"YOU DON'T SPIT IN A POLICE OFFICER'S FACE" — Judge Middleton Fires Back

[00:00:00]We are going to shift our focus this morning to some criminal matters.

[00:00:05]Uh next up on the docket is People versus Antonio Wayne Lee Wilson, file 26819FY.

[00:00:17]Mr. Wilson is represented by attorney Jordan Harden. Also present here is assistant prosecuting attorney Abby Stoll. This matter started as a felony.

[00:00:28]It was uh resisting and obstructing and aggravated domestic violence and domestic violence.

[00:00:37]Defendant pled no contest 31 days ago to attempted resisting and obstructing a police officer and aggravated domestic violence.

[00:00:48]The court set the matter for sentencing today.

[00:00:52]Wanted to get some more information, see if there was any additional victim input, and look at Mr. Wilson's other cases and see how they related to this.

[00:01:04]And I tried to do a dive into that other stuff.

[00:01:14]Ms. Harden, what do you like me to know here this morning?

[00:01:17]>> Thank you, Your Honor.

[00:01:17]>> [clears throat] >> Mr. Wilson does have a pending um I believe it's a domestic violence case that is set with Mr. Gibson. That has not yet been resolved. That preceded this case in time. Um when we were here last week with Judge Pattison on the last pre-trial docket, um Mr. Gibson was here on Mr. Wilson's case and I advised Mr. Gibson that we were set for sentencing today and um perhaps the outcome of today's case would have bearing on his file. Um so I was going to let him know what happened today.

[00:01:49]In talking with Mr. Wilson's mother and I believe the issue was raised at the time of the plea, Mr. Wilson did suffer um in a pretty serious car accident about a year ago.

[00:02:01]I do have some of his medical records.

[00:02:03]His mom sent me some pages, but they're not in any kind of order and it's not the full report, but it does seem to indicate, and I'm happy to provide this to the court and the prosecutor, that he did suffer some pretty significant injuries, specifically as it relates to his spine and his head, which could account for some of the behaviors we're seeing from Mr. Wilson. As my understanding, he didn't really have any kind of significant record, and now we're we're seeing some pretty elevating, escalating behavior, which could account for um that that accident last year.

[00:02:37]His mother also indicated that she's been diligently working to find him some kind of program, an inpatient program to address some of the things that Mr. Wilson's going through.

[00:02:48]I did ask her to get me some kind of information on that program. She indicated in an email that a program had accepted him, but I didn't have a name, I didn't have an intake date, I didn't have a location, excuse me, a location, and um he's got this this case pending in our county, which could bar him from going.

[00:03:07]Mr. Gibson indicated that he I believe is ordered to tether on that file if if he's able to post bond, and and the bond in this case is what's holding him here today.

[00:03:17]Lots of things to consider. The no contest plea was taken due to intoxication, which [clears throat] with the head injury Mr. Wilson suffered and has not really had proper treatment for, is only exacerbated by alcohol consumption, so he he truly does not have recollection of this event. He has been in custody for 30 days. In light of that pending case, I would ask the court to consider a time served. Um If the court feels probation is appropriate, a brief period of probation, maybe to ensure he's getting some treatment for mental health and any other underlying issues that are the result of that accident last year. So, it asks the court to take all those things into consideration today. And again, if the court and the press here would like to see the personal report that I do have regarding that accident, his injuries, I'm happy to forward that over right now.

[00:04:04]>> I'm aware of it. We discussed it at the time of sentencing and in his other case, the MDOP case that he's theoretically on probation for.

[00:04:13]Under Holmes Youthful Trainee.

[00:04:15]So, I You're right. I don't know if we can hang all of his current problems on that, but uh he certainly has been coming to the attention of the court quite often both before and after that accident, but he's on probation on the MDOP case and he's on bond on the earlier domestic violence case when this incident occurred. There's a.208 head injury or not.

[00:04:49].208 is enough level of intoxication for the court to take a no contest plea, which I did.

[00:04:57]Uh [clears throat] so, I'm not quite sure what the answer is, but we continue to look for it. Uh Ms. Stoll, did you get any additional victim input in this case?

[00:05:09]>> We did not, unfortunately, Your Honor.

[00:05:12]Um I would also add though, I believe that the defendant is also on probation out of Branch County. He's on a DV deferral probation there.

[00:05:19]>> Uh if I knew [clears throat] that, I was not aware of it.

[00:05:22]>> Um And on the night of this incident, he was drinking with the protected party for that DV deferral.

[00:05:30]>> [snorts] >> But it does have >> complaining witness?

[00:05:36]Ms. Sanchez-Wilson? No, that's uh >> That's the current >> Riley >> Riley Bales?

[00:05:42]>> Riley Bales. Okay.

[00:05:48]>> But it sounds like it was uh a pretty chaotic situation.

[00:05:53]As the court previously indicated, he's already on bond. He has conditions prohibiting him from being in contact with his sister who's the victim in the current DV case that's pending.

[00:06:05]He was also very intoxicated. He was a.204.

[00:06:11]And it hasn't been mentioned yet, but he also spit in officer >> Yes.

[00:06:18]>> He spit in one of the officers, officer Fuller's face when he was being arrested. He called him a [ __ ] And so truly I don't think probation is appropriate here. I would ask for another 2 weeks of jail.

[00:06:33]>> All right, Mr. Wilson. We have a special place in our heart for people that spit at police officers or spit in their face.

[00:06:41]It's a particularly egregious insult.

[00:06:46]Times of COVID became even more of an insult.

[00:06:50]You were very drunk.

[00:06:56]And I'm sure you regret it, but you don't remember it.

[00:07:03]What would you like to tell me?

[00:07:07]>> The I'm very sorry about that day.

[00:07:14]I was very intoxicated.

[00:07:16]That's not me at all.

[00:07:18]For real.

[00:07:20]Um Yes, I just like to apologize to the officers and the victim of that day.

[00:07:34]I do plan to see a therapist and stuff if I do get out.

[00:07:38]The help >> Well, first thing you need to do is stop drinking. You were on two probations at the time of this that said you weren't supposed to drink. And you were on bond.

[00:07:49]You're on probation in Branch County for a domestic assault on our same complainant, Riley Bates.

[00:07:55]You were on probation to me on a malicious destruction of property which was reduced from a felony to a misdemeanor.

[00:08:02]>> [snorts] >> Then you were on bond on another domestic assault on Ms. Sanchez-Wilson.

[00:08:08]So, this was bad all the way around.

[00:08:11]I gave you 60 days in the MDOP case.

[00:08:20]And then put you on a probation which frankly has not been very successful.

[00:08:25]>> [snorts] >> On the domestic assault Ms. Bates cut her hand.

[00:08:43]She said you stomped on her fingers against the Xbox.

[00:08:47]She also had a bloody nose, I think, and you had blood all over yourself and your pants and you were both drinking and brawling.

[00:08:59]But this is not good, especially when you're on a domestic violence deferral.

[00:09:03]The aggravated is the injury to her hand and her nose.

[00:09:12]I don't know whether there was a no contact provision in there, but Branch County is probably going to revoke your probation, I would guess.

[00:09:20]I don't know that, but >> [snorts] >> you've been in jail for 31 days on the domestic assault on the or 31 days credit, 31 days.

[00:09:42]>> Concur with the attempt at R and O.

[00:09:47]No fine and costs.

[00:10:05]>> [clears throat] >> On the attempt at resisting and obstructing You got 31 days of clean time, which I think is a good start.

[00:10:23]I'm going to order in 31 days. I'm going to order 91 days jail, 31 days credit.

[00:10:30]So, you're 60 days to do, which will come out about the time of your case in circuit or your other domestic violence case.

[00:10:42]Um You're also on probation on the R and O case, I mean, the MDOP case, which I don't know where the status of that is. So, you're already on a probation.

[00:10:55]>> [clears throat] >> And you violated the bond in that case, and Judge Patterson did that. Tether order, but there's no sense for a tether, cuz you're not going to be able to get out of jail until your July 12th date.

[00:11:16]This will come out with good time close to that date.

[00:11:21]Um >> [clears throat] >> The minimum allowable fine, which is $125 or two additional days.

[00:11:33]>> [snorts] >> Mr. Gibson perhaps can come see you and maybe you can get this case resolved.

[00:11:40]Uh right now theoretically you're on bond on that domestic violence case you're not getting credit for it. So you could end up doing this 60 days and then get another sentence at the other end of it.

[00:11:56]But you got to hurt somebody or someone's going to hurt you.

[00:12:01]Um I had a guy from Detroit years ago when I was prosecutor.

[00:12:11]He spit in a police officer's face and uh pushed him out in front of a coming semi.

[00:12:22]And uh he was from Detroit and he said that in Detroit they would have just beat me up and that would have been the end of it.

[00:12:33]Judge Noecker leaned over to him and said, "You ain't in Detroit.

[00:12:39]You're in St. Joe County. You don't spit in a police officer's face."

[00:12:44]All right, Mr. Wilson, maybe Mr. Gibson can come see you on these other things.

[00:12:48]I do think we need a better plan other than just lock you up.

[00:12:53]You're still theoretically on probation on the MDOP case and you're on probation in Branch County. So knowing Judge Wedel, I don't think he's going to be very happy with this.

[00:13:05]Um but we'll see where this goes. Anyway, I gave you the lowest allowable fine.

[00:13:14]There will be good time calculated into this which would be just about the time your next trial is set, July 12th.

[00:13:24]You're good to go, sir.

[00:13:26]>> Thank you.

[00:13:27]>> Thank you, Yana.

[00:13:28]>> [clears throat] >> Laura, would you let probation know we're ready to go ahead and start with our uh sentences. Uh Mr. Lambert is set for 11, but he's here.

[00:13:43]The screening report was prepared by >> Dan.

[00:13:47]>> Dan.

[00:13:49]>> [snorts] [clears throat] >> Mr. Wilson also had several driving without insurance cases and they're dispersed in there, too.

[00:14:16]>> [snorts] [clears throat] >> All right, thank you. Is Tim out there?

[00:16:15]>> Yes.

[00:16:16]>> Okay, yeah.

[00:16:19]Yeah, he might be talking with his client. We're not We're actually about 9 minutes early here, so.

[00:16:36]>> [snorts] >> Jordan, do you have any insight on Matthew Simon?

[00:17:18]>> Um >> [sighs and gasps] >> I've been working with Angelique on that case for a very long time and we just don't seem to be getting anywhere, [clears throat] so.

[00:17:27]>> Okay.

[00:17:28]Well, we'll see where we do get.

[00:17:30]>> Yeah.

[00:17:32]She >> Mr. George, you've got Bill Black.

[00:17:35]Oh, Mr. George isn't in here.

[00:17:38]>> [clears throat] >> I think Tiffany Wyrick's case is are going to be resolved with Luke.

[00:17:45]>> [clears throat] >> Abby, there's theoretically a trial this Wednesday. Have you got that one?

[00:17:55]>> Um, yes.

[00:17:56]>> Which one is going to go?

[00:17:58]>> Williams.

[00:17:59]>> Okay. Well, good luck.

[00:18:07]My first jury trial, oh no, I did some as an intern.

[00:18:11]My first jury trial as a licensed lawyer was a felony.

[00:18:25]That was only 46 years ago.

[00:18:31]Give or take.

[00:19:13]Mr. Hart Hart, Mr. Lambert, thank you for being here early, but sometimes we try to start early and it doesn't work.

[00:19:22]So, if we start at the appointed time, maybe that's not so bad.

[00:19:35]>> Hopefully we're not super duper busy on Friday.

[00:19:39]>> This Friday?

[00:19:41]Um not as bad as some have been.

[00:19:45]>> Yeah.

[00:19:45]>> Uh I gave you a case, Carrie Green got arrested this morning.

[00:19:51]>> Oh, okay.

[00:19:52]>> Over the weekend and I put her on there for Friday.

[00:19:55]>> Okay.

[00:19:55]>> Her bond's $500 cash or surety and she's homeless and >> Yeah, she called >> the day of the the day on May 1st and she called the court and then we never heard from her since.

[00:20:11]>> Yeah, she called my office the day before and asked to zoom in and we reached out to the court.

[00:20:18]Of course it absolutely not.

[00:20:19]>> Well, what she wanted to she may have even done it. She went to Three Rivers >> Mhm.

[00:20:25]>> and sought to see if she could zoom in from there.

[00:20:29]>> Well, and we had tried to call her back cuz she goes, "This is the number I'll be at at the time."

[00:20:33]>> in March she walked out.

[00:20:36]>> Yeah, she took off from there.

[00:20:37]>> thought we had the case resolved and she just left.

[00:20:41]>> We didn't have it resolved, but Josh had said he was going to amend it to the misdemeanor so we don't have a record so she knew that, "Hey, you're going to be coming back." But I think cuz she was there no warrant was issued and then we sent her the >> Well, she's she's in our custody. I told her she didn't bond out to come here and get some bus passes and to call you, but I think she's probably going to still be in custody by Friday.

[00:21:04]>> Okay.

[00:21:05]I would just say that cuz I've heard from one person for Friday. So.

[00:21:13]>> As you know, that's one of my pet peeves.

[00:21:15]>> Yeah.

[00:21:25]>> [clears throat] >> 1530 and 36 and some are duplicates. So, probably about 25 separate defendants.

[00:21:43]>> Yeah.

[00:21:43]>> Good morning, Daniel.

[00:21:51]I'm going to go ahead and start on this. This is people versus James Edward Lambert. File number is 264020D.

[00:22:03]Mr. Lambert was charged with operating while intoxicated. The matter was reduced to impaired driving.

[00:22:09]>> [snorts] >> Somebody called in and said this guy's all over the road and the police pulled him over. He was very intoxicated.

[00:22:19]Uh Uh he did cooperate with the test. There was a bit of a spread, a 136 and a 129 on his two intoxilyzers.

[00:22:32]At any rate, uh he does not have any previous conviction for drinking and driving. Miss Hard would you like me to know?

[00:22:40]>> Thank you, Your Honor. Um Dan did a very nice report um kind of providing the court with some more background about what was going on at the time of the incident. Uh Mr. Lambert um was one of the few clients lately who promptly made an appointment. We spoke, we discussed the case, and we reached a resolution at that initial attorney pre-trial. So, he has been um taking it seriously. He has made no excuses for what happened and I think the recommendation that Mr. Freizan has provided is appropriate.

[00:23:11]This isn't a situation where there was a serious accident. There's no aggravating factors. So, I think time served in a fine and the victim impact panel is an appropriate sanction for Mr. Lambert. Thank you.

[00:23:26]>> Thank you, Daniel.

[00:23:28]Anything you'd like to add to your report?

[00:23:30]>> No, I think the report pretty much included it all.

[00:23:35]>> Well, this isn't actually his first drunk driving arrest. When I was prosecutor, I reduced a drunk driving to a careless many years ago.

[00:23:45]25 years ago. So, that one even doesn't count anyway. So, as far as we're concerned, this is a first offense drinking driving charge.

[00:23:56]Your lawyer alluded to this, Mr. Lambert. There's a a law a statute that says that a judge should presume that there's no probation and no jail in misdemeanor cases, including operating while intoxicated cases, unless there's an accident or other aggravating factor.

[00:24:25]I don't have to agree with it, but that's what the law is.

[00:24:30]And so, Mr. Freizan made his recommendation with that in mind.

[00:24:35]As she said, there was no accident.

[00:24:43]There was no egregious conduct.

[00:24:46]You basically cooperated with the police.

[00:24:49]You were very drunk, though.

[00:24:51]Staggering around and had somebody not call this in, maybe you would have made it all the way home.

[00:24:59]But you didn't, and here we are now.

[00:25:02]Is there anything you'd like to say?

[00:25:07]>> No, I I mean, there's I've it's gone through my mind so many times. There's a lot I would like to say, but I think you guys should be doing a great job, and I do regret [clears throat] the whole thing.

[00:25:20]Maybe maybe one quick thing. No nobody actually seen me swerving and driving crazy. And maybe the police officers, but it was on the rough road in Three Rivers, and an old 1978 Ford F-250 I've been working on for years.

[00:25:36]Uh not an excuse or anything. It was my daughter actually called the police on me, and that's where I was drinking and stuff, and so it's That's that's all I'd like to say.

[00:25:49]>> All right. Well, it wasn't an I assumed it was some sort of inside source.

[00:25:55]>> Yeah, yeah.

[00:25:55]>> Um but you would You you probably would have stayed there had it not been on the Discord that it came up. You would have slept on the couch.

[00:26:06]>> Yeah, it it turned into a my grandchildren. It turned into a baby loud esk baby. I just felt safer somewhere else, and I I really regret it.

[00:26:18]>> Well, I can identify. When my grandchildren are there, it's [laughter] not easy to sleep.

[00:26:23]>> Not just the sleep part. It was actually they were kind of mean to me. It was just It's been an on-and-off relationship for years and years.

[00:26:33]>> You [clears throat] also don't owe any money to the court. You paid all your fines and costs. You had a number of years when you kept getting arrested for driving suspended, but eventually you got your license back, and at the time this deal went down, you had a valid license.

[00:26:49]Um Mr. George, we're doing the sentence on the city case of James Lambert. There's a recommendation of just time served and fines and costs. Is there any additional input you'd like to offer?

[00:27:02]>> I What's the DUI case number?

[00:27:09]>> I want 29.

[00:27:12]>> No accident, no prior?

[00:27:14]>> No.

[00:27:14]>> If Dan had the opportunity to meet with Mr. Lambert, obviously an impaired is a presumptive fines and costs case. If Dan made the assessment that that's appropriate, we'd have to adopt the recommendation.

[00:27:28]>> Thank you.

[00:27:30]Um All right. Maybe your family's worried about you and maybe this is a good wake-up call.

[00:27:40]I'm going to follow what the presumption is. One day jail credit, one day.

[00:27:47]Judge McFadden had a theory that everybody ought to spend one day in jail sober and one day in jail drunk.

[00:27:54]Uh but you can't do that sort of thing anymore and the facts of this case are at the lower end of our scale. Well, there is one other factor. You're a daily marijuana smoker. So, in addition to alcohol, and I think this is in a high percentage of our drunk driving cases, we don't have any way to really measure it. I guess we could look at it. But many of our people that are drunk drinking driving also have THC in their system. Maybe that's why you were so staggering.

[00:28:26]>> It does seem to enhance, you know, once you've been drinking you think you're fine and then you take a couple puffs or something and it puts you in a whole different state of mind. May I also add, I should have added it when you gave me a chance to speak. Uh I have been going to see a doctor. I haven't had a family doctor or like a uh a regular doctor. I don't know regular physician but I'm going to try the Vivitrol although I haven't had the urge to drink at all since I got arrested and I did go about 6 months >> [snorts] >> before I drank at my daughter's house. I think it's another reason I got lit up there.

[00:29:04]>> This happened in March and I don't think you've had a drink since then.

[00:29:08]>> No, no, no. My woman leaves >> you look better when I saw you the last time.

[00:29:14]>> Yeah, thank you.

[00:29:15]>> Uh I don't know about marijuana.

[00:29:17]>> I I'm you know, it's been my entire life there and I've been growing it as well.

[00:29:23]>> to use it and you're not on probation.

[00:29:26]>> Maybe once I get my medication going again and things will equal out a little bit with that too.

[00:29:32]>> We didn't find any police reimbursement request in here. You probably don't have access to your file.

[00:29:38]>> I I don't have that on me, your honor.

[00:29:40]>> Uh all right, there's a $300 fine, a $75 crime victim rights fee, $50 state minimum fee, $100 screening fee, $150 attorney fee and the victim impact panel was $32.

[00:29:57]>> [clears throat] >> I think you could benefit from that.

[00:30:12]I get 707.

[00:30:17]>> Could that be paid through a payment plan, your honor?

[00:30:19]>> What?

[00:30:19]>> Could that be paid through a payment plan?

[00:30:21]>> Yes.

[00:30:23]As I said, he doesn't have any unpaid fines and costs. He's had a lot of stuff over the years but he's eventually paid it all off.

[00:30:32]Which means I'll trust him for a payment plan.

[00:30:34]>> Thank you.

[00:30:38]>> You got a break by not having a police reimbursement. it probably would be 140.

[00:30:44]707 is part of a payment plan.

[00:30:49]>> [clears throat] >> I want you to meet with Daniel to get the details on how to go to the victim impact panel.

[00:30:55]>> [clears throat] >> Now, I hope I don't see any more. You look [clears throat] good.

[00:31:10]You stopped drinking since March. Maybe your daughter was afraid you were going to kill yourself or somebody else.

[00:31:17]Uh and this might have been an eye-opener.

[00:31:23]So, you go with Daniel. He'll tell you how to get to the victim impact panel.

[00:31:27]You're one of the >> Thank you, your honor.

[00:31:29]>> small number of people that here didn't get any additional jail sentence ordered.

[00:31:34]Um Good luck to you, sir.

[00:31:37]>> Thank you. Thank you.

[00:31:39]>> Abby, I feel the same.

[00:31:42]>> It's an honor to see the inside of this courtroom finally.

[00:31:44]>> Yes, it is a beautiful job they did on it. All right, this is a more difficult of our cases today, but we saved the best for Mr. George.

[00:31:55]>> [snorts] >> This is file number 2699 ST, People versus Travis Edward Jeffries.

[00:32:14]Mr. Jeffries is here with his lawyer, Mr. Tim George. Also present is Abby Stoll from the prosecutor's office and Matt Huff, who got the screening report in this one.

[00:32:26]I think this went in late Friday afternoon, which is when I first saw it.

[00:32:31]I did take the plea.

[00:32:33]Uh this was a troubling kind of case with a very high blood alcohol level.

[00:32:40]Um you have no previous uh drinking driving history.

[00:32:45]You're working at American Axle. Are you on strike?

[00:32:49]>> Yeah, we just um I got the message yesterday.

[00:32:54]>> So, you're still working there?

[00:32:55]>> Yeah.

[00:32:56]>> But, you're on strike?

[00:32:57]>> Yeah.

[00:32:58]Um they're giving us like strike pay and stuff like that, too. So.

[00:33:01]>> All right.

[00:33:04]Well, everybody knows that this is a case we got to give some attention to.

[00:33:12]Mr. George, what's your position here?

[00:33:14]>> Thank you, Your Honor. Well, I know that and the court's well aware of uh there really aren't words to put around how bad the facts are here. Um but, I think [snorts] Mr. Huff kind of put it in a correct light. I do think that this was a cry for help. You know, in speaking with Travis, you know, he was going through a lot in his life and I think this was his routine uh in trying to uh deal with what was going on, but you know, whenever you're at that blood alcohol level and you're trying to make that drive and you're talking about nearly missing some accidents. I know sometimes we say it routinely, but it is very fortunate that somebody wasn't hurt or killed including himself here.

[00:33:53]Um but, I think since that time my client has taken appropriate stra- steps to try to deal with this.

[00:33:59]Um he's engaged in counseling. He has a substance abuse assessment. He's been going to Pivotal. He's met with a psychiatrist. He's also met with a primary care physician. I think this has kind of been a whole body approach trying to get himself together uh cuz there was mention of medical marijuana use. Um that card has expired. Uh my client doesn't use marijuana anymore. He's been able to get uh a prescription for something else to use. So, um I don't think the marijuana use is going to be an issue, but I think um, you know, my client can't renegotiate what happened here. Uh, it was not good, but I think the court can take some, um, you know, solace in the steps that he has taken to try to improve himself, improve his mental health. He reported to me that he hasn't drank since January, which I think, you know, for what the rate was at the time, that's a pretty significant milestone for him.

[00:34:54][clears throat] Um, so overall, we've been able to review what MAT recommendation is. We believe it's appropriate we ask the court to adopt it. Thank you.

[00:35:07]>> Ms. Doll, what's your thought here?

[00:35:09]>> I'll let MAT lead the way, Your Honor.

[00:35:11]>> All right. And MAT did do a nice report.

[00:35:14]Cry for help, uh, I think is right on the money.

[00:35:19]Uh, Mr. Huff, what else would you like me to know?

[00:35:23]>> I think you guys have touched on everything quite well. Mr. Jeffries was going through a dark [clears throat] time, still is to some degree. He's got some issues going on. Um, I want to make sure the court is aware.

[00:35:34]I I applaud the fact that he's willing to address these things prior to facing the legal ramifications of a sentencing hearing or a plea being taken. He he got into, um, substance abuse and mental health counseling right away.

[00:35:50]Um, that's why my recommendation is a little light on the scheduled days, and this is a really aggravated case.

[00:35:54]Normally, I would recommend more jail, but I recommended one day to be scheduled, and the reason for that is simply because he's he's doing things ahead of time without prompt of anyone else.

[00:36:12]>> As Mr. George said, it's kind of hard to get your head around the facts here.

[00:36:17]Your blood alcohol is.348.

[00:36:20]Uh, they have to take you to the hospital at.32.

[00:36:25]Um, cuz it's becomes very dangerous.

[00:36:29]That's poison that level. Poison at any level, but dangerously high at that. You're diabetic.

[00:36:38]Um, that's not a good combination and you're a smoker of marijuana. So, this is another case where you probably also had THC in your system.

[00:36:49]And February the 16th was a Monday.

[00:37:03]>> Wait, January 16th.

[00:37:08]>> Uh, it's Yeah, I think it is, too.

[00:37:11]The PSI says February, but it's January 16th.

[00:37:15]So, January 16th was a Friday. So, maybe you're going to have the next day off.

[00:37:20]But, you got out of work and then drank in the parking lot for hours.

[00:37:27]>> How long? I I >> [clears throat] >> passed out, so >> Well, I'm assuming some of the time you were asleep.

[00:37:33]>> Yeah.

[00:37:33]>> But, you drank before your shift and then after your shift. And I'm sure you didn't just sit there and drink for 4 hours. You were asleep, but it was cold, though.

[00:37:45]You freeze to death.

[00:37:47]Um, and then they're watching you swerve all over the road and uh, people started calling 911 and uh, they stopped you at the gas station where you were got more vodka.

[00:38:08]So, you were to kill on the pain.

[00:38:11]And uh, fortunately, you didn't kill somebody else.

[00:38:16]But, as Mr. George said and Mr. Huff said, you've taken some steps in the meantime." Now, the good news is you still have your job.

[00:38:27]Uh it's a very good job that's got good benefits.

[00:38:32]Maybe you'll get more money after this happens, but you've been there more than a year.

[00:38:37]And uh that's also a good way to get fired, having a couple shots of alcohol before you go into work.

[00:38:45]So, you've been sober now for about 6 months, and that's a good start.

[00:38:51]So, Matt certainly is recommending a probation. This is a kind of thing that might have fit to sobriety court, but it's your first ever drinking driving arrest, and you started out with a bang.

[00:39:06]Uh but you haven't ignored it. You've addressed it, and you've owned it.

[00:39:16]You got to lose your driver's license as a result of this. Do you understand?

[00:39:22]Do you understand?

[00:39:23]>> Yes, sir.

[00:39:23]>> Do you have a way to get back and forth to work?

[00:39:25]>> Um yeah, my uncle.

[00:39:28]>> All right. Is there anything you'd like to tell me?

[00:39:32]>> No, I just like I said, I've been I realized I messed up, and I've been trying like I've been you know, going to my appointments and stuff, and then um well, actually like I got all my appointments this week um cuz you know, they're like repetitive, but um I'm going to try to get on Vivitrol.

[00:39:53]>> All right, that might be a good uh assist.

[00:39:59]I'm going to Abby, after all that, anything you wish to add?

[00:40:03]>> No, your honor.

[00:40:04]>> I'm going to follow Matt's probation with a little bit of tweaking here.

[00:40:11]I'm going to order a 24-month probation which could be discharged at the end of 12.

[00:40:19]Well, I'm going to go with 12 cuz he's already done some of the 12-month probation.

[00:40:24]10 days jail, credit one, leaving 9 days to serve of the 10 days ordered, eight are deferred. You got to do an additional day in jail.

[00:40:35]Might be easy to just order a big block of jail time, but the more important to pay factor here is the probation.

[00:40:48]Drinking and driving is an expensive proposition. There's a little pamphlet outside the door that says drunk driving is expensive.

[00:40:55]>> [clears throat] >> And it certainly is. $300 fine, $75 crime victims rights fee.

[00:41:01]$50 state minimum, $300 screening fee, $150 attorney fee, $480 probation oversight fee, and once again, I couldn't find a police reimbursement.

[00:41:14]Can I help you find [snorts] one in yours?

[00:41:15]>> We don't have one, your honor.

[00:41:18]>> Well, the chief has been on those guys cuz they're losing thousands of dollars.

[00:41:24]I'm not going to order it. I am going to order the victim impact panel for $32.

[00:41:30]>> [clears throat] >> 1187 211 year Now, you have a couple of kids, correct?

[00:41:53]>> Yes, [clears throat] sir.

[00:41:53]>> Do you pay child support on those kids?

[00:41:55]>> No.

[00:41:57]>> And you live by yourself?

[00:41:58]>> Uh I live with my roommate.

[00:42:01]>> All right. So, you're well employed, you don't have any support obligations.

[00:42:06]Should be able to pay these fines and costs.

[00:42:09]>> Yes, sir.

[00:42:16]>> That was a condition of your probation, no drugs and no alcohol. Substance abuse counseling and treatment as directed near the sign a release.

[00:42:29]No drugs or alcohol. Alcohol is prohibited so is marijuana. Your medical marijuana card's expired.

[00:42:39]I want you to get all the way off the mood altering substances and see who's under there.

[00:42:52]And we'll do testing as directed.

[00:42:56]You come into this with a good attitude.

[00:42:59]This is no fun. I mean, that was the bottom. I guess you start climbing your way back up from here.

[00:43:07]And you're working on it. You got a good job.

[00:43:10]You got counseling.

[00:43:14]You're going to pivotal.

[00:43:17]You're doing whatever medication is prescribed.

[00:43:23]Um, and I'm not sure what it is, but whatever it is, I'm sure you're not supposed to mix alcohol with it.

[00:43:37]All right, I didn't have a probation referral handy your map, but I'll give them to you when you can uh view the probation officer and get you coordinates for your probation. I think you're going to be all right. Right now, you got more stress in life cuz you're on strike.

[00:43:53]>> Yeah.

[00:43:53]>> And I don't know if this is going to last 2 days or 6 months.

[00:43:58]Um I hope [clears throat] it is resolved.

[00:44:01]American Axle is the largest employer in the county and certainly the one of the largest the largest in Three Rivers.

[00:44:09]And a lot of people work there and depend on that.

[00:44:13]So, I hope you guys can work that out.

[00:44:16]Anyway, you go with Matt.

[00:44:18]>> Okay, thank you.

[00:44:19]>> Thank you. Uh Mr. George >> Yes, sir.

[00:44:22]>> Do you have any insight on Bill Black?

[00:44:25]>> I just I saw your email this morning and I read your email this week.

[00:44:29]>> okay.

[00:44:30]Let's see where we go.

[00:44:34]All right.

[00:44:35]recess. Thank you, Abby.

[00:44:37]>> Thanks so much.