Misdemeanor Sentences 3B District Court May 4, 2026

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[00:00:00][clears throat] >> Oh, it's Myers. Oh, okay. It should be Myers.

[00:00:11]I did.

[00:00:12]I I'll fix that. I think it also says restitution of Walmart.

[00:00:18]It should be Myers.

[00:00:21]Uh, could you get that judgment back from me?

[00:00:25]>> [snorts] >> All right, we're back.

[00:00:39]And uh, we're prepared to do a couple more sentences.

[00:00:44]Waiting for Mr. Truckee, who is something with his client.

[00:00:59]Should we get the interpreter Should we get the interpreter here then for the 11:00?

[00:01:01]>> Uh, we should. They're not here yet, but we have one lined up.

[00:01:05]>> Okay.

[00:01:08]Do you need to consult with your client before then? Usually he comes with his friend who kind of helps. Those rooms are not very good.

[00:01:18]Uh, >> [snorts] >> for one thing, the metal around it makes the signal very hard to go out. And it keeps you breaking up.

[00:01:27]The sound is terrible, the light is dim.

[00:01:30]You can hear through them.

[00:01:32]They're You're just going to have to live with them.

[00:01:41]We don't want Walmart to get Myers restitution.

[00:02:05]>> Try that.

[00:02:07]Thank you.

[00:02:09]All right, we're waiting for uh this small ones.

[00:02:22]And [snorts] we have two sensors of the seven.

[00:02:50]How about we post to this here?

[00:03:56]>> [snorts] [snorts] >> All right, so let's go and take that out, Mr. Truckee. The small ones, would you come up and have a seat?

[00:04:14]>> [snorts] >> This is file. Can you get back in the courtroom, sir?

[00:04:28]Come on, it keeps blinking out.

[00:04:29]>> [snorts] >> This is the time and date for sentencing in the matter of people versus Kieran Nicole Mullens.

[00:04:40]This is a 2022 case.

[00:04:44]There was quite some time between the issues of the warrant and the time that the complaint got a relative and then I got arrested and tried a probation, which we struggled mightily.

[00:04:57]Uh we had a probation violation hearing >> [clears throat] >> in April.

[00:05:02]The matter was set for sentencing today.

[00:05:06]And it was found guilty of uh probation violation.

[00:05:11]The original judgment was a deferral where 10 days jail were deferred.

[00:05:19]Uh I rather than set this matter for sentencing at the time of the probation violation hearing, we set it for sentencing this morning.

[00:05:30]And uh here we are. Mr. Truckee, what would you like me to know here? Thank you, Your Honor.

[00:05:37]Um Ms. Mullens, at the time of the probation violation hearing, also had a guardianship matter pending with Judge Cain and a PPO matter pending with yourself.

[00:05:47]Um the court was able to delay this sentencing to allow time to resolve the guardianship matter and that that has reached a partial partial resolution allowing for scheduled and structured parenting time and communications with the guardian and grandmother of the child through a parenting time app with third-party uh record keeping.

[00:06:08]That has calmed some of the uh issues that were present in the family when I came on board to this case.

[00:06:18]Additionally, Ms. Mullins is now taking Risperdal and Seroquel as well well as an ADHD medication.

[00:06:25]I found this out because in talking to her this morning, I said, "Why are you so much easier to talk to this morning than you were last time?"

[00:06:33]She reports that she's now engaged in ISK services in Kalamazoo.

[00:06:38]She's living um at Colonial Acres.

[00:06:42]I have a lease if anybody wants to see it, but she's got her own place with nobody else living there.

[00:06:48]Uh she sees David Sink >> [clears throat] >> for ISK uh medication and Amy Albertson uh for talk therapy.

[00:06:58]She's working at Summit Polymers 6:00 to 2:30 every work day working at Speedway in Kalamazoo 3:00 to 10:00 Monday through Thursday working at McDonald's on Portage Road 3:00 to 10:00 every Sunday leaving Saturdays for the court-ordered and structured parenting time.

[00:07:19]Uh Ms. Mullins has arranged these things on her own.

[00:07:23]Now that she's in treatment and working at all of these places there's a concern that imposing the deferred jail time would greatly disrupt her well-being in her life and may end up causing more problems than it solves.

[00:07:40]It's our position that a revocation of probation and that black mark would be a sufficient punishment as well as the um you know, she's had to appear in this court a few times. She was arrested, I believe, on a warrant here that got this probation violation rolling. It's a 2022 case.

[00:08:00]This young lady's uh kind of finally got the rubber on the road here.

[00:08:05]And if the court were considering an extension, she would be requesting a different probation officer, but it's my suggestion that a revocation and uh allowing her to move on with the knowledge that she may not get another shot at probation under future offenses would be sufficient.

[00:08:24]Thank you.

[00:08:27]Thank you.

[00:08:28]Daniel, what's your perspective here? Um >> [clears throat] >> well, I am always glad when people get the help and seek it out no matter if it's the 11th hour or not.

[00:08:40]Obviously, the new meds I'm not aware of. I'm not aware of her having her own place. Last conversation we had um via text as well as the last one on the phone did not go very well. Um I'm glad she's getting her life together. My perspective is that Ms. Mullins does a lot of things 11th hour and gets a lot of breaks. And I don't think she's ever gotten some serious consequences. Um she tends to deflect, make excuses for everything, and then 11th hour she comes in nice and sweet.

[00:09:12]And I think she's refused to stop the marijuana.

[00:09:15]She's coming I've smelled her reeking of that. The probate has smelled her. She violated the no contact order with James having communication with him. She said they did not travel to the probate on 4/20 together, but they were in communication and sitting next to um each other. Uh probate also stated that she's had very hostile conversations with her. Um I've always tried to help her and it's not been met with the best success. I think that 10 days was deferred for a reason and I think that would be appropriate in this case, but I absolutely agree with the revocation.

[00:09:50]Ms. Mullins, what would you like to tell me?

[00:09:53]My last conversation with Dan, he called my my counselor. We had a good conversation. She he told her that I was a liar and asked her if I was honest with her.

[00:10:04]He constantly accuses me of being somebody that deflects and waits till the 11th hour, but he's never taken the time to talk to me as a human.

[00:10:14]It's always kind of been a condescending father type of vibe and that's why I requested if it is um extended that I wanted a new probation officer because I believe Dan sees me from eyes 10 years ago and the person that I'm trying to be today, I really didn't come to him with excuses.

[00:10:31]I have emails of everything that I've said to Dan. I really never came at him.

[00:10:35]I never cursed at him. He yelled at me and I made a complaint for six for a new probation officer because he yelled at me over the phone when I was trying to discuss with him my medicine, my lease and everything. I tried to tell him about all of the progress that I've made. He shuts me down. He defends my mom. I have a long email about how apparently I'm a bad daughter that bad mouths my mom when my mom's not even on this case and he's been personally involved with her from the beginning.

[00:11:05]I feel I feel he's too emotionally invested into it where he doesn't see me as a normal client because he's known me from the past. He brings up my past, but the person that I am today, I work I work hard. I want my son back. I don't argue with Dan. I only told him in the email that he was ignorant argumentative because when he called my counselor, the first thing he brought up was that I'm a liar and I don't take my treatment seriously and that is so unfair to somebody that I am today that does take my treatment seriously. The only thing that I have is my treatment.

[00:11:37]Well, we're on a good place now. We weren't always in that good place.

[00:11:41]>> No, but I the 11th hour as he claims, I wish my life was set up in a way for not to have to wait to an 11th hour.

[00:11:49]I wish that I had the opportunities and the support and the family behind me like other people do, but I don't. I'm 100% on my own.

[00:11:58]And I wish that he would see that on my own from the people that I supposed to look at as my parents have turned against me.

[00:12:06]Instead of defending them, he should be my probation officer and see the a person that I am. Not looking at me as a toxic daughter when he has no business even discussing my personal life with my mother.

[00:12:20]>> [snorts] >> Who is not on this case and has no reason to be calling my probation officer four or five times a week.

[00:12:26]That happens sometimes. Yeah, James Cooley is a complaining witness in this case.

[00:12:32]Um, I If I could make a brief note on that, uh the allegation being that they have contact as part of Miss Mullen's other legal proceeding, I think there should be some consideration given to a person possi- if there's a violation of a no contact where it's with a witness in a separate proceeding, the the law could hamstring a person. But um What's the status of the PPO? Is it still in effect? I believe your honor dismissed I thought I did. Yeah. That was against my mom, right?

[00:13:04]>> Yes. Yeah, I've I've been contacting her. We've been on good terms. I'm unblocked, but I emailed Dan that James was planning to come to the court date because my mom, Nicole, told him that I was talking about him to you on a YouTube video from our last probation hearing and he watched it.

[00:13:24]And he began blowing my phone up, threatening me.

[00:13:27]Um, I have those text messages and calls. I answered James to calm him down, to let him know that I only reason I mentioned him because this is a case against him, and I had to tell the truth that we were in a toxic, terrible relationship. I didn't show up to the probate court with him. He showed up on his own. Um the allegations of me smelling like marijuana, I can't attest to that because no one there said anything to me. Only person that said anything to me was Dan who wasn't there. Um and my mom said that she didn't even say that I smelled like marijuana. I didn't smoke that day, and I've always been upfront and honest about it because it's not something that I'm trying to hide.

[00:14:07]Um but to I have emails of me telling Dan that James contacted me. I told him that James contacted me and I didn't know what to do, and I didn't want another probation violation.

[00:14:19]All right. We're going to put an end to this. Your probation is revoked. Loss of deferral.

[00:14:29]I gave you 90 days in jail, you'd lose your apartment and your jobs. I gave you 10 days in the jail, you're going to lose your jobs.

[00:14:38]Um you don't want Daniel as your supervising agent, and I'm going to get you off probation, but I'm going to reduce the jail to four days, which is going to be served as scheduled. You're going to have to miss some of your weekend shifts.

[00:14:53]Rather than 10 all at once, which is what the recommendation was. You go right from jail here.

[00:15:00]Um you 10 days, you lose all three jobs, and that's not very effective.

[00:15:07][clears throat] This probation was a difficult, inconvenient nuisance, and you're right, it got conflated between your relationship with your parents and the domestic assault with your brother. I mean your boyfriend. And uh Your parents were not the complaining witnesses.

[00:15:34]You got four days jail to do, which is going to be scheduled. We may do one every Saturday or every Sunday or every Tuesday or something that works.

[00:15:46]I'm waiving any additional fines and costs that are due.

[00:15:51]Um Um I'll have another agent other than Dan schedule the weekends.

[00:16:27]If you don't do them, I guess I can go back to 93 days.

[00:16:31]I do reduce it from 10 immediate days to four days to be scheduled.

[00:16:37]Waived any remaining fines and costs.

[00:16:41]That's the best I can do.

[00:16:44]Want you to stay here. We're going to try to connect you with one of the other probation agents to schedule when you do that jail time.

[00:16:52]Um Thank you, Your Honor.

[00:16:59]Good morning, Pablo.

[00:17:01]Good morning, Your Honor.

[00:17:04]John Bush just went out to seek his client.

[00:17:45]>> [snorts] [snorts] >> These are both ordinance cases.

[00:18:12]Bruce for weight is a state statute case that we saw Mr. Gibson.

[00:18:19]But [snorts] I would prefer to do these the Gonzalez and Mendez so we can free up uh Pablo.

[00:18:30]Thank you, your honor.

[00:19:22]>> Have a seat. I'll receive where Mr. Bush is. I wanted to do the interpreter cases first to uh free up our interpreter. Pablo's over there waiting. Let's go ahead and swear you in right now. You swear affirm to the best of your ability you'll interpret these matters from Spanish into English and English into Spanish.

[00:19:44]Yes, I do.

[00:19:46]Now, you may recall this defendant has Spanish as a second language.

[00:19:52]His original language is Tz'utujil uh Mayan dialect. I think we got through this last time.

[00:20:01]Uh but we may need to go carefully.

[00:20:08]Okay.

[00:20:21]Cuz I was in Belize, a lot of people spoke Mayan.

[00:20:47]Is the defendant here?

[00:20:49]All right.

[00:21:12]>> I wish my monitor would stop blinking off.

[00:21:44]All right, John. We should be ready to go.

[00:21:48]Daniel Gonzalez Jimenez, would you come forward, please?

[00:22:04]These are two cases in the matter of people versus Daniel Gonzalez Jimenez file 24315 charges operating while intoxicated.

[00:22:29]>> [clears throat] >> That occurred on February the 18th of 2024.

[00:22:42]>> [clears throat] >> And file 24 630 OD The defendant got arrested again for operating while intoxicated Sturgis.

[00:23:10]On April 14th of 2024, the defendant failed to show for either case.

[00:23:36]And he got arrested on two bench warrants in March of 2026.

[00:23:48]>> [clears throat] >> He posted bond in each case.

[00:24:00]Entered a plea, and both cases were set for sentencing here today.

[00:24:14]Joining us this morning is certified court interpreter Pablo Bayo.

[00:24:20]>> [snorts] >> He was here at the time of the plea, and I asked him to come back again today to help us.

[00:24:39]And he has been sworn as an interpreter.

[00:24:47]Mr. Bush, what would you like me to know here?

[00:24:53]Daniel has been cooperative with my office.

[00:25:01]>> [clears throat] >> He has always brought along his acquaintances who have been able to, I think, very adequately do interpretation when we've met.

[00:25:20]Although I don't have a good explanation for a delay, these are 2024 cases.

[00:25:26]>> [snorts] >> I'm not aware of any new recent criminal activity since the April 2024 arrest.

[00:25:48]He works under the table at a local restaurant.

[00:25:59]See.

[00:26:00]Yes.

[00:26:03]I know historically it's difficult, but a probation, I think, would very much benefit him if if if the language barrier can can be overcome. Uh the blood alcohol level obviously indicates significant past history and use of alcohol and certainly a services and some education would would benefit him in the long run. Thank you.

[00:26:41]I didn't have my facts straight.

[00:26:49]The interpreter at the time of the plea was Vivian Montero.

[00:27:05]Priscilla Walton has been assigned to do the screening and sentencing reports in these matters.

[00:27:22]>> [clears throat] >> She is here with us this morning.

[00:27:28]>> [clears throat] >> Both of these cases are bad. Um And if you put them both together, it's real bad.

[00:27:43]So what would you like me to Sorry.

[00:27:53]Ms. Walton, anything you'd like to add?

[00:27:56]Um just wanted to add, Your Honor, that yes, these both of these cases cases are extremely bad. Um Mr. Gonzalez Jimenez in both cases had a very high concentration blood alcohol.

[00:28:10]Um he's very lucky that he didn't kill himself nor anyone else out on the road.

[00:28:15]Originally, I wanted to just recommend a term of jail for him. Um but my thought is, you know, I could recommend jail and he could just get, you know, let out onto the road again and continue possibly drinking the way he has been drinking as well as driving without a valid valid license. Um my recommendation is an uh probationary period, 24-month probation, so uh our probation department can oversee that Mr. Gonzalez Jimenez abstains from the use of alcohol and drugs. Um I'm aware that he missed court proceedings back in 2024. He reported to me that he missed those uh because he didn't know anyone in the area and did that know where our court was located nor did he have anyone to give him a ride.

[00:29:08]Just Just What's the matter?

[00:29:11]Oh, you have to speak in short sentences.

[00:29:13]>> sorry. I forgot Pablo was translating.

[00:29:15]Uh yes, I'm just letting you know.

[00:29:17]Priscilla also is fluent in Spanish and uh she maybe she thought uh but anyway, you have to speak in short sentences for Pablo. So, why don't you start over Okay. and speak in short sentences and let Pablo translate.

[00:29:34]Your Honor, both of these cases are extremely uh bad circumstances.

[00:29:49]Uh Mr. Gonzalez-Jimenez was a 0.182 um from his case in February of 18 2024.

[00:30:13]>> [clears throat] >> He picked up a second charge in April, just 2 months later, and his blood alcohol concentration was 0.334.

[00:30:36]On both occasions, Mr. Gonzalez-Jimenez was extremely intoxicated and driving without a valid driver's license.

[00:30:49]>> [laughter] >> Um as his attorney stated, Mr. uh Gonzalez-Jimenez does have full-time employment.

[00:31:12]>> [snorts] >> Um he reported to myself that he missed his previous court proceedings.

[00:31:26]Due to the fact that he did not know anyone in the area.

[00:31:35]He has been employed at his current job for about a month or two.

[00:31:48]>> [clears throat] >> So, he now has co-workers where he um is familiar with who could provide him a form of transportation if needed.

[00:32:06]Due to the fact basis of how terrible these both of these cases were, I originally wanted to recommend just a jail sanction for Mr. Gonzalez-Jimenez.

[00:32:23]>> [clears throat] >> But, I have to think about the facts of the public safety and reformation for Mr. Gonzales Jimenez.

[00:32:46]I do believe term of jail is warranted in both of these cases.

[00:32:54]>> [clears throat] >> But I also believe a term of supervised probation is also warranted.

[00:33:14]Mr. Gonzales Jimenez should be not only supervised to abstain from the use of alcohol and drugs.

[00:33:29]But there also should be some treatment additional with that.

[00:33:39]Why I recommended Mr. Gonzales Jimenez complete the Spanish victim impact panel.

[00:33:47]>> [clears throat] >> Which informs of of the informs him of the dangers of driving while under the influence of alcohol.

[00:34:06]>> [clears throat] >> Mr. Gonzales Jimenez does not have a prior history.

[00:34:15]That is all your honor.

[00:34:21]Thank you.

[00:34:28]Senor Jimenez Gonzales is anything or Gonzales Jimenez is there anything you'd like to tell me?

[00:34:38]>> [clears throat] >> You know I'm having trouble understanding. Yeah, I couldn't hear that either Pablo.

[00:34:56]I'm sorry.

[00:34:59]>> [clears throat] >> No, nothing.

[00:35:20]All right, you don't have anything you wish to say?

[00:35:23]He say no.

[00:35:26]All right, these arrests happened in the winter and spring of 2024.

[00:35:40]Where were you working at that time?

[00:35:52]>> [clears throat] [snorts] >> I was working at the >> [clears throat] >> factory of bread.

[00:36:05]The first arrest in February.

[00:36:11]>> [clears throat] >> You were driving a Chrysler Town and Country van.

[00:36:22]Whose car was that?

[00:36:27]>> [clears throat] >> Huh?

[00:36:34]It's mine, but I don't have a car anymore.

[00:36:40]Uh, you were driving this van. You were very drunk.

[00:36:50]You had no valid driver's license.

[00:36:57]You drove the car down a hill into someone's yard before coming to a stop.

[00:37:15]They took you to uh the hospital and drew your blood.

[00:37:32]And the blood result was 0.182.

[00:37:47]That's more than two times the legal limit.

[00:37:56]The preliminary breath test they gave you at the scene was 0.124.

[00:38:02]>> [clears throat] >> So, you must have been drinking right before the accident.

[00:38:24]The You were [snorts] supposed to appear for court on March 6th of 2024.

[00:38:43]>> [clears throat] >> But you didn't show up.

[00:38:49]>> [clears throat] >> Instead, you got arrested again for drunk driving on April 14th.

[00:39:02]That one was worse.

[00:39:07]>> [clears throat] >> The police saw you driving.

[00:39:16]And your driving was very bad.

[00:39:23]>> [clears throat] >> People called in and said you were in the same Chrysler van and you were all over the road.

[00:39:43]I'll read from the report.

[00:39:49]Officer aware observed a suspicious blue van in the intersection of West Street and North Park Street.

[00:40:06]This caught my attention as there was no stop sign and the vehicle had the right of way.

[00:40:23]>> The vehicle stopped for several seconds before turning north onto Park Street.

[00:40:37]The van turned into the wrong lane and began driving head-on into a parked vehicle.

[00:40:57]He jerked the vehicle around the parked car and stopped at a yield sign on Park Street.

[00:41:13]Before turning onto E Street, his vehicle jumped the curb and began driving through the grass as he re-entered the roadway.

[00:41:32]At that point, the police pulled you over.

[00:41:38]>> [clears throat] >> Your blood alcohol at this point was 334.

[00:41:51]Why they didn't hold on to you for a bench warrant from failing to appear in March, I don't understand.

[00:42:01]>> [snorts] [laughter] >> So, they let you out of jail from the second drug driving arrest.

[00:42:21]And you were supposed to appear in May.

[00:42:29]And once again, you failed to appear.

[00:42:35]Two years later, in March of 2026, you get arrested.

[00:42:44]And you've come to court every time since then.

[00:43:00]On the first of the two cases from February, >> [snorts] >> I order one day jail credit, one day.

[00:43:34]$125 in fines or two additional days in jail.

[00:43:51]And the second case, which is 24630, you were on abscond of status when you got arrested for this drunk driving charge.

[00:44:13]You were on a failed to appear status.

[00:44:22]You had no license.

[00:44:27]You had a blood alcohol level almost more than three times the legal limit.

[00:44:39]Your driving was terrible.

[00:44:45]>> [clears throat] >> There was $300 fine.

[00:44:54]A $75 crime victim rights fee.

[00:45:01]>> [clears throat] >> A $100 attorney fee.

[00:45:08]>> [clears throat] >> Um Priscilla, I don't remember where the police reimbursements are there. There were no police reimbursements. No, that's just SPD.

[00:45:32]>> [snorts] >> $675.

[00:45:37]>> [snorts] [clears throat] >> These cases are concurrent, meaning at the same time.

[00:45:56]I'm ordering 14 days credit to leaving 12 days to serve, shall be done immediately.

[00:46:17]>> [clears throat] >> This may bring you to the attention of the immigration service.

[00:46:28]So, the $625 is due before your release.

[00:46:42]Plus your $125.

[00:47:15]All right, you're going to go to jail with the officers. You're lucky you didn't kill yourself. You're lucky you didn't kill somebody else.

[00:47:24]>> [clears throat] >> You don't have lawful residency status, and you don't have a driver's license.

[00:47:39]>> [laughter] >> And you're working some job, which is off book.

[00:47:53]So, I'm not going to do a probation.

[00:47:59]Although I think you certainly could use it.

[00:48:07]Because of your Mayan heritage I don't believe you can ever drink alcohol.

[00:48:23]I don't think your body can tolerate it.

[00:48:32]I'll do it in the office. Thank you, Judge.

[00:48:38]Thank you, Your Honor.

[00:48:40]Thank you.

[00:48:52]All right. So, Mr. Gibson already did Mr. Brewer away.

[00:49:16]Our next matter is 25 2516 SD, people versus Bruce Brewer away.

[00:49:28]I have to shift gears every time we go for translated or non-translated cuz it takes three times as long to do things. We have to speak slowly.

[00:49:38]So, we're back to our own language.

[00:49:46]Uh this is a case that was assigned to Daniel Fraser and he prepared the screening report. It was an interesting set of facts. Kendall did a nice report here.

[00:49:57]And Mr. Verway was very forthcoming.

[00:50:00]Mr. Gibson, what would you like me to know?

[00:50:04]Well, as the report indicates, the defendant is employed. He has a successful job and career. He has a stable residence. He's married. I don't think we would be here today if not for the defendant's adult son passing away approximately 2 months before the incident.

[00:50:25]Um the report does a good job of explaining the situation. I I guess we could say that the defendant started down a bad path trying to handle his pain through alcohol.

[00:50:40]And that obviously is unhealthy. I think the defendant is obviously very intelligent and he was able to recognize that he does have a a family history with his parents and alcohol. And so I think he recognizes that this is not the right way.

[00:51:01]Um and so since then, he has started going to the counseling.

[00:51:06]He's been going to the AA, which it sounds like that the AA meetings are helping. So I think that that's something he should sounds like something he should continue to go to.

[00:51:18]Um because regardless of whether or not the defendant um maybe he doesn't have necessarily urges to go back to alcohol, but this is not something that um you know, he needs to understand that um he could be back in that same spot again. And so um I think the defendant has learned from this.

[00:51:41]And so I think, you know, he's not something he ever expected he would have to deal with. And so he is learning and I think he is he's now handling things the right way.

[00:51:53]So I think the recommendation is fair. I would ask the court to follow the recommendation. Thank you.

[00:52:04]Um this is a case where I think we could benefit from a probation and some continued supervision.

[00:52:12]Um Daniel, anything else you want me to know?

[00:52:15]Well, this is unusual.

[00:52:18]Often we hear, "Well, I was either not drunk and I drank after the fact." Um he admits that he was probably drunk at the time, but it is interesting cuz the whole set of circumstances of him losing his keys and then he just decided to finish it. So I'm sure that contributed to a great increase in her his BAC after the fact. Um he couldn't drive anywhere, but he did drive there. Uh the accident is kind of a weak accident. He kind of just bumped up against a cement post, but no damage to that, just a scratch on the bumper.

[00:52:49]Um if it wasn't for the guns and the high BAC, I would say this is definitely something that's probably not normal for him. It would be an isolated incident and he had some huge grief. I mean, as a a parent of five children, I can't imagine what he was going through.

[00:53:05]Obviously, he knows that this is not a healthy way to handle it. I think his wife had had some similar discussions with him. Um he's got a better grasp of it now. I think he's in a good spot, but because of the guns, the accident, the mild accident, and the high BAC, I think it's definitely meriting a probate term of probation.

[00:53:22]And I don't think we're going to see him again, but we definitely could benefit from a term of probation.

[00:53:41]Mr. Verway, I'm interested in where you got arrested.

[00:53:47]Which was at the back of the cattle dairy farm.

[00:53:52]This ain't on the way to nowhere.

[00:53:55]Uh, it's on Frank Jones Road, which is not easy to get to.

[00:53:59]I guess you can get to it.

[00:54:01]Well, it's not easy to get to. You got to take some other roads to get there.

[00:54:06]You lived at that time on James Drive.

[00:54:09]How did you end up at the back of the dairy farm?

[00:54:16]When I left my house, it's a couple miles away from my house.

[00:54:22]Um, I was actually going to go to the covered bridge and park in that park behind it.

[00:54:29]>> [snorts] >> But when I seen the cows and the peaceful stuff, I just had to go there. You know what my fear is?

[00:54:37]My fear is you went there to shoot yourself.

[00:54:41]My fear is you went there to commit suicide.

[00:54:46]Um, I'm glad you didn't. [snorts] There's clean access there.

[00:54:52]I'm glad you didn't, and I think that you've been afraid to admit that.

[00:54:59]There's guns all over the place.

[00:55:03]And there's a conviction of possession of firearm while intoxicated.

[00:55:08]Um, I'm really glad you didn't.

[00:55:12]Uh, grief is a process.

[00:55:16]You don't turn it off like a switch.

[00:55:20]You have to suffer it.

[00:55:27]And eventually it gets better.

[00:55:31]But alcohol is not the answer to that question.

[00:55:35]Neither is leaving everybody else to pick up the pieces.

[00:55:43]Uh you did acknowledge that you were probably intoxicated at the time you were at the back of the dairy farm.

[00:55:52]Uh but I will concede that you probably continued to drink after that.

[00:55:59]You were almost at the point where they had to take you to the hospital.

[00:56:06]Let's do the gun cases first.

[00:56:14]Possession of a firearm while intoxicated is a misdemeanor, but it requires the forfeiture of the guns.

[00:56:52]This isn't gun therapy.

[00:56:59]>> [snorts] >> I'm going to give you the minimum law.

[00:57:02]I'll give you the day in jail. I said we have one day jail here, Daniel, or two?

[00:57:07]I had two down here. All right. Two days jail, credit two days.

[00:57:17]Zero [clears throat] fine and cost concurrent with count one.

[00:57:22]>> [snorts] >> And the firearms and ammunition are forfeited.

[00:57:46]>> We're going to try to make it better.

[00:57:48]You'd be a great sobriety court fit.

[00:57:52]I'd be all in your business.

[00:57:55]But this is the first time as far as I can tell you ever got arrested for anything.

[00:58:00]So in order to be eligible for sobriety court, you have to have at least two drunk driving. So don't go out and get another one.

[00:58:06]Uh that's not the goal.

[00:58:09]Were you on Ambien at the time of the arrest or is that since then? No, I was on Ambien and uh a Flexeril.

[00:58:17]That's uh I have a back surgery.

[00:58:19]>> things to combine with alcohol. You're going to kill yourself accidentally uh by mixing those medications. Now remember what happened with Tiger Woods.

[00:58:30]Uh when he mixed alcohol with Ambien.

[00:58:34]Uh and he's still struggling, but I guess he's working on it. So we'll commend him for that.

[00:58:45]I'm going to follow Daniel's recommendation.

[00:58:51]I'm going to order I'm going to Could I defer some? I'm going to do a 24-month probation.

[00:59:13]This was an impaired. They reduced it all the way to impaired. That will allow you to drive back and forth to work.

[00:59:22]So that was a benefit, a substantial one.

[00:59:35]I'm going to order 12 days jail credit to leaving 10 days to serve with the 12 days 10 are deferred.

[00:59:44]Drinking driving is an expensive proposition. There's a $300 fine and $75 crime victims rights fee, a $50 state minimum fee, a $100 screening fee, $150 attorney fee, $960 probation oversight. And you can complete this probation in 12 months, which would save you $480.

[01:00:10]There's $255 restitution to St. Joe County Sheriff's Department.

[01:00:18]We are going to do the victim impact panel, which is $32.

[01:00:24]And I guess I'll follow your recommendation for gun safety.

[01:00:40]No drugs and no alcohol. We're going to test as directed. When did you have your last drink?

[01:00:47]December 5th or 6th that night. All right, [clears throat] very good. Are you doing AA or any sort of treatment?

[01:00:54]Uh I've been doing AA uh Where do you do it? Vicksburg. [clears throat] I've been going to Vicksburg every Wednesday. All right. Some of my sobriety court people are in Vicksburg. You may have met them.

[01:01:05]Vicksburg's got a good solid AA support community. I'm very pleased that you're doing that.

[01:01:12]Um this was not going to fix it. Your wife needs you. Your other son needs you.

[01:01:20]They need to share their grief.

[01:01:24]And you would just compound [snorts] it.

[01:01:26]So, you're going to be here and you're going to be better and you're going to help your family all recover from this loss.

[01:01:41]Uh I want you to sign a release from Pivotal.

[01:01:51]And outpatient therapy >> [snorts] >> is recommended.

[01:01:57]So, this was the low point probably of your adult life.

[01:02:03]And this night So, we can go [snorts] up from here.

[01:02:21]Daniel's going to be on top of this probation. You are what I would call a very compliant >> [snorts] >> defendant. I think you're going to do what's asked of you.

[01:02:33]And >> [snorts] >> and it'll get better, but it's going to take some time.

[01:02:53]All right, I want you to go with Daniel.

[01:02:56]Thank you.

[01:02:57]Here's your manners and balance.

[01:03:01]I'll get you plugged in to this probation. Uh he wants you to go with the probation agent probably just to kind of figure out your next [snorts] step, you know. So, if you have any questions, just ask the probation agent. If you have any questions for me, feel free to call me, you know, today or this week. All right. Mr. Burway, stick with your AA in Vicksburg and say hey to my sobriety court people that are over there. Everybody needs to lift everybody else up.

[01:03:28]You keep doing what you're doing.

[01:03:31]All right.

[01:03:35]Thank you, Mr. Gibson.

[01:03:41]I'm going to stop the live stream.