M*th User Failed Rehab After Getting Endless Chances | Judge Boyd Finally Had Enough

Añadido: 2026-05-30

[00:00:00]here's a treatment program we can give to you, but if you want to accept it and if you're just living your life the way you want to live it and then coming to the court asking for mercy, that's not going to fly."

[00:00:11]>> Judge Boyd listened as the defendant blamed everyone else for his failed probation until the treatment facility report revealed what really happened inside the program. What started as a second chance hearing quickly turned into a warning about excuses, drug use, and a path leading straight to prison.

[00:00:28]2020 CR12347 State of Texas versus Adrienne Arius.

[00:00:34]Could I have parties announced for the record for the state for the state >> defense?

[00:00:38]>> Ted Wood for Mr. Aus.

[00:00:39]>> Are you Mr. Arius?

[00:00:40]>> Yes, ma'am.

[00:00:41]>> All right, Mr. Arius, I'm going to show you a document entitled motion to enter adjudication of guilt and revoke community supervision. Did you review that with your attorney? Did you understand it?

[00:00:52]>> Uh, we didn't review it, but I did read it.

[00:00:54]>> All right. Do you want to have a chance to review that with your attorney?

[00:00:58]Are you sure? Because we're here.

[00:01:02]All right. Are you the same Adrian Ars who is placed on deferred adjudication in 2020 CR12347 for the offense of deadly conduct firearm on May 9th, 2022 for a period of four years. Is that you?

[00:01:17]>> All right. State, >> your honor. Honor um in violation of commission number two. Honor about the 22nd day of July 2022 in Bear County, Texas, the defendant Adrien Aras did then and there failed to submit to drug testing as instructed by the supervision officer in violation of condition number two.

[00:01:35]>> Uh just one moment. There has to be another motion because I only have the one that has a violation of condition number 25. Uh probation, do you have a copy of the other motion? I don't have it.

[00:01:49]might be an old one actually that I have >> from school >> because the only one I have is dated uh that was signed on February 3rd and that's a violation of the substance abuse treatment facility.

[00:02:04]>> That's probably the correct one I have.

[00:02:06]>> No, the old one.

[00:02:10]>> So I believe it's this one.

[00:02:14]>> It is old.

[00:02:16]>> Yes. So this one has previously been heard.

[00:02:23]>> So are you withdrawing uh the entry of violation condition number two state?

[00:02:28]>> Yes.

[00:02:29]>> All right. You may proceed.

[00:02:30]>> Okay. Um violation of condition number 25. Honor about the 3rd day of February 2023 in Bear County, Texas. The defendant Adrien Arius. did that a mayor failed to comply with the rules, regulations, or instructions of the Bear County Community Supervision of Threatness Department Substance Abuse Treatment Facility and that the defendant has been unsuccessfully discharged from the substance abuse treatment facility program in violation of condition number 25.

[00:02:58]>> How do you plead to that? True or not true?

[00:03:01]>> True.

[00:03:02]>> All right.

[00:03:04]Did you understand? By pleading true to violation of 25, the court could find it true, grant the motion, find you guilty, sentence you up to 10 years in prison, and up to $10,000 fine.

[00:03:15]Were you aware of that?

[00:03:17]>> Yeah, I believe.

[00:03:18]>> No, I mean, not you believe so. All right. So, this is what I want you to do for me.

[00:03:24]Straighten your body. Look me in the eye. All right. So, were you aware that by pleading true to violation of condition number 25, the court could find it true? find you guilty and sentence you up to 10 years in prison and up to $10,000 fine. Were you aware of that?

[00:03:45]>> All right. So, you're going to have to stop mumbling. You're going to have to open up so I can hear you.

[00:03:49]>> Yes, your honor.

[00:03:50]>> All right. Knowing that, do you still wish to plead true to violation of 25?

[00:03:54]All right. The court is finding violation of 25 true.

[00:03:59]Uh, is there an agreement?

[00:04:01]>> Your honor, there's not an agreement.

[00:04:03]state. What are you requesting? Your >> honor? Um, we would request, you know, he he has shown um probation has not been successful for him. The treatment facility, he could not abide by the rules. Um, there were other significant allegations that came out of that, your honor. So our recommendation would would either be to revoke to make an adjudication of guilt and revoke or um if the court is in is inclined to continue him um for safe.

[00:04:34]>> All right, defense, what are you requesting?

[00:04:37]>> Judge, Mr. Argus and I uh talked extensively last week about what happened in uh in SATUP. It's a it's unfortunate. What I'm asking for, Judge, is that you deny the most of adjudication uh send him home to let him wait on a treatment uh slot at felony drug court.

[00:04:58]I believe he's been accepted into felony drug court. I think that Satiff may have been a terms and conditions of his admission into felony drug court. He's excited about getting into felony drug court.

[00:05:07]>> Well, I mean, is felony drug court going to accept him because he was unsuccessfully discharged from SAT?

[00:05:14]>> Maybe not, Judge. All right.

[00:05:15]>> That that may be an analysis that you know I can reach out to Diana or CJ or somebody and see if what they have to say about it. We can reset this for another day if >> No, we're not going to reset it for another day.

[00:05:27]>> Spoke to them, your honor, and they told me that I qualified for court.

[00:05:31]>> When was this talking to them?

[00:05:33]>> About two weeks ago.

[00:05:35]>> Who requested that he be referred to felony drug court for them to have spoken to him? Two weeks ago.

[00:05:41]>> All right. And and did you get an update >> report that I have? Um however that report was sent.

[00:06:04]>> All right.

[00:06:07]All right. So here's the thing, Mr. Aras. It appears to me that you don't want to be on probation. It appears to me that you wish to continue with your drug use. And there are some things that I can help people with and some things that I cannot. For example, I can give you all the tools possible. I can fill up your toolbox with this is what you do if you have the urge to use. Here's a treatment program we can give to you.

[00:06:32]But if you want to accept it and if you're just living your life the way you want to live it and then coming to the court asking for mercy that's not going to fly.

[00:06:40]>> Oh no that's not true. I I've never I've never been m of any probation. I've always completed them. Your honor my probation officer treated me unfair.

[00:06:52]Your honor revoked me for all kinds of things. I was three months into a full year probation period and she revoked me for every last striulation there was on that your honor. I was trying to >> Well, here's the time out. Time out.

[00:07:04]Here's the thing.

[00:07:06]>> Uh, you can say maybe. I don't know. I don't like people to speak ill of people who are not present. You can say that maybe your probation officer, maybe y'all have a personality conflict, a communication conflict, and you all don't get along. But the fact that they're putting uh violations in your motion to revoke, you can't say it's not true. If it if it isn't true, then we'll go there. You can't say that you're not using meth or marijuana. I mean, maybe you want to say that, but when probation officers put allegations in these motions, sometimes maybe they'll let other people slide. Maybe the person who doesn't report exactly at 9:00 a.m. on the 12th when they ask them to, maybe they come on the 13th, they let them slide and then maybe for you they don't let you slide. But the rules are in place and there are consequences to every rule. Do you understand?

[00:08:03]And I don't know why people seem to think that there should not be any consequences for actions, but there are.

[00:08:10]Like if here's the thing. If I don't pay my electric bill, you know what the consequences of that are? Coming home to a dark house. I don't pay my water bill, you know what the consequences of not having water. Knocking on my next door neighbor's door. And my neighbors are great. I know if I knock on their door, they'll let me spend the night there and I'll say, "Please don't tell my mom I didn't pay my bill." But you have got to make a decision on what you want your life to be. If you want your life to be constantly looking over your shoulder because you're not doing what you're supposed to be doing, constantly worrying about when you're going to get your next drug so that you can live a life of being high. That's on you.

[00:08:51]>> No, I had quit using the drug and I told her that when I took my second UA, I told her I was going to be dirty, but that my level should be lower. And on the third UA, I would be clean.

[00:09:04]>> Why you not doing safe? Why? Why? Why was there an issue with Saturn?

[00:09:10]>> Because I had been seen with Dr. Been there and they had been pushing me and pushing me and eventually just became too much on me.

[00:09:20]>> And I got into a fight with one of them.

[00:09:23]There was a day one of them threw a roll of toilet paper at my face. I was watching TV. Here comes a roll of toilet paper. It's the one next to me. I did nothing about it, your honor. I looked at them. I kept watching TV. All right.

[00:09:34]I tried your honor.

[00:09:38]probation.

[00:09:40]>> Could I see the um documentation on this uh being released from SAT?

[00:09:55]>> All right. So people, when we're on the record and you're behind the court reporter, please do not talk or either just ask the deputy if you can move your client to the other end because probation cannot hear.

[00:10:13]All right. So this is what I'm reading.

[00:10:17]I need everyone to please whisper.

[00:10:22]It says on February 3rd, 2023, security monitor was monitoring the central dorm.

[00:10:29]As he was preparing the residents for recreation and getting up from his desk, Mr. Simmons witnessed both residents, Aras and Bruno, fighting without warning. Shift leader and Caster along with other staff members responded quickly. Resident stepped away with a bloody nose and resident Aerys with a bruise in his face. Both residents receive medical attention. Minutes later, this RCSO watched the video surveillance and saw resident Aras aggressively headbutt, throw a punch, striking him in the face, and then place resident Bruno in a choco.

[00:11:07]This RCSO spoke to resident Aras about his involvement in the fight, and resident Aras admitted the fight between him and resident Bruno occurred in the central dorm. Resident Aras said that the resident Bruno asked his age and made fun of him.

[00:11:27]Resident Aras stated he told resident Bruno to go and get in shape because his nipples looked like a 12-year-old girl on February 3rd. Resident Aras was returned to Bear County. So it app it appears that your behavior >> is not good behavior.

[00:11:43]>> Okay.

[00:11:45]And I told them how it happened and they said to me that's what it looked like.

[00:11:50]>> Right.

[00:11:50]>> I never punched that guy in the face.

[00:11:52]Yes, I did headbutt him. I didn't punch him in the face and I didn't put him in a choke.

[00:11:57]>> When I pinbuted him, he grabbed my leg.

[00:11:59]He tried to take me down to the floor.

[00:12:01]Your honor, he ended up pushing me back a couple of bumps. Yes, I grabbed him in a headlock because he was holding on to my leg. Your honor, I never punched him in the face and he never stepped away.

[00:12:11]They pulled him off me. All right, you have a choice today. Here's your choice.

[00:12:16]I will send you to prison for four years or you can go to safety. Those are your two choices. There is no third option on the table. What would you prefer?

[00:12:28]>> All right. The court will deny the motion.

[00:12:34]Alternate main conditions to include safety And upon release, there's be 90 sober meetings in 90 days.

[00:12:53]And probation, you can see if felony drug court will accept him.

[00:12:58]Is there anything else?

[00:13:00]>> No, you're >> all right. Anything else, Mr. Aras?

[00:13:04]>> You're welcome. You better start doing We're off the record. you have better start doing better because the other thing that was in that report is that you are minimizing your drug issues. And let me just tell you, anybody who's putting illegal substances in their body and sometimes prescribed substances in their body need to acknowledge that. And if you can't acknowledge that you have a problem, nobody can help you with the problem because you don't even see it as one.

[00:13:29]>> Do you understand? Can I say something?

[00:13:31]>> Uh, do you really want to say something?

[00:13:33]I think you probably don't want to.

[00:13:36]Okay, let's hear it.

[00:13:38]>> I started using American Academy because I had >> because what?

[00:13:42]>> Because I had prior medicine.

[00:13:44]>> Okay. And and I went to the hospital and they almost killed me and they left me traumatized on it and they bought $40,000 for surgery and I didn't have $4,000. They don't have medication for pilot.

[00:13:56]>> The only thing I could come up with to help myself is >> All right. So, here's the thing.

[00:14:01]>> Your honor, >> now here's the thing. What you're doing now is you're making an excuse for your use of meth.

[00:14:09]>> Well, we will see.

[00:14:14]>> Well, you need to let them know it's safe, Pete. And you need to follow through. If you don't, you're going to find yourself back here. And from here on out, you need to realize you're looking at up to 10 years in prison. Do you understand?

[00:14:24]>> All right. Good luck to you. 2022 CR1874 State of Texas versus JC Leeday. Can I have parties announced for the record for the state?

[00:14:35]>> Pretty for the state >> defense waste of the defense.

[00:14:39]>> Are you Mr. Leay?

[00:14:40]>> Yes, ma'am.

[00:14:41]>> Council, have you received all the discovery and did you review it with your client?

[00:14:44]>> I have, your honor.

[00:14:45]>> Court will find that the state is in compliance with discovery. Mr. Leay, I'm showing you what's entitled True Bill of Indictment. Did you review that with your attorney? Did you understand it?

[00:14:54]Council, do you w we w we w we w we w we w we w we w we w we w weigh the reading of the indictment, >> your honor.

[00:14:57]>> State are you proceeding on the indictment as presented? Your >> honor, the state will wave the enhancements to proceed on the assault.

[00:15:15]>> All right. Uh Mr. Leay, I'm showing you what's entitled court admonishments and defendants waiverss and affidavit of admonitions. Did you review that document with your attorney? Did you understand it? Did you sign it in all the appropriate places?

[00:15:26]>> Yes, ma'am.

[00:15:29]>> Council, did you understand what you're charged with is aggravated assault with a deadly weapon?

[00:15:34]>> Yes, ma'am.

[00:15:37]>> Yes. The range of punishment for that offense is anywhere from 2 to 20 years in prison and up to $10,000 fine. Did you understand?

[00:15:44]>> Yes, ma'am.

[00:15:45]>> If you have a plea bargain agreement with the state, the court does not have to follow your plea bargain agreement.

[00:15:49]If for any reason the court does not follow your plea and gives you more than you bargain for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea. Did you understand?

[00:15:59]>> Yes, ma'am.

[00:16:00]>> Did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call and right to remain silent? Did you understand by entering this plea bargain agreement you were giving up those rights? Did you intend to give up those rights and enter into a plea in this case? Council, has your client been able to provide you with any defenses?

[00:16:21]>> Yes, sir.

[00:16:22]>> Do you believe he has a rational as well as a factual understanding of the charges against him?

[00:16:26]>> He does, your honor.

[00:16:27]>> Do you believe he's currently competent and was legally sane at the time of the offense?

[00:16:30]>> Yes, sir.

[00:16:31]>> Mr. Leay, has anyone threatened you, horse, or place you in fear to get you to enter this plea?

[00:16:36]>> Has anyone promised you anything other than the plea?

[00:16:38]>> No.

[00:16:39]>> Are you satisfied with the way you've been represented?

[00:16:41]>> Yes, ma'am.

[00:16:42]>> Are you a US citizen?

[00:16:43]>> Yes, ma'am. Court will find that defendant has narrowly involuntarily waved his right to jury trial. Showing you the plea bargain page. Did you review that with your attorney? Did you understand it? Yes, ma'am.

[00:16:53]>> According to the plea, punishment is be assessed at two years in the prison.

[00:16:56]There's an affirmative finding of deadly weapon, no applications, and an affirmative finding of family violence.

[00:17:02]Did you understand with an affirmative finding of family violence, you're not allowed to own or possess any weapons or ammunition?

[00:17:07]>> Yes.

[00:17:08]>> Did you understand with an affirmative finding of family violence, you're not allowed to be designated as primary custodial parent? Yes, ma'am.

[00:17:14]>> Did you understand that to be the entirety of your plea?

[00:17:16]>> Yes, ma'am.

[00:17:16]>> Defense?

[00:17:17]>> Yes, honor.

[00:17:18]>> State?

[00:17:18]>> Yes.

[00:17:19]>> Showing you the paragraph entitled waiver of appeal paragraph. Did you review that paragraph with your attorney? Did you understand it? Did you sign it in both places?

[00:17:27]>> Yes, ma'am.

[00:17:28]>> Did you understand by signing that you're waving your right to appeal? The only items that can be appealed are written pre-trial motions that have been filed, heard, and ruled upon by the court. Did you understand?

[00:17:37]>> Yes, ma'am.

[00:17:38]>> Council, have there been any such motions?

[00:17:40]>> No. Then to the offenses charge, how do you plead? Guilty, not guilty, or no contest.

[00:17:45]>> State any evidence.

[00:17:46]>> We offer state exhibit number one. All attachments.

[00:17:48]>> Any objection?

[00:17:50]>> All right. State, you may be excused to continue to confirm, >> Mr. Leay. And not you, >> Mr. Lay. I'm showing you what's entitled wavering consent to stipulation of testimony and stipulations. Did you review that document with your attorney?

[00:18:04]Did you understand it? Did you sign it in all the appropriate places?

[00:18:08]>> Yes, ma'am. Again, did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call, and the right to remain silent? Yes, ma'am.

[00:18:18]>> Did you understand that today the state will be presenting evidence in the form of witnesses statements and police reports, but most importantly, there will be no live testimony? Did you understand?

[00:18:28]>> Court will find that defendant has knowingly involuntarily waved and consented to stipulation of testimony and stipulations. Court will accept into evidence states exhibits one and attachments and review the same.

[00:18:40]All right. After reviewing states exhibits one and attachments, the court will find there is sufficient evidence to find you guilty and the court will find you guilty. Are you proceeding with sentencing?

[00:18:48]>> Yes, sir.

[00:18:50]>> Anything you wish to say on behalf of your client?

[00:18:52]>> Just that you follow the paperwork.

[00:18:55]>> All right. Court will sentence you to two years in the prison. Give you credit for any time served. There's an affirmative finding of a deadly weapon and there's an affirmative finding of family violence.

[00:19:13]Is there anything else from either side with regards to sentencing?

[00:19:16]>> I thinkable defense.

[00:19:17]>> All right. And I am sorry. Uh let me see.

[00:19:22]I am going to do a no contact order and I know that wasn't requested. Your honor is deceased.

[00:19:30]>> No, no, there are other people and the household >> with the roommate. Yes.

[00:19:33]>> Yes. So, is there going to be any objection to the court adding to the plea that he's to have no contact with Angel Vasquez, >> Sarah Espinosa?

[00:19:44]>> Yes.

[00:19:45]>> And Nathaniel Zermino.

[00:19:56]>> All right. So the court is going to order also no contact with the following persons.

[00:20:04]Nathaniel Zermino Ze rar s a r a Tiffany with an I.

[00:20:20]Espanosa with a Z.

[00:20:24]and Angel Basquez.

[00:20:32]All right, Mr. Leay, tell you what's entitled trial court certification of defendants's rights to appeal. Did you review that document with your attorney?

[00:20:40]Did you understand it?

[00:20:42]>> Yes, ma'am.

[00:20:43]>> Because this is a plea bargain agreement. Because I followed your plea bargain agreement and because you wave your right to appeal, you do not have the court's permission to appeal. Do you understand? Because this is an affirmative finding of family violence and also because this is a conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question over what a weapon or ammunition is, you'll need to speak to an attorney. Do you understand?

[00:21:07]>> All right, we can go out the record. How old are you?

[00:21:09]>> Uh 23.

[00:21:11]>> All right. You're 23 years old. You're going to have to start changing your life. If there's a drug or alcohol problem going on with you, you need to make sure that you take care of that because otherwise you're going to be in and out of prison and in and out of court system. You understand?

[00:21:24]>> All right. Good luck to you. Thank you.

[00:21:25]2026 CR00002602 state versus Megan Sanchez. Can I have parties announced?

[00:21:32]>> Lauren Espinoza for the state.

[00:21:33]>> Betty Garcia for Miss Sanchez.

[00:21:35]>> And are you Miss Sanchez?

[00:21:37]Council, have you received all discovery? Did you review it with your client?

[00:21:40]>> Yes, judge. And Miss Sanchez, did you review the application for deferred adjudication with your attorney? Did you understand it and sign it?

[00:21:47]>> Yes, your honor.

[00:21:48]>> And did you review the true bill of indictment with your attorney? Did you understand it?

[00:21:52]>> Yes, sir.

[00:21:52]>> Council, are you waving the reading of the indictment?

[00:21:55]>> I am, your honor.

[00:21:56]>> State, are you proceeding on the indictment as presented?

[00:21:58]>> Yes, judge. But now that I'm thinking about it, I think I neglected to put the prior judgments in our stipulation.

[00:22:03]>> Oh, that's okay. Let me court will find that the state is in compliance with discovery. Miss Sanchez, did you review the court admonishments with your attorney? Did you understand it?

[00:22:13]>> And did you sign it in all the appropriate places?

[00:22:15]>> Yes, >> you're charged with uh theft $2500 to $30,000 as a state jail felony.

[00:22:22]>> Oh, you did. It was a different charge.

[00:22:24]>> Thank you.

[00:22:25]>> It's an aggregate, so we're good.

[00:22:27]>> Sorry about that.

[00:22:28]>> No problem. Uh the range of punishment is anywhere from 180 days up to two years in the state jail facility and up to a $10,000 fine. If you have a plea with the state, the court does not have to follow your plea. If the court does not follow your plea and gives you more than you bargain for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea. You have a right to jury trial, a right for you or your attorney to cross-examine and confront witnesses.

[00:22:54]The state will call in the right to remain silent. council. Here you go. By entering this plea, you're giving up those rights. Did you intend to give up those rights and enter into a plea in this case?

[00:23:04]>> Yes, sir.

[00:23:06]>> Did you understand if the court were to grant your application for deferred adjudication if for any reason your deferred adjudication were revoked, the court could find you guilty and sentence you up to two years in the state jail facility and up to $10,000 fine?

[00:23:20]Council, has your client been able to provide you with any defenses?

[00:23:23]>> She has, your honor. Do you believe she has a rational as well as a factual understanding of the charges against her?

[00:23:29]>> Yes.

[00:23:29]>> Do you believe she's currently competent and was legally sane at the time of the offense?

[00:23:33]>> I do, your honor.

[00:23:33]>> Miss Sanchez, has anyone threatened you coerced you or place you in fear to get you to enter this plea?

[00:23:38]>> No.

[00:23:38]>> Anyone promised you anything other than the plea?

[00:23:40]>> No.

[00:23:41]>> Are you satisfied with the way you've been represented?

[00:23:43]>> Yes.

[00:23:43]>> If you're not a US citizen by entering this plea, you will be deported, denied naturalization, and re-entry. Did you understand?

[00:23:50]>> Yes, ma'am. Court will find that defendant has knowingly involuntarily waved and consented to stipulate. I'm sorry. The court will find that defendant has knowingly and it's it's right Eve. The court will find that defendant has knowingly involuntarily waved her right to jury trial. Did you review the plea bargain page with your attorney? Did you understand it?

[00:24:08]>> Yes, ma'am.

[00:24:08]>> All right. According to the plea, um there's a $1,200 fine probated and the state recommends deferred adjudication. Did you understand that to be the plea?

[00:24:17]>> Yes.

[00:24:18]>> Defense and state? Yes, your honor.

[00:24:20]>> Yes, your honor.

[00:24:20]>> Did you review the waiver of appeal paragraph with your attorney? Did you understand it and sign it in both places?

[00:24:25]>> Yes, your honor.

[00:24:26]>> By signing that, you're waving your right to appeal. The only items that can be appealed are written pre-trial motions that have been filed, heard, and ruled upon by the court. Did you understand?

[00:24:35]>> Yes, sir.

[00:24:36]>> Any such motions?

[00:24:37]>> No such motions.

[00:24:38]>> Outside the agreement, um the state is recommending that your community supervision be for a term of four years.

[00:24:45]There be a tap evaluation 120 hours of community service restitution. Did you and the theft course and MRT uh probation? Are you ready?

[00:24:56]>> Yes.

[00:24:57]>> He has a copy as well.

[00:24:58]>> All right. Thank you. Thank you for that. You're welcome.

[00:25:00]>> Uh Cindy, are you ready?

[00:25:02]>> Mhm.

[00:25:02]>> All right. There should be no contact with the Hebner Oaks Shopping Center locations in the locations of Academy at 2643 Northwest Loop 410 San Antonio, Texas 78230 Alta ULTA at 11745A IH10 West 701 San Antonio, Texas 7823 3 0 Victoria Secret at 11745 block IH10 West northbound San Antonio, Texas 78230 and Bath and Body Works at 1745 IH10 West, San Antonio, Texas 78230.

[00:25:59]Did you understand those were recommendations from the state and the court does not have to follow those recommendations?

[00:26:04]>> Yes.

[00:26:04]>> Then to the offense as charged, how do you plead guilty, not guilty or no contest?

[00:26:08]>> Yes.

[00:26:10]>> State any evidence?

[00:26:11]>> Yes, your honor. State offer states exhibit one and all attachments.

[00:26:13]>> Not objection, your honor.

[00:26:15]>> All right. And state, is there any restitution?

[00:26:17]>> No, judge. All items were recovered.

[00:26:18]>> All right. Thank you. You may be excused. Did you review the waiver and stipulations with your attorney? Did you understand it and sign it in all the appropriate places?

[00:26:26]>> Yes, your honor. Again, did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call in the right to remain silent?

[00:26:36]>> Yes, sir.

[00:26:36]>> Did you understand that today the state will be presenting evidence in the form of witnesses statements and police reports, but most importantly, there will be no live testimony. Did you understand?

[00:26:46]>> Yes, sir.

[00:26:47]>> Court will find that defendant has knowingly and voluntarily waved and consented to stipulation of testimony and stipulations. Court will accept into evidence states exhibits one in attachments and review the same. Court will find there's sufficient evidence to find you guilty.

[00:27:02]The court will defer finding of guilt as you've applied for deferred adjudication. Are you proceeding with sentencing?

[00:27:08]>> Yes, your honor.

[00:27:09]>> All right. Who is Megan? I'm sorry. Who is Melanie Sanchez to you?

[00:27:15]>> My sister.

[00:27:16]>> And who's the older sister?

[00:27:18]>> I'm the oldest.

[00:27:19]>> I'm sorry.

[00:27:20]>> I'm the older sister.

[00:27:21]>> All right. And how old is your is your sister Melanie?

[00:27:23]>> She's my age.

[00:27:25]>> Okay. And who is Shawn Lions?

[00:27:29]>> Sean Lions. I don't know who.

[00:27:31]>> Okay. They have these as other people who are involved. I don't know. Maybe they were the people at the store. Mia Wells, >> Joe Wares, Erica Jones.

[00:27:45]>> All right. So, why were you all stealing? Um, it was just to make money, but I understand that that's not the right way to make money and I take full responsibility for my actions.

[00:27:58]>> Well, why did you need to make money?

[00:27:59]Did you have employment >> at that time? No, I wasn't employed.

[00:28:03]>> And why were you not employed?

[00:28:06]>> Um, I just wasn't employed. There was no there's no um excuse for why I was employed at the time.

[00:28:13]>> So, are you employed now? No, ma'am. I'm currently taking classes right now.

[00:28:18]>> How old are you?

[00:28:19]>> I'm 24.

[00:28:21]>> All right. So, how are you supporting yourself?

[00:28:23]>> Um, I >> No, I mean, how do you you support yourself? Because it takes money to live. You got you you have to eat.

[00:28:35]>> No. Yeah, I get assistance from government.

[00:28:39]>> Why?

[00:28:41]>> Because I don't have a job.

[00:28:44]No, I mean I help me because I'm trying to understand. You say you're receiving government assistance. Yes, ma'am.

[00:28:51]>> Because you don't work.

[00:28:52]>> That's >> so lives with her mother that probably provides much of the support.

[00:28:59]>> All right. So, who are you staying with?

[00:29:01]>> My mother.

[00:29:02]>> All right. So, why are you receiving government assistance for I mean what?

[00:29:07]>> I have a son.

[00:29:09]>> Okay. And how old is your son?

[00:29:10]>> He's 14.

[00:29:12]>> All right. So, didn't you have a son when this was going on?

[00:29:15]>> No, I I understand. Yeah, I did have a son. Um, I mean, there's no explanation to why I did what I did. All I can do now is just take responsibility.

[00:29:25]>> I understand.

[00:29:25]>> I can't go back and change what I did, but I can definitely move forward. Yes.

[00:29:28]>> Okay. And I'm trying to understand and the reason why I ask these questions, I'm trying to understand what conditions of probation would be appropriate for you. So, I'm trying to see mentally where you are.

[00:29:40]you did mention that you're in nurses.

[00:29:42]>> Yeah, I'm I'm in at the moment I'm in the process of trying to obtain my certification essay. Um, you know, to I just want to be a better role model for resigns.

[00:29:53]>> Okay. So, this is what I'm going to tell you and I'm sure your attorney's already uh talked to you about this.

[00:30:00]Any occupation that requires a license, they do background checks. Doesn't matter really if it's deferred or not.

[00:30:09]It's going to be there. Not saying you will be procluded from getting your license, but you just made it harder.

[00:30:15]Yeah.

[00:30:15]>> Because this is a considered a crime of moral turpitude. You understand?

[00:30:19]>> Research. So, yes, I'm aware.

[00:30:21]>> Okay.

[00:30:24]And does your sister live at home with your mom as well?

[00:30:27]>> No, she doesn't.

[00:30:30]>> All right. The court is going to sentence you to four years deferred adjudication. There should be regular reporting by Zoom or in person.

[00:30:39]Regular random UAS uh probation after her initial reporting if you all want to just do Zoom since she has a child and she's in school. No. Okay.

[00:30:49]>> She also lives in Zavala County Judge.

[00:30:51]>> Okay. And where is Zavala?

[00:30:53]>> Two hours from here.

[00:30:55]>> All right. And there's to be a Is there requires a transfer, Miss Abrams?

[00:31:01]>> I'm sorry. I didn't hear where. Zavala County.

[00:31:04]>> Yes.

[00:31:05]>> All right. There's to be a transfer to Zavala County.

[00:31:11]What city is that? Is it Zavala City?

[00:31:14]>> Thessal City.

[00:31:14]>> Thel city. Okay. So, there's a be a transfer to Zavala County.

[00:31:20]120 hours of community service restitution.

[00:31:23]I'm going to order parenting classes.

[00:31:26]Once parenting classes are completed, 60 hours will deem satisfied. I'm going to order the the felony theft course.

[00:31:36]Once that's completed, the remaining 60 hours will be deemed satisfied.

[00:31:42]And there's there can be regular random U I'm sorry, regular UAS or either the patch.

[00:31:50]There's going to be proof of employment within 45 sorry 60 days. No employment as a home health care provider or with minors.

[00:32:01]There's to be no contact with Hebner Oaks Shopping Center and the following locations.

[00:32:24]Academy at 2643 Northwest Loop 410 78203.

[00:32:36]Alta at 1745 IH10 West 701 78203.

[00:32:54]That's the zip code.

[00:32:57]Victoria's Secret at 11745 IH10 West northbound 78203 and Bath and Body Works at 11745 IH10 West 78203.

[00:33:26]fill visits once per month for two months.

[00:33:32]If they are if they do fill visits where it's going to be $1,200 fine probated and Miss Abrams, the tap evaluation can be done out of custody.

[00:33:48]>> Uh probation, is there anything else?

[00:33:51]>> No.

[00:33:51]>> Is there anything else you need from the court in order to be successful?

[00:33:55]All right. Did you review the document entitled trial court certification of defendants's rights to appeal with your attorney? Did you understand it and sign it?

[00:34:02]>> Yes.

[00:34:03]>> All right. Because this plea bargain agreement because I followed your plea bargaining agreement and because you wave your right to appeal, you do not have the court's permission to appeal.

[00:34:11]Do you understand?

[00:34:12]>> Yes, sir.

[00:34:12]>> All right. Good luck to you. Make better choices.

[00:34:15]>> All right. CR000008773 State versus John Anthony AOA. Ready?

[00:34:33]Now parties announced for the record.

[00:34:34]>> Lauren Espinoza for the state.

[00:34:36]>> Warren Wolf. John OA.

[00:34:38]>> Good.

[00:34:39]>> All right. Are you Mr. Ooa?

[00:34:40]>> Yes.

[00:34:44]>> All right. Did you review the document entitled motion to enter adjudication of guilt and revoke community supervision with your attorney? And did you understand it?

[00:34:53]>> Yes, ma'am. Are you the same John Anthony Achoa who was placed on deferred adjudication in 2024 CR000008773 for the offense of possession of a controlled substance penalty group 1 4 to 200 grams on October 21st 2024 for a period of 6 years. Is that you?

[00:35:11]>> Yes ma'am.

[00:35:12]>> All right. State >> violated condition number two honor about the 15th day of November 2025 in Bear County, Texas. The defendant John Anthony Ooa did then and there consume alcoholic beverages in violation of condition number two.

[00:35:27]>> How do you plead to that? True or not true?

[00:35:30]>> Check.

[00:35:30]>> State will wave the remaining.

[00:35:32]>> Any objections to the waiverss?

[00:35:34]>> No, your honor.

[00:35:38]>> Did you understand by pleading true to violation of condition number two, the court could find it true, grant the motion, find you guilty, and sentence you up to 20 years in the prison and up to a $10,000 fine?

[00:35:48]>> Yes, ma'am. Knowing that, do you still wish to plead true to violation of condition number two?

[00:35:53]>> Yes.

[00:35:53]>> Court will find violation of condition number two true. Is there a proposed agreement? Yes, judge. The proposed agreement is to deny states motion alter and amend to implement GPS work release and intensive outpatient treatment.

[00:36:06]>> All right. And what's happening with the new number one case?

[00:36:09]>> That is out of county judge.

[00:36:11]>> Okay.

[00:36:11]>> It's pending and uh he deals he needs to deal with that.

[00:36:16]>> All right. If you grant him prop supervision, the jail will notify Wilson County and get him. If they don't, I told him if if they release him and we'll see that he doesn't get him within the time frame that he'll need to deal with uh that situation, get an attorney deal with that case.

[00:36:39]>> All right. State you may be excused.

[00:36:42]>> Uh probation.

[00:36:44]What is probation's recommendation on >> AOA?

[00:36:59]>> All right. Do you know you're not allowed to drink while you're on probation?

[00:37:02]>> Yes, ma'am.

[00:37:03]>> Then why are you doing it?

[00:37:05]>> It was It was just my mistake.

[00:37:09]>> No, I mean it's not a mistake. These were choices that you were making. So why are you making these choices?

[00:37:16]I mean, do you want to go to prison?

[00:37:19]>> No, ma'am.

[00:37:20]>> Then you need to start acting as though you don't want to go to prison because your actions are saying you want to go to prison or either you want somebody not to catch you, right? And you just slide through this probation. But at some point in time, this is what I've discovered in my time on the planet. At some point in time, everything catches up to you.

[00:37:42]Right.

[00:37:43]>> Right.

[00:37:44]>> So, if you don't start treating probation seriously, you're looking at going to prison and you're looking to going up to prison for up to 20 years.

[00:37:53]You understand?

[00:37:54]>> Yes, sir.

[00:37:55]>> So, do you live in Wilson County?

[00:37:59]>> No.

[00:38:01]>> And have you had any employment since you've been on probation?

[00:38:04]>> Yes.

[00:38:05]>> Doing what? uh was doing parking in Chicago for a company called C CJI.

[00:38:11]>> Okay. All right. I'll do deny the motion uh alter a man conditions to include the following. And I'm sorry, as previously stated, the court is finding violation of condition number two true. Uh the court is going to um >> does I have a copy of the court summary if you wanted to recommendation? Thank you.

[00:38:45]>> All right. The court is going to place you on partial GPS for employment only until further notice.

[00:38:57]uh wave GPS fees.

[00:39:05]Uh Miss Abrams.

[00:39:07]>> Yes, sir.

[00:39:08]>> The the intensive outpatient treatment, I mean, was that previously recommended by the TAP evaluation? Because what he's playing true is drinking alcohol.

[00:39:32]Can you raise your right hand for me, please? Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth to help you God?

[00:39:38]>> All right, you can lower your hand.

[00:39:40]State your name for the record.

[00:39:41]>> John Anthony.

[00:39:43]>> All right. So, you've already pled true to violation of condition number two.

[00:39:47]Board is already going to deny the motion. Uh my question now because I'm trying to Oh, >> so judge um the last top recommendation was for him to go to local ISF and he did local ISFund we he completed it successfully 124 days.

[00:40:07]Um so being that he had done that there although we did not move or the state did not move forward on the other number two he was positive also for methamphetamines on that >> he admitted he didn't well >> well I know he didn't I'm just trying to figure out what whether or not >> something happened in December that just relapsed right he you know he he went through the program >> well I I can tell council. What I'm just trying to figure out is whether intensive outpatient treatment is appropriate or if should be something less. That's why I'm asking him about drug use and alcohol use. So, how often were you using alcohol while you since you've been on probation?

[00:40:56]>> Not not often.

[00:40:57]>> What does that mean?

[00:40:58]>> You really just that one slip up. And with the methamphetamine, >> um, with the methamphetamine, not gonna lie, I did realize, but I ended up stopping.

[00:41:09]>> All right. Do you not have a sponsor?

[00:41:11]>> Sponsor.

[00:41:12]>> Mhm.

[00:41:14]>> You probably need to get a sponsor because you need somebody to call when you're thinking about using so you can talk to them and say, "Hey, I'm at a bar." Because your sponsor will probably say, "Leave the bar." or either the sponsor or say, "I'm on my way over."

[00:41:30]You need somebody to hold you accountable outside of just probation.

[00:41:35]You understand?

[00:41:36]>> Yeah, I understand. But that's kind of like the reason why I did stop because I did have meet somebody and she had been keeping me off. It was keeping me on track.

[00:41:45]>> Okay.

[00:41:46]All right. The court will deny the motion alter conditions partial GPS for employment only until further notice. So, what that means is while you're on GPS, you can only go to work. That's it. If you're driving from work and you see a fast food place and you're like, "Hey, let me stop there and grab something." You're not allowed to do that. You're only allowed to leave your house, go to work, leave work, go back home. You understand?

[00:42:14]>> Yes.

[00:42:16]>> All right. And there'll be intensive outpatient treatment uh through probation.

[00:42:26]Uh probation. Anything else?

[00:42:29]>> Okay.

[00:42:30]>> And I uh I'm going to add 50 hours of community service restitution.

[00:42:43]And for every sober support meeting you complete, an hour will be deducted from your community service.

[00:42:49]>> Is there anything else you need from the court to be successful?

[00:42:52]>> Um, I was going to ask cuz I'm expecting I just found out that's affecting the baby soon. So like it might doctor's appointment. So they will show up to the doctor appointment. So >> all right. So we'll cross that bridge when we get there because I have no idea what's going to happen with Wilson County. What I can tell you is if the Wilson County issues are resolved, if I'm still here, you come back here and you let me know or either you let probation know and we'll address that.

[00:43:22]>> I'm sure if you're doing well that I will allow you to do that, >> right?

[00:43:27]>> If you're not doing well, it's probably not going to happen.

[00:43:30]>> Yeah, that makes sense.

[00:43:31]>> So, it'll be completely up to you whether you're allowed to or not. Okay.

[00:43:34]>> Yes, ma'am.

[00:43:34]>> All right. Good luck to you. And here's the thing. You're going to have a baby.

[00:43:39]be someone that that baby will be proud to say, "That's my dad." And make sure that you are in that child's life and listen to the child. Okay.

[00:43:48]>> Yes, ma'am.

[00:43:48]>> All right. Good luck to you.

[00:43:50]>> What began as a routine probation violation hearing turned into a direct warning about accountability, addiction, and the consequences of wasted opportunities. After previously completing an intensive treatment program, John ooa found himself back in court admitting to alcohol use and passed methamphetamine relapse while already facing another pending case out of county.

[00:44:12]>> 2019 CR10921, state of Texas versus Brandon Guzman.

[00:44:18]Could I have parties announce for the record for the state?

[00:44:20]>> Jason Jorgens for the city.

[00:44:21]>> Defense.

[00:44:22]>> Robert Mer for defending your honors.

[00:44:24]>> And are you Mr. Guzman?

[00:44:26]>> All right. The first thing uh the defense has two motions. Motion for speedy trial and the application for writ of habius corpus seeking release because of delay. Uh state have you had a chance to review uh both motions?

[00:44:39]>> Yes, your honor. Um and just to be clear, the motion for speed trial was that dated back in September of last year? That's >> no they one was another one was e filed but it wasn't e filed till yesterday unfortunately. So it just came through mic.

[00:45:01]>> Thank you.

[00:45:13]>> Okay, judge. We're ready.

[00:45:14]>> All right. So we'll proceed first with the um motion for speedy trial defense.

[00:45:19]It's your motion. Uh, everyone in the box, excuse me, in the in the box. I'm either going to need you to move down to the end or whisper. Oh, no problem.

[00:45:28]>> All right, defense, it's your motion.

[00:45:30]>> Uh, judge, um, we filed the speedy trial motion on this case due to what I feel is excessive delay. Uh, my client's been incarcerated uh, since 2019.

[00:45:42]Uh, this previous Tuesday was the 14th trial setting. Uh there's been no motions for continuence filed by the defense um ever on this case. I I I pulled the record of all the settings.

[00:45:56]The only motion for continuence was filed by the state um back in well there was one in 2021 was the state's motion for continuence um based upon discovery issues. Uh, and the discovery issue, if the court recalls, was an issue about uh, the state uh, saying that there was cell phone mapping data that had been sent off to the FBI that my expert needed to review in order to make a determination whether or not the evidence the state was uh, alleging about location tracking was valid. So, uh it unfortunately it turned out that we came back in um 2022 and uh this is I think the September 27th, 2022 and Ryan Gmer who was the the first chair at that time informed myself and the court that in fact the cell phone mapping data had not been sent off uh and there was an agreement that there would be no attempt have to use any cell phone uh mapping or tracking evidence.

[00:47:03]So, there was a over a year's worth of delay while we were waiting for evidence that had never been submitted to the FBI and is not being made made part of the trial. So, my client of course uh we had had a previous uh speedy trial motion. We had requested bond reduction before and I understand the court's concern about the nature of the offense. Well, with regards to the uh bond reduction, we'll address that in >> my entire point is the cause for the delay on this case has not been the defense. The cause for delay on this case for over a year was the state uh not providing evidence and then turning out the evidence was not actually submitted. Um, and so my client is, and I understand the issues with COVID, and we all dealt with the the Zoom hearings and things like that, but even after CO, we've had delay based upon uh evidence that was not submitted or evidence that was that was um not I wouldn't say turned over because it turned out the state didn't have the evidence either and was never requested. So, my client suffered through an extra year of incarceration based upon uh procedural issues with the DA's office. Uh, and it's unfair to him that he should be stuck sitting in jail all this time uh based upon uh issues with discovery within the DA's office.

[00:48:30]Like I said, this is a 14th trial setting. uh when we were here on Tuesday, uh the defense other than when we were waiting for the dis the discovery has been ready uh and I've been ready on on every other setting, but every time we show up, another another case goes. Even cases like this week, the case that went to trial was a defendant who had half the time incar of incarceration that my client did. Uh we I I I announced ready for trial. uh and I have been ready for trial other than waiting for the FBI mapping data ever since. So I'd ask the court uh to uh dismiss the case based upon lack of speedy trial. Uh I don't think um the way that my client has been treated uh procedurally uh is fair to him. He's been incarcerated for almost four years.

[00:49:23]Uh and I think uh he the case should be dismissed uh or called to trial right away.

[00:49:31]>> All right. Uh state >> your honor, for the court's consideration, I have uh the case of Drau versus State. Uh it's 96 Southwest 3rd 308.

[00:49:47]I've previously tendered a copy of this case to the defense. Uh in that case, your honor, there was a similar delay of about three and a half years and that uh the court in that case analyzed uh the the normal barker factors in considering the motion to dismiss for lack of speedy trial. U with regards to the the first marker factor, the length of the delay, um obviously there has been more than the presumptive eightmonth uh window for this case. So because of that, we're moving on to the remaining three factors in the analysis.

[00:50:22]uh for the reason for the delay judge.

[00:50:25]The second barker factor uh the mere passage of time um under United States versus spoon hunter mere passage of time itself has not constituted denial of the right to a speedy trial. Uh in this case and most significantly there was no u bad faith or no intention by the state to deny the defendant his right to a speedy trial.

[00:50:50]Uh the state has only requested in in the entire duration of this case state has requested one continuence as opposing council mentioned for a discovery issue that came up and also as opposing council mentioned there was a pandemic right we have a once in a-lifetime event that occurred during the pendency of this case during which time the courts and the courthouse were shut down for going on a year close to two years at some point u during which time a trial just would not have possible because there were no jurors being brought in to particular cases.

[00:51:25]In regards to the third bar factor, the assertion of the right to a speedy trial, the defense, as far as I can tell from the uh record, first knew for a right to I believe the first the arrest in this case was July 29th of 2019. I believe the first assertion of a speedy trial was in June uh June 11th of 2021 and of course that was during the middle of the pandemic where a speedy trial could not have been granted because jurors were not being brought into the courthouse.

[00:52:00]With regards to the uh leng I'm sorry with regards to the I don't believe defense has articulated any specific prejudice um other than the length of the delay in this case. Uh but uh at the very least that would weigh against the defendant for for not articulating particularized prejudice.

[00:52:23]Um we believe that the assertion of the right to a speedy trial also weighs against the defendant because he did wait so long before first asserting his right and also his lack of persist persistence in asserting his right to a speedy trial. Uh the next assertion of his right I believe was about a year a little less than a year after his first assertion. Uh and in Dragu uh the court did note that um sorry I don't find it uh did indicate that the lack of a timely demand for a speedy trial indicates that he did not really want a speedy trial and also furthermore that he was not prejudiced by the lack of one. the inaction of the defense uh weighs against the the delay being a violation of a regular speedy trial u to distinguish drug from this case your honor uh in drag there was no reason offered by the state for the delay which uh the the court held uh does not indicate or or does not significantly weigh against the state.

[00:53:41]Um in this case, we do have a reason for the delay, your honor. Again, we had a two-year pandemic um that essentially backlogged the entire system. Um so, we have a reason for the delay, which I believe would indicate that factor should not weigh for or against either party. um as a result um and just to address um defense council's last point I don't believe he raises this motion but in moving to dismiss the case for a lack of speedy trial u there is case law that indicates that an assertion that a case should be dismissed um weighs less heavily uh against the state in that the defendant does not actually seem to want a speed of trial and he seems to want his case dismissed so for those reasons you're under arresting the for to deny the motion u and to um uh to to deny the motion to dismiss for lack of a speedy trial.

[00:54:35]>> May I respond?

[00:54:36]>> Yes. So, judge uh as far as the issue about assertion of a right to speedy trial. We did it during the middle of the pandemic. Then if I I'd like the court to take notice of the state's motion for continuence that was filed um for discovery issues. And that was when the issue was raised about cell phone mapping data.

[00:54:55]>> It had not been turned over to me. That was back in >> June 14th uh >> 2021.

[00:55:01]>> That Yeah, that was my motion. That was my speedy trial motion. Correct.

[00:55:04]>> Uh no, that was the state's motion for continuence.

[00:55:08]>> Yeah. Okay, that's correct. And and then in September 7th, September 27th of 2022, uh we had a hearing which Mr. Groomer informed the court and informed myself that in fact the cell phone mapping data had never been sent off to the FBI. So the evidence that I had been waiting on that I was supposed to rely on for my trial that I had an expert prepared to review never existed in the first place.

[00:55:31]So, if your court know looks at the timeline, we're talking about 13 months roughly where we were waiting for data that the state said uh they had that they were going to get to me that never existed. And of course, had we known that at the time, we could have tried the case back then. As far as any sort of harm to my client, I I would uh I apologize for not articulating the fact that he's been in jail for now 1292 days. I think that would articulate his harm. uh the fact that he's been held in jail all this time, particularly when over a year of that uh delay is based upon um uh error in the DA's office as far as evidence it was supposed to be turned over. So, and if uh the state's argument is, you know, during the, you know, the pandemic, I understand that, but subsequent to the pandemic, when the courts opened back up, we had a large period of delay waiting for evidence that the state uh said they had that they were going to get to me that that never existed. Um, and then, uh, I've been ready for trial every single time since then. I'm ready for trial now. I was ready for trial on Tuesday. uh the the entire issue is the we keep coming to court for trial and other cases keep going even cases that are not as old as as my client. So there's no attempt to avoid trial I've been ready but I think based upon the undue delay uh my clients entitled to a dismissal and judge if I could very briefly respond because you brought up a point that is actually covered by Drau.

[00:57:08]>> Yes. Uh in Drau, the defendant failed to assert his or he claims that he failed to assert his right to a speedy trial because he was waiting on a dismissal by the state or uh essentially the state had apparently promised to dismiss the case at issue in Drau if um there was a final conviction in in a separate case that the defendant was charged with u and they're asserting that that was the reason for the lack of assertion speed trial. Right? We've got a similar situation here in which the defense is saying that they're not asserting the right to a speedy trial because they were waiting on discovery.

[00:57:41]The court did not find that persuasive and dragging. Um so the reliance u if there was any um was in the court's view u the appellant quietly acquiescing to the delay.

[00:57:56]>> Just one second. Isn't it slightly different I than the defense waiting for a dismissal as opposed to the defense that's waiting for discovery that may or may not be exculpatory.

[00:58:09]>> Sure. Yes. It is a different judge. I was just pointing out that it was analogous if they're waiting on something from the state.

[00:58:16]>> They still have an obligation to assert the right to a speed trial if that's what they're seeking.

[00:58:20]>> But they were waiting on discovery. my understanding and I remember distinctly they were waiting on discovery from the FBI with regards to some sort of GPS mapping and I remember I think the waiting or the the request for discovery started with um ADA Nesbbit >> correct >> and then it went to ADA Groomer >> correct >> and and council just address your issue of other cases going before him some of the cases that went to jury trial before him was because they were already set for trial because we were waiting on this mapping thing. And Mr. Gooseman, I want you to understand when there are other cases that may not be as old as yours and they're going before you, it's because everybody knew that there they were set on this specific date. So, they already some of them already had their setting while we were waiting on this FBI mapping.

[00:59:18]>> Judge, if I can respond. Uh so subsequent to uh uh us being informed back in September of last year that there in fact was no cell phone mapping data, we've had several settings we've been ready on. Uh and to say waiting on a dismissal is the same thing as saying waiting on on evidence that may be exculpatory I think is a nonsensical argument. my I can't proceed on a ca if I'm told there is cell phone mapping data that the state intends to rely upon at trial uh that may prove either I could prove exculpatory then of course I've got a way for it I've got to see what's there so that delay took if you look at the the the the calendar from the time the the motion for continuance by the state was filed to the time we had the hearing where Mr. groomer informed us there was no mapping data was over a year. So that shouldn't to say that I should have argued for a speedy trial because the state hadn't provided evidence I I I I don't think makes any sense and doesn't track to the to uh the argument from the dragon case at all. The state was in control of the evidence. I had to wait for the evidence to make sure that I protected my client's rights. Uh and then once the state informed us there wasn't any evidence then I was ready for trial. Uh and so uh the the delay or to argue that uh I should have filed a speedy trial motion while I was waiting for you know evidence that was potentially exculpatory I don't think bears any merit.

[01:00:51]>> Okay.

[01:00:53]All right. So um with regards to the motion to dismiss for a speedy trial that will be denied. What I am going to do is um place this on the docket and regardless of whatever is set, this will be the ta case that will go. So, have both parties had a chance to confer on a date?

[01:01:17]>> I think we have dueling dates.

[01:01:19]>> All right. So, what date are you requesting defense?

[01:01:25]>> I'm requesting March 20th or I'm sorry, March 21st. But your dockets are Tuesdays, right?

[01:01:30]>> Yes.

[01:01:33]And let me see.

[01:01:41]You're you're requesting March 21st.

[01:01:44]>> 21st.

[01:01:45]>> And stay. What are you requesting, >> Judge? We're asking for April 3rd. U if the court isn't inclined to reset it that far, we'd ask for March 27th.

[01:01:53]>> All right. And I'm assuming the reason why the state is asking for the week of March 27th is because that's criminal trial divisions week.

[01:02:02]>> Sorry.

[01:02:04]>> Yes, you're on.

[01:02:05]>> All right. So, >> family violence is the week of the 27th.

[01:02:10]>> Okay. And I'm in I'm in Lee County on the 28th district. That's what I asked to do the 21st. So, we would ask April.

[01:02:19]>> Good Friday.

[01:02:21]>> Ah, that's true. So, here's my question.

[01:02:24]The week of March 20th, is a murder case already set on that day or something else that's set?

[01:02:34]>> All right. So, a murder is already set for that week, Mr. M.

[01:02:39]>> Yeah.

[01:02:43]>> You're you're trying to see, right?

[01:02:45]>> I'm gonna go.

[01:02:46]>> Here's the thing, Mr. Guzman. I don't want to bring you back on March 21st if there's a murder case that is definitely going to go that day. And so all the trials that are set, we have several mur murders that are set that that day. So if we move it to um the week of April 3rd, uh we will definitely be going the week of April 3rd. So I >> I guess my concern is with Friday being Good Friday, um we can do jury, what we can do is we can do jury selection and jury selection would happen on April 4th and then everyone can start their testimony and then uh I can have the jury come back that Monday. So the fact that it's Good Friday is not going to be a problem. And when we uh vate a jury, we can just see who's going to be out of town and you all can take that in consideration in selection.

[01:03:44]>> Uh I would still request the the earliest court date possible just based on the the amount of delay on this case.

[01:03:51]>> All right. So, Mr. Mar, I understand what you're you're saying, but I'm going to move it to um April 3rd will be the day that you all will come in to make sure that all if there are any other motions that need to be heard, but um Mr. Guzman, your actual jury trial and jury selections um happen on April 4th.

[01:04:10]And Miss Ferskin, because that is the week of Good Friday, can you make sure that we've already put our notice in that we're going to need jurors here on April 4th?

[01:04:18]>> Judge, the jurors are going to be downstairs from now on the news that we can >> Well, but still, I understand, but make sure that there are jurors there on April 4th. That's what I want to make sure. I understand that they're doing this thing where we can order jurors whenever, but sometimes that doesn't happen. Tell them that the 187th needs a panel on April 4th. I don't want us to like not have a panel available to us.

[01:04:44]>> I will contact them right now.

[01:04:45]>> All right. Thank you. So, we're going to make sure that we have a panel.

[01:04:47]>> Okay, Judge. The other issue I wanted to raise was um on my client's been incarcerated.

[01:04:53]>> We're gonna get to that. Let's let's do this first so that everybody know where we are. So, you're going to be brought over on April 3rd. On April 3rd, any motions that anyone has um that needs to be heard um we'll hear it on that day. Are there any other motions? I'm assuming there is no motion to suppress or anything because those are usually carried with.

[01:05:22]You won't be brought over dress for trial on that day. It's just to make sure that everyone has everything that they need. Um then you'll need on April 4th, you'll be brought over dressed for trial. You'll be dressed for trial in whatever clothing, civilian clothing you have at the Bear County Jail. If if it's something else that you'd rather be tired in, you'll need to speak to your attorney and they'll need to do a clothing exchange and you'll have to f sign um documents for the clothing exchange. Counselor, if there's an issue with clothing exchange, please let us know on April 3rd, make sure that that happens. All right. So, the next issue we have, sorry, judge, just um for clarification, we're starting testimony on the 5th then, right?

[01:06:04]>> Yes.

[01:06:05]>> Okay. Thanks, Judge.

[01:06:07]>> You're you're welcome. So, uh, let me put this on the calendar.

[01:06:16]So, because of all the issues, and I already know that you want a trial, but I'll make April 3rd the plea deadline date and the jury trial date just because of all the issues that we've been having. All right. So, then the next issue we need to take up is uh this bond issue defense has filed.

[01:06:35]Have you all had a chance to review um the application for a writ?

[01:06:40]>> Yes, sir.

[01:06:41]>> All right. State, are you ready to proceed?

[01:06:43]>> Yes, ma'am.

[01:06:44]>> All right. Uh defense >> judge. Uh my my request is that my client be granted a PR bond. I know it's unusual on these cases, but based upon the extreme amount of incar or length of incarceration, u I think it would be appropriate to grant him a PR bond. the the court can set full house arrest from GPS. Uh I just think uh he should be entitled to that. Uh there's been extensive delay on this case and I think in in all fairness, I think he he should be granted a PR bond. All right.

[01:07:18]>> If not, I'd ask the court to reduce the bond uh to the lowest amount possible.

[01:07:23]>> All right. The PR bond will be uh denied. State and defense, have you all had a chance to discuss with regards to a bond reduction?

[01:07:31]I defer.

[01:07:32]>> I just think I I I doubt we'll come to an agreement because >> if you all will confer to see if you all can come to an agreement on a um bond reduction. If you can't come to an agreement, of course, I will set a bond.

[01:07:45]>> Uh but just talk to each other.

[01:07:48]>> Okay. And uh briefly what I uh um on the the hearing we have with Ryan's rumor concerning the cell phone mapping data, the court uh made an uh an order at that time excluding mention of cell phone uh location and tracking evidence.

[01:08:07]>> Yes. So I'd like to see if I can get a copy of that just to make sure it's on the record. Uh so we can raise our motions and limit or put on motions and limiting at the time of trial. It should be on the record, but that would be with Brena Deamas. And I believe that was something that was requested by the defense because the state had um data that was supposedly sent to the FBI, but then my understanding is that no one sent it to the FBI.

[01:08:40]So there there will not be mention of cell phone mapping data because there is no cell phone mapping data >> and judge. I think the court actually excluded all mentions of any lo location tracking or anything else because without the mapping data cell phone location uh evidence uh is irrelevant. So that should be part of the the the hearing and I think Ryan u uh conceded to that. Uh, so I'd like to see if we can get a copy of the transcript just to make sure we're specific as far as what the state conceded to. I don't know how to go about where I'm >> Well, we'll we'll contact Miss Deamas.

[01:09:16]But, uh, as far as the courts is concerned, there is no mapping data.

[01:09:23]>> Correct. State.

[01:09:25]>> Sure, Judge. As far as I know, are the states aware there's no mapping data. So then there is no uh pinging of towers testimony that is going to be before the jury. I think that would be unfair to the defense because they've been waiting for mapping data and none has been forthcoming.

[01:09:45]Uh but we can um I think the under the state understands the court's ruling, but uh council if you still would like to find the um we can get in touch with the former court reporter, Mr. Martin. and find the exact >> I'd like to just because I I I think the the specific conversation was it was going to preclude any detectives or or or any witnesses for the state from mentioning location tracking or location cell phone evidence because without uh that was the entire issue with that my expert said without mapping data it's irrelevant and I don't want and we talked about not making sure nobody got up there and said well we have tracking stuff on cell phones since in fact there is no evidence to corroborate it.

[01:10:34]>> All right. State >> um judge I I guess I don't know what the specifics of the agreement were with the prior prosecutors.

[01:10:42]I we don't intend to get into the cell phone mapping data unless the defense somehow opens the door to it.

[01:10:47]>> All right. And no issue that there was any type of tracking.

[01:10:51]The only thing I can think of, judge, and I don't know whether a cell phone extraction exists for this case, but if there was a cell phone extraction, the cell phone may have location data of places that he has visited, which wouldn't be a mapping issue. It just it would have the coordinates that the extractor could testify to.

[01:11:09]>> That's the exact issue that my expert talked about because without the mapping data, th that evidence is irrelevant. Uh and so that was the entire issue that we that we raised on that hearing.

[01:11:19]>> All right, this is what we'll do. that that's not a cell phone.

[01:11:23]>> This is what we're going to do because the whole issue of this is what the previous prose prosecutor agreed to and based upon that agreement what the court ordered. So, we would get in touch with uh court reporter Deos and have her uh pull the record on the issue of tracking and mapping data and say if that is what the previous prosecutor agreed to and the court ordered, then that's what's going to be agreed to and order.

[01:11:51]>> Sure.

[01:11:51]>> So, we'll have her pull that.

[01:11:53]>> All right. Thank you, judge.

[01:11:54]>> Is there anything else? Uh you are going to confer.

[01:11:57]>> Okay. Thank you.

[01:11:59]>> All right. We're back on the record in Guzman. Uh, defense, what uh bond amount are you requesting? The court has denied your application or your requests for a PR bond.

[01:12:08]>> Judge, I request a $25,000 bond.

[01:12:11]>> All right. State, what are you requesting?

[01:12:13]>> Uh, we're requesting the current bond. I think there's currently a $125,000 bond.

[01:12:19]We're requesting the court to keep that in place in consideration not only of the nature of this offense, but also the fact that Mr. Guzman is charged with, I believe, uh, six felony cases from four different states.

[01:12:34]Uh, and four four of those charges are violent offenses, aggravated assault, or the murder that we today.

[01:12:43]>> All right. And what are those cases and what are the dates? Uh the cases are 2019 CR11 945 which is an aggravated assault with a deadly weapon from May 26th of 2019.

[01:12:58]Then 2019 CR 11418 which is an aggravated assault with a deadly weapon from June 24th of 2019.

[01:13:09]And then from the day of the murder um he is also charged with aggravated assault with a deadly weapon. um that that's July 29th of 2019 in cause number 209 CR10922 and then subsequently murder uh we had a case of felon possession of a firearm as well as possession of a controlled substance penalty group one one to four grams uh from July 30th 2019 the day after the murder and that was in cause numbers 2019 CR1 11419 and uh 11420.

[01:13:51]>> All right. And uh it's your motion. So I'll give you final.

[01:13:54]>> Uh I understand the the the issue with the other cases I I still think based upon uh the issues we've been dealing with the $25,000 bond is appropriate with whatever conditions the court feels is appropriate. And I'd asked the court uh I should have had my my office file the same motion on the egg assault out of the same transaction to set the the same bond amount.

[01:14:16]>> All right. And which aggravated assault is?

[01:14:18]>> Uh the the last one that Jason read the one from July 29th, 2019.

[01:14:22]>> What's that cause number?

[01:14:23]>> 2019 CR10922.

[01:14:27]>> All right. Any objection to the defense's oral motion to uh reduce bond on 2019 CR10922?

[01:14:35]Yes. Will you object to that bond reduction for the same reasons? Judge.

[01:14:38]>> All right. No, but do you have any objection to uh council presenting that motion orally?

[01:14:43]>> Oh, no. That's fine.

[01:14:44]>> Okay. But uh you're rejecting to his oral uh motion for the same reasons?

[01:14:50]>> Yes, sir.

[01:14:50]>> Okay. All right. Court will um deny the motion for bond reduction. You will be here on April 3rd and your case will go for jury trial on April 4th. All >> right. Thank you, judge.

[01:15:03]>> All right. Thank you. Judge Boyd denied the speedy trial dismissal, but she also made it clear the case could not keep drifting through the system. The defense argued that Guzman had been jailed for years while waiting on FBI cell phone mapping data that allegedly never existed, while the state pointed to the pandemic, prior settings, and the seriousness of the charges. Even with those concerns, the court refused to reduce bond, citing the murder case and several other felony charges, including aggravated assaults and drugrelated cases. In the end, Judge Boyd set the case for jury trial, meaning after years of delays, the courtroom battle is finally being forced forward.