considering not even accepting this plea agreement because I think with your criminal history personally, I think it's ridiculous. I understand. Um so I'm going to find that you entered your plea of guilty freely and voluntarily. I'm going to find that you entered your plea of guilty I'm going to find sufficient evidence to find you guilty and at this time find you guilty of aggravated assault with a deadly weapon. Sentence you to a term of eight years in the institutional division of the Texas Department of Corrections. There will be an affirmative finding of a deadly weapon.
Um you will receive credit on that sentence for any time that you've been in custody that the law gives you the right to receive. I'm handing you the trial court certification that shows this was an agreement that I followed and so you waived your right to appeal.
I have also handed you a written admonishment regarding your ineligibility to possess a firearm or ammunition. Because of the judgment entered against you, you're ineligible under Texas law to possess a firearm or ammunition. Possession of a firearm or ammunition could lead to charges against you. Firearm is a legal term and you should read the written admonishment I provided you to see what devices qualify as a firearm. If you have any questions about the laws that make you ineligible to possess a firearm or ammunition or about how long that lasts, you can talk to Mr. Rojas.
Um there's help in prison uh for you with medication. It's going to be up to you when you get out to either change your life if you really want to or not and you'll have to do that on your own.
All right, good luck to you, sir. You can go back with the bailiff.
All right, are you Rebecca Rido? Yes, ma'am. And Ms. Rido was previously in court, entered pleas of guilty in cause numbers 230928, 232106, 232107, and 241925.
All of those were theft of property with previous convictions. I have received the presentence report. Has everyone had an opportunity to review that report? I am the defense attorney. State has Judge. And um there was no agreement.
This was just open to the court. Is that correct? Yes, ma'am.
I I believe so, your honor. I didn't represent her at the stage where she entered the plea and the understanding of the plea. They were open. And um are there any additions or corrections to the presentence report? None, your honor. Nothing nothing, State Judge. And in addition to reviewing that, the state has filed a couple of things.
One is a motion for me to run any sentence and then he has filed a sentencing memorandum as well in addition to a motion for me to just deny discretionary jail credit.
So Mr. Kemmler, if you would like you may proceed.
Well, I'll just start with what seems to be an inherent practice as far as this harshness of the sentence potentially to your job with this defendant and I don't know that it stands out from the few other cases before this court that deserve such treatment but it is what it is. I would just observe first of all as regarding the state's posture on consecutive sentences and denial of discretionary jail credit.
Uh there's certainly the defendant certainly has criminal history but it's not to such an extent or degree in the circumstances the individual cases aren't such that uh these charges degree to fit the warrant accumulation and certainly the denial of her jail credit is something that is problematic. I don't know exactly which jail credit the state's intended to deny her but obviously she's spent in pre-trial [clears throat] pre-trial detention on these cases it seemed that she'd be entitled to that jail credit without much original discharge and there was notations there as far as the pre-sentence report and the mental also all of these issues.
I believe she's I believe she to be I believe her to be mentally competent. Now I of course wasn't her attorney when she entered the plea but I would assume that she's been in competent as well. Although as I said she does have mental health history.
I think that that plays into her present situation with the theft cases that she has.
You have noted in the pre-sentence report where it's indicated that she was unable to afford the mental health treatment and the pharmacological remedies that are provided through prescriptions and that she was self-medicating and then turned to theft in an attempt to maintain uh funds necessary to self-medicate. She um indicates in the report that her memory indeed was impaired on three of these offenses that she doesn't seem to remember those. She doesn't uh attempt to to minimize or mitigate her conduct in that regard where she does in fact indicate that she accepts responsibility fully for her actions, but I think that that's [clears throat] indicative of again the circumstances surrounding these offenses that of course I guess it seems everyone in front of the court these days has fundamental health uh issues as a the separate mitigates her criminal conduct, but I do think that in this case it is well documented. Well, back to again to her mental health here she does say so her you know, while they're not recommending probation for Ms. Rivas they don't uh rule it out.
>> Well, let's let's not talk about probation.
Okay. All [clears throat] right, I'm I'm sorry, but there is a basis for that.
>> yeah, well, it is an option, but that's not that's not realistic on what's going to happen today. So >> they were mentioning that she be assessed with a specialized mental health case load and just to note that that is in the report.
If the court isn't inclined to consider probation for Ms. Rivas then certainly I think that while she's serving whatever sentence the court gives her she'd have the opportunity to try to reflect on her actions and perhaps uh reassess those you know, where she is with this and as far as addressing her mental health issues when she gets out that she'd would to do that and maintain her law-abiding lifestyle. She has maintained employment for 3 years as a citizen of Earth, if you will, to say Yes, she has maintained gainful employment in the past. When she when her mental health is stabilized, then I would anticipate she would be able to do that in the future. She does have a proper mental health regimen. That would be bargaining for probation, obviously, that the court can't find it.
So, we would ask her sentence certainly But my mama got to take care. I'm just tired. You know, I don't have the opportunity to get my life together. I'm tired of being I'm tired of this hole I'm in I missed my daughter's graduation. She spoke. [laughter] It was my graduation.
I wasn't up there. I'm tired. My baby asked me where I'm at all the time. I'm not at my house. I'm moving. This is embarrassing [laughter] for my kids. I'm doing this for my kids.
That's why I want a chance to do for me.
You know, mama, thank you.
You want to say anything for Sure.
So, there was a robbery that you got some time for in '21, and then you're here now on four more theft cases. And so, I mean, it's unfortunate and it's sad for your family, but no one put you here but yourself. Um Mr. Judge, you didn't >> Coleman, I know what you're >> Yeah, you essentially hit the things that I wanted to hit. Uh in that in addition to what I put in my sentencing memo, I won't belabor that, Judge. All that I would add is she says she's tired. As I said, you know who else is tired of this? It's our local uh store owners and business owners who are tired of people just walking in and taking what they want from them. She stole from uh a sporting goods store, from JCPenney, from uh a another uh uh clothing store on a couple occasions.
They're tired of it, too. They're the same old song, uh just different defendant. I apologize. Give me another chance. I've got all these issues. In fact, yeah, I'll go one step further than the same old song. It's the greatest hits, Judge. It's what you hear time and time again, and I'm sure she's saying it again, but I can't give the max and do that.
>> That's my understanding. That's your understanding. That's your understanding, Judge.
And I just say this is a case of that to be considered.
And I also say this is the appropriate case for Kim O'Leary for her sentencing, Judge. She needs in my opinion some stronger medicine than what she's received in the past in order to impress upon her the uh impress upon her the fact that she needs to stop engaging in in this kind of behavior, Judge. Thanks, that's all I have. Thank you, Mr. I would just argue from the standpoint of equal protection as far as the other defendants that are similarly Well, so here's What?
Speak up so she can hear.
>> I would argue from the standpoint of equal protection of laws, Your Honor.
What distinguishes her from the other defendants that have been before this court who are similarly situated with similar criminal histories? Well, here's where I'm sorry. Here's where I am on this. I don't disagree with Mr. Coleman.
I appreciate that he's going out and tried to figure out some stronger That right there is the warning shot. The judge is basically telling her this is the last time the court is showing restraint.
Notice how the prosecution calls these excuses the greatest hits, meaning they've heard the same promises over and over. But what do you think? Should courts focus more on punishment for repeat theft offenders or should mental health treatment play a bigger role before someone ends up back in prison again?
things to do on some of these cases where we are stuck with state jail felonies. I've been very frustrated with that in the past. I don't know that this is the one to start with either necessarily, but um it's it's not going to be out of the realm of possibility depending on someone's criminal history, what their prior sentences were, and I don't fully disagree that this isn't one of them.
I'm not going to do that this time, but I do appreciate the thought that went into this and don't necessarily disagree that there's going to be a time that this might happen, including to you if you continue to do what you've been doing for your whole life.
Because if you're back in here after today on a theft, I can assure you that Mr. Coleman will remind me what he asked me to do that I didn't do.
And I will on that. Do you understand?
So, if you want to be there for your kids, then you got to figure out something other than stealing.
I'm going to find in all of your cases that you entered your plea of guilty freely and voluntarily. In cause number 23, DCCR-0928, find you guilty of the state jail felony of theft of property. Sentence you to a term of 24 months in the state jail prison. You will receive credit on that sentence for any time that you've been in custody that the law gives you the right to receive. Cause number 23, DCCR-2106, find sufficient evidence to find you guilty and at this time find you guilty of theft of property. Sentence you to 24 months in the state jail prison. You will receive credit on that sentence for any time that you've been in custody that the law gives you the right to receive.
Cause number 23, DCCR-2107, find sufficient evidence to find you guilty and at this time find you guilty of theft of property. Sentence you to a term of 24 months in the state jail prison. You will receive credit on that sentence for any time that you've been in custody that the law gives you the right to receive.
Cause number 24, DCCR-1925, find sufficient evidence to find you guilty and at this time find you guilty of theft of property. Sentence you to a term of 24 months in the state jail prison.
You will also receive credit on that sentence for any time that you've been in custody that the law gives you the right to receive.
These cases I am going to run them concurrently, which means together at the same time.
Part of the reason I did the 24 months is because I'm going to see that when you come back that this is the max on a state jail felony you can get. So, next time whoever's here, if it's me or someone else, is going to see that you have progressively gotten worse, your sentences have gotten worse, and when someone like Mr. Coleman files something asking that these run consecutive or that we deny credit, that's likely to happen.
I'm handing you in all four of your cases the trial court certifications.
These show that they um these were not agreements, and so you have not waived your right to appeal. You can talk to Mr. Kimler about that. I have also [snorts] handed you a written admonishment regarding your ineligibility to possess a firearm or ammunition. Because of the judgments entered against you, possession of a firearm or ammunition could lead to charges against you. Firearm is a legal term, and you should read the written admonishment I provide you to see what devices qualify as a firearm. If you have questions about the laws that make you ineligible to possess a firearm or ammunition or about how long that lasts, you can talk to Mr. Kimler. Good luck to you, ma'am. You can go back with the bailiff.
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