"Your Attorney Isn't Serving Your Sentence... YOU ARE" — Judge Gauthier's Reality Check

[00:00:00]Next, people versus Nicholas Hilliker, file 25-7076.

[00:00:05]I see we have Mr. Hilliker appearing by Zoom from the Schoharie County Jail. His attorney, Mr. Grable, appearing by Zoom. The prosecuting attorney, Ms. Goodrich, is present in the courtroom.

[00:00:15]And I have in front of me a plea agreement for um the DWI third charge with DWI reimbursement at $225 and a sentence agreement for a sentence within a specified guidelines of 0 to 9 months.

[00:00:36]Is that how the parties wish to proceed, Mr. Grable?

[00:00:40]>> We do, Your Honor. It's the subject to a Kilmer agreement, which I've scored the guidelines that we believe those are going to be the guidelines at sentencing, Your Honor. So, that's basically a sentence within the guidelines Kilmer plea agreement if the court accepts it.

[00:00:54]That's correct.

[00:00:56]>> Okay. And um Ms. Goodrich, do I understand So, Mr. Grable, some I think the prosecutor's been including some of this language uh of late, so that it I guess I misspoke.

[00:01:07]It's not necessarily or it's not only a sentence within a specified range, but the prosecutor reserving the right that if things come up that they didn't know about during the pre-sentence and the guidelines come back like at 36 to 51, that they can or or 10 to 23, they can say, "Well, this is not what we intended. Now, there's things we don't know. If the guidelines are not 0 to 9, they're reserving the right to withdraw that plea as are you.

[00:01:33]Do you agree with that?

[00:01:35]>> I'm pardon me, Your Honor.

[00:01:36]Sorry, Judge. I didn't mean to interrupt. I I agree with that.

[00:01:39]Certainly, if something happens unforeseen, Your Honor, either party with the court's Yes, that would be correct, Your Honor.

[00:01:45]>> Do I understand that language rightly?

[00:01:47]That's what you're intending by that?

[00:01:48]>> Yes.

[00:01:50]>> All right.

[00:01:51]>> [clears throat] >> All right, Mr. Hilliker, is that what you want to do today, sir?

[00:01:55]>> Uh yes.

[00:01:57]>> Would you raise your right hand for us?

[00:01:58]>> Honor.

[00:02:00]>> Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?

[00:02:04]>> Yes, I do, Your Honor.

[00:02:06]>> You can put your hand down.

[00:02:07]>> [snorts] >> And Mr. Filliker, a guilty plea hearing is an important event that includes the waiver of constitutional rights that you have. So, please listen carefully. If you have a question, ask me. If you need to talk to your attorney, just let me know. We'll create a breakout room, no problem.

[00:02:22]I have to advise you the maximum penalty for operating while intoxicated, third offense, is a felony punishable by a fine of $500 to $5,000, and either 1 to 5 years in prison, or probation with 30 days to 1 year in jail, at least 48 hours to be served consecutively.

[00:02:39]The court can order uh [snorts] cost of prosecution and emergency response, vehicle immobilization, uh rehabilitative programs, and 60 to 180 days community service. Do you understand that maximum penalty?

[00:02:53]>> Yes, I do, Your Honor.

[00:02:55]>> If I accept your plea, you won't have a trial, and you'll give up the rights that you would have had at trial. Do you understand that?

[00:03:01]>> Yes, I do, Your Honor.

[00:03:03]>> I want to remind you of the most important of those rights.

[00:03:06]You'd have the right [clears throat] to be tried by a jury, and at that trial to be presumed innocent unless and until the prosecutor proved your guilt beyond a reasonable doubt.

[00:03:13]You'd have the right to have the witnesses against you appear and to question them.

[00:03:17]You'd have the right to present witnesses in your own defense and have me order those folks to show up.

[00:03:21]You'd have the right to remain silent and not have your silence used against you, or to testify in your own defense at your own trial. Do you understand those rights?

[00:03:29]>> Yes, I do, Your Honor.

[00:03:31]>> Do you have any questions for me or Mr. Graybill about any of those rights?

[00:03:35]>> Um no, Your Honor.

[00:03:39]>> Do you wish to give up those rights and under this plea today?

[00:03:43]>> Uh if my attorney [clears throat] if that's what he um thinks is right, um >> Well, understand that, you know, it's your attorney's job to give advice to you about the pros and cons of different approaches, but, you know, he's not going to serve any of your sentence, you will. So, that means your your decision is yours.

[00:04:03]And uh you know, so so that's what I'm asking you is is what your decision is. And if you need time to talk to your attorney, you just say so, I'll give you a breakout room. But, I just want to know what your >> Yeah, I was just curious is >> [clears throat] >> Go ahead.

[00:04:16]>> Yeah, yeah, I'll do a breakout with him, Your Honor.

[00:04:21]>> [clears throat] >> Yeah, let me create a breakout room so that you can talk to Mr. Crable for a bit.

[00:04:25]>> Thank you, Judge.

[00:04:26]>> Yeah, no problem.

[00:04:28]There we go.

[00:04:29]>> [snorts and clears throat] >> All right, Mr. Hilliker, you've had a chance to talk some more with your attorney.

[00:04:33]Uh so, my question to you is do you wish, understanding those rights that we just went over with you, do you wish to waive those rights today and enter a plea here today under this agreement?

[00:04:44]>> Yes, I do, Your Honor.

[00:04:46]>> All right, do you understand if I accept that plea, you're giving up any claim that it was caused by threats or by promises that are not put on the record today? Do you understand that?

[00:04:55]>> Yes, I do, Your Honor.

[00:04:57]>> Also, when you plead guilty, you give up the right to an appeal. And if you wanted to appeal, you'd have to seek permission, which you would do by filing an application. But, the types of issues that you could raise on such an appeal are very limited, much more limited than if you were convicted after a trial. Do you understand this?

[00:05:14]>> Yes, I do, Your Honor.

[00:05:16]>> All right, the plea agreement as I outlined was that in exchange for your plea of guilty to the operating a vehicle while intoxicated third offense with the OWI restitution at 225, there was a sentence agreement for a sentencing within the guidelines of 0 to 9 months. Do you understand the terms of that agreement?

[00:05:31]>> Yes, I do, Your Honor.

[00:05:33]>> That sentence agreement is not binding on me. If I didn't want to follow it, I wouldn't have to. But, if I didn't follow it, you'd be allowed to withdraw your plea, not having received what you bargained for. Do you understand that?

[00:05:44]>> Yes, I do, Your Honor.

[00:05:46]>> [clears throat] >> All right, and uh that's unless you engage in some misconduct between now and the sentencing, in which case you would lose the right to withdraw your plea, even if I didn't follow that agreement. Do you understand that?

[00:05:58]>> Yes, I do, Your Honor.

[00:06:02]>> All right. Other than the plea agreement, has anybody promised you anything to get you to plead guilty?

[00:06:07]>> No, they haven't, Your Honor.

[00:06:09]>> [clears throat] >> Has anybody threatened you to make you do so?

[00:06:12]>> No, they haven't, Your Honor.

[00:06:14]>> Is it your own free choice to enter that plea?

[00:06:17]>> Yes, it is, Your Honor.

[00:06:19]>> Knowing all this, how do you wish to plead to the charge of operating while intoxicated, third offense?

[00:06:24]>> Uh guilty, Your Honor.

[00:06:26]>> So, Mr. Hilliker, back on May 24th of 2025, were you in Sheboygan County?

[00:06:33]>> Yes, I was.

[00:06:35]>> Were you operating a vehicle on Black River Avenue, a public highway?

[00:06:40]>> Uh yes, I was, Your Honor.

[00:06:42]>> And is that within Sheboygan County?

[00:06:45]>> Yes, it is, Your Honor.

[00:06:47]>> Before you operated that vehicle, had you consumed alcoholic beverages?

[00:06:51]>> Uh yes, I did, Your Honor.

[00:06:53]>> Did you have some contact with police?

[00:06:57]>> Uh yes, I did, Your Honor.

[00:06:59]>> And did they give you a test to determine the amount of alcohol in your body?

[00:07:04]>> Uh yes, they did, Your Honor. I I refused that and got a blood draw.

[00:07:12]>> Do you Do you remember what the results of that test were?

[00:07:18]>>.17.

[00:07:20]I can't remember.

[00:07:22]>> Okay, but well above the legal limit in Michigan?

[00:07:25]>> Yes. Yes. Yes, Your Honor.

[00:07:27]>> Okay. And your ability And your ability to operate that vehicle, was it substantially lessened by your consumption of alcohol?

[00:07:35]>> Yes, it was, Your Honor.

[00:07:37]>> At that time, did you have a prior conviction for operating while intoxicated in the in the year 2000 in the 89th District Court.

[00:07:45]>> Yes, Your Honor.

[00:07:47]>> And also in the year 2001 in the 89th District Court.

[00:07:51]>> Yes, Your Honor.

[00:07:54]Yes, Your Honor.

[00:07:56]>> And an operating while tax evaded in 2021 again in the 89th District Court.

[00:08:01]>> Yes, Your Honor.

[00:08:02]>> [clears throat] >> Mr. Graybill, are you satisfied with that factual basis?

[00:08:06]>> I am, Your Honor.

[00:08:08]>> And are you aware of any other promises, threats, or inducements?

[00:08:12]>> I am not.

[00:08:14]>> Do you believe I've complied with the requirements of MCR 6.302?

[00:08:17]>> I believe you have, yes, Your Honor.

[00:08:19]>> Mr. Graybill just answered all three questions, do you agree?

[00:08:21]>> I'm in agreement.

[00:08:23]>> All right, Mr. Hilliker, I find that your plea is knowingly, understandingly, and voluntarily made and that there is a sufficient basis in fact [clears throat] and law to believe that you're guilty of those offenses. So, I hereby accept your plea.

[00:08:34]Um >> [clears throat] >> Mr. Graybill, I could schedule this for a sentencing on Tuesday, uh July 21st.

[00:08:45]If you're available for an in-person sentencing, I can give you either morning or afternoon.

[00:08:50]>> Um is there anything I'm out of state, Your Honor? Is there I assume we can't go earlier cuz I don't want to push certainly back, but I realize the court needs time for a sentence interview, which I'm a people. If I wasn't out of state, I would absolutely do it. I plan on being in person, of course. I'm just out of state on the >> Well, I'll tell you what, we're we're a little short-staffed probation-wise right now. However, because Mr. Hilliker is in custody and because of the sentence agreement, we can try to do July 7th, 4 weeks out.

[00:09:23]>> be great, Your Honor. In person, I expect to be there in person. What time, Your Honor?

[00:09:28]>> Um would 11:30 a.m. work?

[00:09:31]>> That would work perfectly, Your Honor.

[00:09:32]I'll plan on I'll be there in person, of course.

[00:09:36]>> Okay.

[00:09:41]>> Your honor, I was going to address bond, but if the court is not inclined to consider it, I don't want to waste time with a long argument if the court is not inclined to consider it. There are some merits to it, but if the court feels it's not worthy of even addressing it, I don't want to waste the court's time in bringing it up.

[00:09:59]>> Well, >> [clears throat] >> um Miss Garrett, do you have thoughts about that?

[00:10:06]>> Your honor, I think the court has been clear that you're going to keep him in based on his bond violations until we're done with this case. The sentencing's now scheduled for July 7th.

[00:10:14]>> Yeah, I mean Okay. Yeah, I I I'm I'm really pretty inclined to leave him in until the sentencing, which is why I wanted to expedite it. Instead of my other option would be to put it in early August, so I don't want to do that to him.

[00:10:28]Uh I know he's got another case where you don't represent him, but we've got another case pending with him, a felony case.

[00:10:33]And uh I guess I'd make sure we've got him on probation supervision before I let him loose in the wild again.

[00:10:41]>> I understand your honor. For the record, I just want to let you know as of today, I believe he has 210 days with good time credit, and he has been attending AA.

[00:10:49]He's attended 49 AAs in jail.

[00:10:52]And he's got working on his GED, so believe it. I understand there's been major setbacks in this case, but he just to let you know, he has done everything he could in jail to be diligent. I'm hopefully that will be helpful at the time of sentencing. And obviously, there is another case under investigation, but I there is no other charges at this point that are >> there's a there's another charge in my county for possession of cocaine that that he has the public defender on.

[00:11:19]>> I'm aware of that as well, your honor. I believe there's no bond on that case as well. I'm aware of that other file, but I and I understand that that that something that may get resolved before then. But anyway, I appreciate the court's time. I just wanted to bring those facts to the court's attention.

[00:11:35]>> All right, thank you very much. All right, we'll see you then, Mr. Graybill, Mr. Hilker.

[00:11:38]>> I'll be there in person, Judge. Thank you for the court's time.

[00:11:42]>> Yeah.

[00:11:45]All right, up next we have people v.

[00:11:46]Deandre Evans. It's file 26-7138FH.

[00:11:50]We have Mr. Evans and his attorney, Mr. Cordes, appearing by Zoom video from separate locations. Mr. Evans, let me know at any time if you need to talk to your lawyer privately. I'll set uh create a breakout room so you can do so.

[00:12:02]And we have the prosecuting attorney, Ms. Goodrich, in the courtroom.

[00:12:06]And as a reminder to you, Mr. Evans, we do provide public access not only in the courtroom, but also online. We're here for a docket call and a continuation of our uh bond matter that we addressed last time.

[00:12:19]And Mr. Cordes, do you know what our status is in this matter?

[00:12:23]>> I I I do, your honor. I I talked with uh Ms. Goodrich uh on several occasions, as well as my client. Um we are exploring uh with potentially maybe filing a motion regarding the stop in this issue. Uh but uh we would like the matter uh set for a trial.

[00:12:43]Uh and if the court can give us a cutoff date for those motions, so we do want to keep things moving.

[00:12:48]Uh and I believe I I did talk to Ms. Goodrich this morning about that. Uh and we're in agreement. I I'm just uh I guess looking for the court's direction from there on out.

[00:13:00]>> Okay. Well, let me [clears throat] um let me take down some information so I can so I can get uh get him placed in the right order in our trial docket here. Snapping fingers.

[00:13:17]Snapping fingers.

[00:13:19]Snapping fingers.

[00:13:25]>> [clears throat] >> Snapping fingers.

[00:13:37]>> And over was January.

[00:13:48]All right, Mr. Cordes, what would be the estimated length of the trial including the jury selection? I I don't do a cattle call jury selection, so I set it for a specific day where we pick the jury and go immediately into the trial.

[00:13:59]>> Okay. I've talked with Ms. Godridge about that. We believe two days is adequate, Your Honor.

[00:14:05]>> Okay.

[00:14:06]>> [cough] [clears throat] >> And um What about Thursday and Friday, August 27th and 28th?

[00:14:28]And that would give us a couple months to sort out any motions.

[00:14:33]>> August 27th and 28th?

[00:14:37]>> It's a Thursday, Friday.

[00:14:38]>> Yes. Yeah, no, that's that's far enough out. Those are both good days on my calendar, Your Honor.

[00:14:44]>> Ms. Godridge, is that word?

[00:14:45]>> Yes, thank you.

[00:14:47]>> All right, so we'll schedule the jury selection and trial on August 27th continuing that day and into the 28th.

[00:14:55]I'll have the parties file a jury instructions and verdict forms not later than 7 days before. I'll give you both 21 days to exchange witness and exhibit lists.

[00:15:06]>> [clears throat] >> And let's come back for a docket call on um July 7th.

[00:15:28]>> At um let's do 11:20 a.m.

[00:15:34]>> [snorts] >> That docket call can be uh by Zoom.

[00:15:49]And we'll have that be a plea and motion cutoff date.

[00:15:55]If you file um if if you need to uh file a motion that would require testimony, Mr. Cordes, uh contact our assignment clerk and we'll give you a special date and time so that we don't hear that on a standard motion day uh so that we can make sure to set aside enough as much time as you anticipate you may need.

[00:16:17]>> Okay. Thank you, Your Honor.

[00:16:20]>> All right. Anything further for Oh, and will Mr. Is there any objection to continuing a status conference on the bond violations?

[00:16:27]>> No objection.

[00:16:27]>> Okay. So, I'll continue bond and continue that pending violation for uh ongoing status conference then. As long as there's no further violations, that won't be a problem for Mr. Atkins.

[00:16:39]Anything else for the uh from the defense?

[00:16:43]>> No, thank you, Your Honor.

[00:16:45]>> Anything else from the people?

[00:16:47]>> No, Your Honor, thank you.

[00:16:48]>> Okay. You have a good day then.

[00:16:50]>> Thank you.

[00:16:54]>> We'll conclude our morning docket.

[00:16:55]>> And then that brings us to People [clears throat] v. Damien Slavin.

[00:17:00]File 26-7130 FH. Counsel, you want to state your appearances beginning with People.

[00:17:05]>> Jessica Garris for the People.

[00:17:07]>> Lauren Madison for the defendant Damien Slavin, who's present by Zoom.

[00:17:11]>> Okay. Let me know if you need any breakout room with him at any time.

[00:17:14]We're here for a docket call in this matter. What's our status, Ms. Hanson?

[00:17:19]>> Your Honor, we are still working on our mitigation reports. I requested additional discovery from the state, which I received this week. And so, I think we're going to ask for one more just status or docket call.

[00:17:33]We should be ready to have this set for a plea and sentencing after that point.

[00:17:40]>> Okay.

[00:17:41]Would the July 7th give you enough time, about 4 weeks out, to get that mitigation wrapped up? Or I could give you July 21st and use that as a plea cut-off date.

[00:17:54]>> I think I think the 7th should be fine, Your Honor.

[00:17:56]>> Okay.

[00:17:59]Any objection, Ms. Kovich?

[00:18:00]>> No, Your Honor.

[00:18:02]>> Okay, we'll continue this to July 7th.

[00:18:04]Does morning or afternoon work better for you?

[00:18:10]>> I would prefer afternoon on that date.

[00:18:14]>> Okay.

[00:18:15]We'll put you at 1:50 p.m.

[00:18:27]July 7th at 1:50 p.m. and I would allow Zoom appearances at that if that's what works out best for folks.

[00:18:35]>> Thank you, Your Honor.

[00:18:36]>> Anything further from the defense?

[00:18:38]>> No, not at this time.

[00:18:40]>> Anything further from the people?

[00:18:41]>> No, Your Honor. Thank you.

[00:18:42]>> Okay, you're all set today, Mr. Slavin.

[00:18:44]Have a good day, Ms. Hanson.