5/18/26 Judge McBurney misc calendars

Added: 2026-05-23

[00:00:45][clears throat] >> All right. Um, let's get on the record in our civil matter. This is 2023 CV 387662.

[00:01:06]Um, in the style of the case is State of Georgia versus 4804 Kitty Hawk Drive. Um, we are here to work through how to close this out. Um, but first let's get the appearances for the parties and um, then I'm going to share with you all where I think we are and hopefully we can chart a course forward now that we're in 2026.

[00:01:32]Um, on behalf of the state?

[00:01:35]Yes, your honor. Grant Reed from the Fulton County District Attorney's Office on behalf of the state.

[00:01:41]Good morning, Mr. Reed. On behalf of Sandy Springs?

[00:01:45]Dan Lee, your honor. Hello, Mr. Lee.

[00:01:47]Good here. And now on behalf of King Ora?

[00:01:50]Yes, your honor. Steve Flynn, Troutman Pepper Law. Good morning, Mr. Flynn.

[00:01:54]Morning, bro. So, here's what I'm remembering about this case. Um there was I can't remember if it was a grow house or a drug house, but there was a house associated with criminal activity um on Kitty Hawk Drive. Um the state through the district attorney's office did all the forfeiture stuff that caused the property to be forfeited. It's in Sandy Springs. It's a Sandy Springs property. There was a parallel proceeding whereby Sandy Springs got the structure demolished because the structure, the house, was a deemed a nuisance in municipal court.

[00:02:30]Um the ultimate outcome of the superior court case was sell the property um so that the proceeds can flow where they need to flow with the biggest stakeholder in terms of financial connection being Pingora, which I think is the lender or at least the holder of the mortgage. And where we've gotten stuck is that my order said that Pingora should receive the payoff amount, but it didn't have a dollar amount in there.

[00:03:00]Sandy Springs wants to recoup the cost of the demolition, etc. And there's funds if there are excess funds that would flow to law enforcement, etc. The natural um trickle down of forfeiture proceeds.

[00:03:15]Um but we ran into this obstacle whereby um and this precedes Mr. Flynn's involvement. So, I'm not attributing this to anyone in the room, but as I read the record, Pingora said, "Here's what you got to give us." And Sandy Springs said, "That That number doesn't add up. You need to give us some documentation showing us that the payoff amount is this figure." And Pingora in effect said, "The court said we go first. The payoff amount has to be paid from the proceeds, and we're telling you this is the payoff amount." And Sandy Springs doesn't have um uh standing to challenge it. Um and by not selling the property, they're potentially in contempt because the judge said sell the property so that we, Pingora, can collect the payoff amount.

[00:04:01]And there was a back and forth, back and forth, just show us that if you can document that it's $500,000, then it's $500,000. And that may mean that there's not a whole lot out there close to Sandy Springs.

[00:04:11]And there wasn't ever documentation that met Sandy Springs, um, expectations. Um, and that prompted Pingora under different representation to file this motion for contempt. Um, what I'd like to do, of course, is have the lawyers here fill in any blanks that I'm missing. I know Mr. Flynn, on behalf of Pingora, has filed some documents that maybe are, at long last, the type of documentation Sandy Springs wanted to see. But I'll add this, um, my order did not say, um, and Sandy Springs is entitled to press Pingora a little bit for some proof of what the payoff amount is, but it didn't need to say Pingora don't get to rip Sandy Springs off. They need to prove this is what they're owed. And they are 100% entitled to what they're owed. If the mortgage is X and there's accrued interest, etc., um, they get that. But it didn't mean that they could just hand a number to Sandy Springs and Sandy Springs had to accept it. Or that the state had to. I haven't mentioned much about the state, but I think the tension was between Sandy Springs, which was the, I'm going to call it, entity that would be doing the sale. And a sale had been lined up.

[00:05:25]There was a buyer, but that buyer became reluctant when there was this unresolved payoff amount and wasn't interested in saying, "Sure, I'll buy it, but it may be that, um, I end up, as the buyer, owing Pingora something." I mean, that that's not a deal anyone wants to make.

[00:05:41]So, um, >> [clears throat] >> I'm going to start with Mr. Roode and work my way across the room, um, to let you add what you want to add. And then Mr. Flynn, it really is your hearing because it was the motion for contempt that you didn't file, but your predecessor did. And it may be that you all are here to say, "Hey, we've sorted it out." But I wanted to at least get the the setting in place. Yes, your honor. That setting sounds pretty much accurate, better than I could say. Now, let Mr. Lee and Mr. Flynn fill you on developments that have come up recently.

[00:06:14]One question for you, Mr. Roode.

[00:06:17]Your connection to this is just to ensure if there's money left over after Pingora is made whole and the city is made whole for the demolition lien costs, etc. If there's something left over, it goes those usual channels of to Sandy Springs police and and the DA's advertising fund and all the whatever they're called.

[00:06:39]There there are number of statutory entitlements for your office and for the law enforcement agency involved. Yes, so after the pool, after Pingora is paid, after Sandy Springs is paid for the demolition costs, after any court costs, any service costs are paid, then the city of Sandy Springs will receive 90% of that pool for law enforcement purposes. Okay. And the DA's office will receive 10% for prosecutorial purposes.

[00:07:05]Yeah. So, we're you know, like you alluded to, so we're at the end Yeah.

[00:07:10]You may get 47 cents, but that's more than zero. We'll take it. Okay. Good.

[00:07:15]Got it.

[00:07:16]Mr. Lee, anything you want to add or should should we start with Mr. Flynn?

[00:07:21]Um you know what? I will quickly say that in the last uh 48 hours? 48 hours, we've got more cooperation out of Mr. Flynn than we had in the previous 3 years. And we've discussed a resolution of this matter and I'm going to let him we we agreed that he would go first since it's it's his hearing, but your your analysis is spot on.

[00:07:47]And um we we just wanted some clarification. We felt the duty to make make certain that the number was uh clear. Okay, got it. Mr. Flynn, you ride in on the white horse and things are resolved. I know it always worked that way for Trautmann, but um why don't you get us all up to date? Your Your Honor, can I use the podium? Please, however you want to do it. As long as the court reporter can hear you. And then my other question, does Your Honor need hard copies of the exhibits that I sent? I don't think so. I've got them on the screen here. Um if you want them to be made part of a record because you want ultimately something to be paid for on a transcript and something going in the docket, your client can decide that.

[00:08:26]Then >> think that's necessary. you'll want to get hard copies to the court reporter, but I'm good looking on the screen. Yes, Your Honor. Thank you. Uh Your Honor, Steve Flynn for Pingora. So, Mr. Lee and I have been discussing this uh both on Friday and earlier before we came to court today.

[00:08:40]And we are now in agreement on I would consider the vast majority of what's owed here. Um Mr. Lee has made a proposal and and he's agreed that I can put this on the record. Um he is proposing that of our total payoff amount, we agree to waive the last two force-placed insurance premiums, which total $6,715.

[00:09:07]He's also asked us to waive $9,904 or excuse me, he's asked us to waive the corporate advance of $3,190.99.06.

[00:09:17]What's a corporate advance? Yes, so corporate advances consist of things like foreclosure attorney fees and costs for a foreclosure that was ultimately aborted. Um I don't have the exact reason why. My suspicion is that it was because of a bankruptcy filing in the Central District of California. That's my own independent research. A bankruptcy filing for the the borrower.

[00:09:40]>> Ben Jims, yes.

[00:09:41]>> Yes. Okay. Um, but that is my speculation, your honor. And I can fill that in. So, um, we we filed after receiving notice, um, the same Springs wanted to forfeit the house.

[00:09:52]Um, we received notice. We filed our forfeiture action. Contemporaneous with that, we filed a lien so that the house would not be sold um, in any sort of proceeding. Then, while reviewing various documents, I saw that there was foreclosure proceeding, um, started after we had filed the lien, after we had filed the forfeiture action, which is when I notified the bankruptcy attorneys, "Hey, we have this going on."

[00:10:15]So, Okay.

[00:10:16]>> that's what happened. Got it.

[00:10:18]Okay. So, that is the full story, your honor. Thank Thank you, Mr. Root.

[00:10:22]Um, and and so, your honor, Mr. Lee has proposed to me that we waive a total of $9,914.06 from our total payoff amount. Uh, he has informed me that the closing of this property is scheduled to go forward on May the 28th of this year, which is next week, as we know. Um, I've let Mr. Lee know, and I'll tell the court know, I don't yet have authority to agree to his proposal, um, but I have passed it along and and hopefully we'll have a response soon. Um, this is a Fannie Mae loan as well, so they will be involved in that decision.

[00:10:57]Um, but to answer your honor's question, the the corporate advance question consists of those foreclosure fees and cost, um, that was compilation exhibit nine that I sent to the court.

[00:11:10]>> Okay. Um, the only, uh, cost that I wasn't able to locate the actual invoice for was a $66 property inspection fee.

[00:11:19]Um, but the rest of the just those numbers should add up to our corporate advance figure of $3,199.06.

[00:11:26]Okay. Um, and then, uh, the The figure were force-placed insurance premiums that I will tell the court were paid. Uh, Mr. Lee is contesting the necessity of those given that the property was demolished on May 16th, 2024. Right. When you say force-placed, that that's not the vendor, the insurance provider, that's that there must be insurance pursuant to the terms of the loan? Correct. So, you in a typical situation, the borrower is able to shop for their own property insurance, State Farm, whomever, right?

[00:12:00]Uh when the borrower fails to maintain or provide adequate proof of insurance to the lender, then the lender is entitled to go and get what's called force-placed insurance, which is typically significantly more expensive than borrower, you know, on the market insurance. Um but that that's what happened here. And so, that's reflected in the escrow history, that's our exhibit six. Okay. Um And so, but the proposal on the table is that we waive that from the payoff amount, and the sale go forward, and everyone goes and on their merry way.

[00:12:32]So.

[00:12:34]Mr. Lee, you can stay right there, but Mr. Lee, I know there was a um [clears throat] a sale that was supposed to happen for just under $560,000.

[00:12:46]Is that still the the plan, or is it something different? The contract that we have, and thank goodness it's been extended to $650,000. $650,000. Okay. Um so, with that amount, um will there be money that flows to Sandy Springs after the assuming these negotiations play out well, um and and and Pingora agrees to waive what seems like a fairly nominal amount, Pingora gets paid off, and then is there still enough left that Sandy Springs demolition lien will get paid off?

[00:13:21]Yeah, the demolition of the property because of asbestos and and black mold was about 50 that was $50,000. So, in round numbers it's about $50,000 that the the DA's office and the city will share 90/10. Okay. So, Pingora will get paid off, the demolition costs will get paid off, and there'll be some money for Sandy Springs PD and the 10% to the District Attorney. Yes. Okay, great.

[00:13:50]Um, Mr. Flynn, was there more you wanted to add? Uh, no, I I don't think so, Your Honor. I mean, our mo- the well, say our the motion for contempt that was filed by my predecessor is is asking for the sale to go forward and for us to be paid uh, based on my discussions with Mr. Lee, the sale is going to go forward and it's my hope we can come to a resolution that will get us paid in full or at least uh, the number that we've discussed. So.

[00:14:16]>> Sure. Um. Yep.

[00:14:18]You've been on the case only a short amount of time. How um, promptly have you found your client to respond to your inquiries? Uh, quite prompt, Your Honor. Okay. So, you should know in the next few days if what you and Mr. Lee have negotiated meets with Pingora's approval. Yes. I have And it need to meet with Fannie Mae's approval, also? Yes, it does. But I But well, but I have that contact as well, Your Honor. Yes. Great. We were emailing about it last week, actually. So. Okay.

[00:14:53]Um, so it's my it's my hope that I can get a response to Mr. Lee and if necessary the court sooner rather than later so that this can get done.

[00:15:01]Yeah, I would like to um, hear so that I know it's going forward cuz if it's not, I assume we have to reconvene. I'm not quite sure what your client Pingora would want to do. I guess it would be to pivot back to the motion for contempt and spend more money to try to get a a bit of money. Um, but you'll work with them on that. I will, Judge.

[00:15:24]And and we'll see how it goes. But I I I would like, I guess, two things. One, an update. It's just an email to Ms. Niles.

[00:15:31]Um, obviously copying Mr. Roode and Mr. Lee. Um, yep, we've the agreement is inked, however you all are going to memorialize it. And then, for Mr. Lee, um, on the 28th or the 29th, the the sale went through. Um, and then I'll know we're I think we're done. Um, unless the city refuses to disburse things, but I don't think that'll happen.

[00:15:57]Mr. Lee? Could could we hurry him? Yeah.

[00:15:58]I I'm sorry. One more thing, Mr. Lee.

[00:16:00]Yeah.

[00:16:01]>> So, our our contingency that we've also discussed in the event for some reason that this doesn't happen is that the parties everyone here is in agreement that the sale funds can go into the court registry in the event we can't come to an agreement on the company. Okay. And I was going to propose that if, um, you hadn't arrived on the scene and people were still clashing over this, but I thought there was a a concern on the buyer's side. And and what the city had encountered was that the the sale couldn't go through. Sort of this frustration of being content, but we can't sell it. So, we sort out this because the buyer was reluctant to buy, complete the transaction not knowing what the payoff amount was.

[00:16:45]To put it more succinctly, you know, the the concern lies with the closing attorney, which it should, and it's a very [clears throat] good one.

[00:16:54]He immediately recognized that there was a This is what started the whole discussion. There was a discrepancy in the initial notice he got about what the payoff was going to be, and he asked for confirmation of it, and he got back something that indicated it was like $150,000 difference. That's what started the whole whole >> Okay. With the closing attorney. Yes.

[00:17:12]Yes, sir.

[00:17:13]So, go going forward, what what we'd like to agree to is that we agree that the either it's paid into the court or the closing attorney holds it in trust and and disperses it at the direction either at the consent order if if Pengor goes along with it just to make it easier not to have the funds in the registry to get them out of the registry. I'm as long as you and Mr. Flynn agree to it, I don't need to be in the middle of that.

[00:17:42]>> Agnostic on that, Ronald. Yeah. But I I advise, but uh the closing attorney wants something, and I don't blame him, from the court saying that's what we'll do. Sure. In the interim between now and and unless we can get an answer today and get an order over to you before the 28th, we we would like to have some sort of either temporary order, something that we can give the closing attorney to give the closing attorney and the buyer some security in their decision. Understood, and that benefits everyone cuz of course Pengor can't get the payoff. There's There's sitting on this. They're due a whole lot of money.

[00:18:22]Um uh so, if you all can agree on language, um just send me a proposed order, and I'm happy to sign that. Um that really is more of a band-aid for the closing attorney. Um it's not going to have a big impact here, and it sounds like um counsel for Pengor is neutral as to does the closing attorney hold it in escrow, does it go to the registry. So, if there's something that flows better for um Sandy Springs, structure it that way.

[00:18:50]If there's no objection from Pengor, um um send me in Word Send Ms. Niles in Word that order. Easy to do. Hopefully when Pengor wakes up on in Arizona, we can get a [clears throat] quick answer, maybe get something back today, and Okay. get past some comfort level for the buyer between uh later later today. Yep. Okay. Well, I'm around all week, so um it's not today, it can be tomorrow. They're in Denver, but yeah, we'll we'll get an answer for you.

[00:19:18]>> All right. They're to the west.

[00:19:21]Anything else, Mr. Flynn, on behalf of your client?

[00:19:24]No, your honor. I think I I see my role.

[00:19:26]I hope the court does as well as trying to get this over the line. So You're a closer. I appreciate it.

[00:19:32]I don't know what prompted the pivot, but we have made a lot more progress in the last couple business days. So I appreciate what you've been willing to do and engaging with Mr. Lee and Mr. Root.

[00:19:46]So I'll stay out of the way and I need those updates. So yes, we reached a deal and then that the sale went through and then it sounds like the one step I'll take is signing an order that meets with everyone's approval that just lets the closing attorney know where the money will go.

[00:20:09]I have a lot of moment of personal privilege about this.

[00:20:14]I want the court to know that the city takes very uh looks very hard at these orders and we trust in our reputation to follow what the court says and we're taken aback by this contempt action that was filed.

[00:20:29]Uh personally, I've been practicing law 40 years and never had one before. I was a little taken aback by it.

[00:20:36]Um my problem with that is overwhelmed by the conscientious nature in which my learning new opponent here has taken this thing up and and solved it.

[00:20:49]I just wanted to point that out to the court. Okay, balance has been restored.

[00:20:52]That's good.

[00:20:54]Mr. Root, anything else? I got it. All right.

[00:20:58]Well, um good luck.

[00:21:01]Thank you, your honor. Appreciate your time. You all should settle up with the court reporter.

[00:21:05]I don't know who um, invited her here, but we need to make sure uh um, she's taken care of and I will sit back and and wait for hopefully good news um, with the updates. Yes, sure. Okay. May I be excused? Yes. Thank you.

[00:21:23]Judge, if you could give me a moment.

[00:21:26]>> Yeah.

[00:21:26]I was told that our court reporter is in that our court reporter is in 8C.

[00:21:32]Okay, right next door.

[00:21:39]>> [clears throat] [laughter] [laughter] >> Mr. Williams, how's your wife doing?

[00:21:59]A little better?

[00:22:01]Are the police doing anything with this?

[00:22:09]Yeah.

[00:22:18]That's no good.

[00:22:44]Thank you, your honor. May I be excused?

[00:22:46]Same. Take care.

[00:23:00]>> I don't think they're just going to let me just let's go.

[00:23:07]So I hope But I thought it's supposed to close then you I think that's it. Oh, today?

[00:23:15]But not on the face Charles, you know, it's just Oh, wow.

[00:23:20]Yeah, they are.

[00:23:25]So I just I You think it's just that it we don't think it's probably I don't know. I just say I can't believe it's going to You did check?

[00:23:37]It's all It's It's me.

[00:23:40]These These rules the general it's That's how it is. But it's Mr. Williams, who's your compliance coordinator? Mr. Swint. Mr. Swint, thank you.

[00:24:00]Yes.

[00:24:02]Are you going to be here?

[00:24:14]Did you get paid then?

[00:24:17]Did you get paid?

[00:24:19]Did you get paid?

[00:24:33]That's good. That's good.

[00:24:34]They pay me $12 an hour here.

[00:24:37]From my old From my old primary care doctor. Uh-huh. Yes.

[00:24:43]I called the school and the school told you First block. They told me to come here on Friday.

[00:24:48]Go out with this girl again.

[00:24:50]She called me crazy.

[00:24:52]Like for someone else or it wasn't the right info? No, they gave it to somebody else. Yeah, the same name, but his middle name It Jake. Oh. And his birthday was 12/5/65.

[00:25:03]Jeez, so now you know all the gory details of someone else.

[00:25:08]All right. So I got a call back and go down there and pay what I need to. Okay. Wow, that's frustrating, but I'm glad they're willing to give it to you. It's just bad news they gave you someone else's stuff.

[00:25:26]Okay. And heading this way. We'll pivot.

[00:25:29]So it's too bad we couldn't just use the same courtroom.

[00:25:37]Okay. What is the second indictment? Are you Mr. Bailey?

[00:25:43]No. No.

[00:25:44]So Mr. Bailey didn't make it.

[00:25:49]Oh, okay, he was here.

[00:25:51]That might be missed. I thought that was Mr. Moton. I am. Oh. Yeah. I thought that was Mr. Moton. Yeah, we don't have Mr. Bailey. He didn't make it.

[00:25:59]Oh, Mr. Bailey is out there, too? Okay.

[00:26:01]All right. What is Mr. Bailey's other case?

[00:26:05]Oh, it's right here. The 2608.

[00:26:09]Yes. Okay, got it. I It's right there.

[00:26:11]And if I could hand you remote controls.

[00:26:14]Okay.

[00:26:22]Yeah.

[00:26:31]Are you Mr. Bailey?

[00:26:33]Yes. Great.

[00:26:40]Go.

[00:26:41]Good morning, Judge. Good morning. How are you? I'm sorry to be late. That's all right. Um it's been a confusing day.

[00:26:47]You were in a um different spot.

[00:26:50]Welcome to 8D.

[00:26:52]Yes.

[00:26:55]All right. Um Mr. Arnold, I guess is still outside.

[00:27:02]Okay.

[00:27:04]Well, court reporter's got to get set up. But, that'd be great if you grab him. There he is. All right.

[00:27:09]Um Ms. Davis Who are we doing Mr. Moten first? Or actually ask Mr. Arnold, are we doing Mr. Moten first or Mr. Bailey?

[00:27:20]I was looking at Mr. Bailey who's sitting in court. Wow.

[00:27:24]Mr. Mr. Bailey, uh Okay. Okay, everyone's here. We can do whichever order you want to do it.

[00:27:29]>> Wait, I'm doing Mr. Goolsby.

[00:27:31]Go ahead and make the announcement that Mr. Goolsby is here.

[00:27:34]Oh, you're Mr. Goolsby. Got it. Um I just signed it. Your case has been dismissed.

[00:27:40]Good day for you.

[00:27:42]All right.

[00:27:45]Hey, Mr. White.

[00:27:49]I believe my case was Well, did you have James Mitchell? Yes, James Mitchell's put in last week. That was taken [clears throat] care of. All right.

[00:27:59]Watch the closings.

[00:28:01]Essentially, do one thing.

[00:28:04]>> [laughter] >> All right.

[00:28:10]Oh, is he working with Ms. Charles on that? Oh. Oh, all right. Get down there.

[00:28:40]And Mr. Arnold Yes, ma'am. I have the indictments if you don't have them.

[00:28:44]>> Will you just be signed off right now?

[00:28:46]Oh, you have? Yes, we have.

[00:28:47]>> Okay.

[00:28:49]Thank you.

[00:29:03]You ready? Great.

[00:29:11]Got it. We'll do Mr. Moton.

[00:29:24]That's fine.

[00:29:33]>> [clears throat] >> No contest as in a nolo?

[00:29:49]Yes, your honor. It's a misdemeanor.

[00:29:50]Okay.

[00:29:52]All right. It's been reduced to a misdemeanor, Judge. I see.

[00:29:55]Well, let's get on the record. Um this is 23 SC 191 961 state versus is it pronounced Moton?

[00:30:06]Yes, sir. Rodney Moton. Mr. Moton is here in court with his lawyer, Mr. Arnold, and our prosecutor, Ms. Davis, is here. Mr. Moton, I'm Judge McBurney.

[00:30:16]I don't think we've ever met. Um I am covering for a judge who was covering for a judge, but we are all given the same authority to take pleas in what was originally a felony case. I know you're pleading to a misdemeanor.

[00:30:34]It was originally a felony burglary in the first degree.

[00:30:38]And it's my understanding that you're ready to go forward with that plea. Is that correct?

[00:30:42]All right. Um Ms. Davis is going to swear you in in just a moment. Once you are sworn in, it's important that you answer all her questions truthfully and completely.

[00:30:51]It's just as important that you let me or Mr. Arnold know if you've got any questions. I need to be comfortable that you understood everything we discussed.

[00:31:00]I bet you will, but I won't know um if you've got a question unless you you grab your attorney's shoulder or raise your hand or something like that, okay?

[00:31:09]Yes. All right. Make sure you speak up um so the court reporter can hear you when you're answering.

[00:31:14]Ms. Davis? Mr. Moten, please raise your right hand.

[00:31:18]Do you swear or affirm the testimony you will give in this matter before the court will be the whole truth and nothing but the truth? Yes. Okay, you can put your hand down. Please state your true, correct, and legal name.

[00:31:29]Rodney Moten.

[00:31:31]At this time, are you under the influence of any alcohol, drugs, or medication? No, ma'am. Is there any medicine that you normally take that you have not taken today?

[00:31:39]I took all of my uh blood pressure pills. High blood pressure and high cholesterol. Took those. That's the only medication you take?

[00:31:47]Um yes, for right now and my when my side start hurt from my cancer, I take the medication that they gave me.

[00:31:55]Got it. But your side's not hurting right now.

[00:31:57]>> No, but it will once I you know, start sitting and doing a lot of things. Okay.

[00:32:04]>> Plus hurting like if I walk too far or you know, it start hurting because my cancer is they say it's kind of coming back, so I got to watch my numbers, so Got it. I'm sorry to hear it's coming back. So today so far it's been blood pressure and cholesterol medicine. Yes, sir. When you take those medicines, do they make you sleepy or woozy or confused? No, not really. No, you feel like you know what we're doing?

[00:32:29]Yes, sir. Great.

[00:32:32]How old are you and how far have you gone in school?

[00:32:35]57, 12.

[00:32:38]Are you able to read, write, and understand the English language? Yes.

[00:32:42]Are you a United States citizen? Yes. Do you understand that you're charged with the following offense in indictment 23 SC 191961 and we have amended the burglary in the first degree charge to theft by taking.

[00:32:56]Are you aware of that? Yes. And that would be OCGA 16-8-12A.

[00:33:03]Do you understand that you have the right to plead either guilty or not guilty to these charges and if you plead not guilty or remain silent, you may receive a jury trial? Yes.

[00:33:12]Have you had enough time to speak with your lawyer, attorney Arnold, about all the facts and circumstances known to you in this indictment including any potential defenses? Yes. Do you need more time to discuss this case with your attorney? No. Are you satisfied with his services?

[00:33:25]>> Yes. Attorney Arnold, do you waive formal reading of this indictment and any and all defects therein for the purposes of this plea? Yes.

[00:33:34]Mr. Moton, do you remember being arrested on these charges?

[00:33:37]Yes. Your honor, the state's unaware of any outstanding warrants related to this matter. Attorney Arnold, are you aware of any outstanding warrants related to this case? No.

[00:33:46]Mr. Moton, has your attorney advised you of the minimum and maximum sentence for the charge to which you're pleading to today?

[00:33:52]Yes. The maximum sentence is 12 months.

[00:33:54]Do you understand that? Yes.

[00:33:56]Do you understand that today you're entering a negotiated plea of guilty which means uh or nolo, which means the state will make a recommendation to the court? Yes. Do you understand the court's not required to accept the state's recommended sentence? Yes. Do you understand the court has the right to sentence you to the maximum possible sentence for this charge?

[00:34:14]Yes.

[00:34:17]Do you understand if you're placed on probation of any kind, you cannot violate any criminal laws of any governmental unit or any special conditions of probation without being subject to revocation for the balance of the sentence? Yes.

[00:34:30]Do you understand that this plea may be used to enhance sentencing on other convictions in this jurisdiction as well as other jurisdictions including the federal courts?

[00:34:38]Yes.

[00:34:39]Do you understand if you're not a United States citizen, a guilty plea conviction will affect your immigration status and will result in deportation just like a conviction at a trial would, and that is true regardless of any advice by your attorney or anyone else?

[00:34:51]Yes.

[00:34:52]Do you understand that there may be other adverse or unfavorable consequences as a result of this plea conviction just as there would be from a conviction following a trial? Yes.

[00:35:01]For example, your guilty plea may affect the right to vote, to hold public office, to serve on a jury, to obtain a passport, to receive, possess, or transport a firearm, or the ability to obtain employment. Yes. Do you understand that you waive any and all defenses including any mental health defenses by entering a plea of guilty?

[00:35:17]Yes.

[00:35:18]Do you understand that by pleading to this, you're giving up the following rights: the right to a trial by jury, the right to remain silent and not incriminate yourself, the right to confront witnesses against you, the right to the assistance of counsel hired by you or to court-appointed counsel if you cannot afford an attorney at a trial of your case, the right to the presumption of innocence, the right to testify in your own behalf and to present other evidence, the right to subpoena witnesses and compel the production of evidence, the right to have the charges against you proved beyond a reasonable doubt, and the right to appeal if convicted of these charges after trial. Do you understand you're waiving all of those rights? Yes.

[00:35:52]Do you understand that you may have only a limited right to appeal this plea conviction?

[00:35:56]Yes.

[00:35:57]Do you understand that you do not have the right to appeal directly from your plea, but if you believe there is some error, you may you can apply to the appropriate appellate court to request a discretionary appeal. Discretionary appeal procedure is outlined in OCGA 5-6-35 and must be completed within 30 days of today. Yes. Do you understand that you have only 12 months from today for the misdemeanor charge to file a habeas corpus petition challenging the voluntariness of this plea? Yes.

[00:36:22]How do you plead to the charges in the indictment 23 SC 191-961 that by taking.

[00:36:29]No contest.

[00:36:30]Has anyone forced you, threatened you, or promised you anything to get you to enter this plea? No.

[00:36:34]Is your decision to waive these rights because you decided it's in your best interest to do so? Yes.

[00:36:40]Is this plea freely and voluntarily given with the full knowledge of the charges against you?

[00:36:44]Yes.

[00:36:45]Your Honor, the state believes that evidence would show that on January 4th, 2021, the officers with the Atlanta Police Department were dispatched to the incident location, which is 2125 Joseph E. Boone Boulevard Northwest in Atlanta in Fulton County, in regards to a larceny call. Officers there met with the victim, Mr. Constantine Foca, who reported that while he was in his office, he noticed that one of his tenants, the defendant, Mr. Rodney Moton, was inside his residential unit.

[00:37:13]The victim questioned whether the defendant was inside his unit, and he the defendant reported that he was waiting for a friend.

[00:37:20]The victim noticed the door to his unit was open and that several items were missing.

[00:37:24]Um, the victim and the defendant had a tenant-landlord relationship, and I believe it was like a wallet that was missing.

[00:37:33]I did speak with the victim. Um, he did feel like there was something else going on with Mr. Moton that day, and so he was comfortable with resolving this matter.

[00:37:44]Uh, the state is recommending 12 months to serve 6 months. The defendant spent, I believe, 176 days in total, so he has satisfied that time. The balance would be suspended. Nothing further. Um, and Mr. Moton does not have any felony convictions.

[00:38:01]There was an aggravated stalking arrest after this, which makes up about half of the 180 days.

[00:38:12]That case went nowhere as far as you know. As far as I know. It would be a different unit, but as far as I know. Okay.

[00:38:21]So, 12 serve 6 months balance suspended and credit for the time he's spent in.

[00:38:26]Correct. Understood. Okay.

[00:38:28]Um Are you with probation? DCS? Hi.

[00:38:32]Um do you have I know you're not pre-trial services, so your view into Mr. Moulton's possible criminal history is is different. Um but do you have any indication he's ever been on felony probation? No.

[00:38:46]He has not. Okay. Thank you. And you are officer Finney is. Finney is? Great. All right. Thanks for being here.

[00:38:54]Mr. Arnold.

[00:38:57]Yes. Yes, your honor.

[00:39:00]My [clears throat] um my my client was um in this landlord relationship based on a government contract. My client had gotten um a large subsidy from the government based on some disabilities.

[00:39:09]And that's um one of the reasons why um the the victim in this matter thought something was going on with Mr. Moulton.

[00:39:16]Um since that time they've had no other contact with each other. Based on this incident, um Mr. Moulton lost that subsidy. And so he was um he had to struggle for a while finding housing.

[00:39:26]Especially with this pending charge.

[00:39:28]That's one of the main reasons why this was such a burden on him. Um and so he's hoping by the resolution of this case today, he'll be able to get back on that subsidy. The court has always been already been made aware that he's still undergoing some serious medical issues.

[00:39:42]And he also has some additional family issues going on. So, he's asking the court to follow recommendation for that reason. And um as far as I know, they have had no other than that government subsidy, they've had no other no further contact since that this incident. Okay.

[00:39:56]Uh cuz that was going to be my question, Mr. Moulton. It sounds like you moved out of that Joseph E. Boone address.

[00:40:02]Well, the last judge told me don't ever go back to that property. Okay.

[00:40:07]>> went back or he said I go to that property, I come in front of him, I'll never get out of jail. So, I >> [laughter] >> I lost everything there.

[00:40:14]>> Okay.

[00:40:16]I lost over $5,000. He kept all my stuff.

[00:40:19]I couldn't get a hold of no cop to assist me to go get my property.

[00:40:24]>> collect your belongings.

[00:40:25]>> from 5,000. And then I lost my Section 8. And I lost my apartment. Now I can't get housing or nothing.

[00:40:31]Where are you staying now? My cousin. Is that the Irma Street address? Yes. Okay.

[00:40:37]Um are you able to stay there longer or does your cousin want you out? Well, you know, how cousins is, when they get tired of you, they tell you you have to go. But I've always been on my own. I've always had my own. So Okay.

[00:40:49]>> of put me Yeah. Well, this will close the case out. Is your plan to find your own place? Yes, sir. Um are you able This will not be a felony conviction. It's not even really a conviction. It's a nolo plea.

[00:41:03]Um are you hoping to get back into the Section 8 category?

[00:41:07]>> Yeah, but yeah, he called and told them a whole bunch of lies and everything, you know what I'm saying? That wasn't his his Yeah, yeah, yeah, this is to the stairway. Um the landlord also, because he it was required to him to report everything, he also made a record of it.

[00:41:21]So that's been a part of the issue of being recategorized in that category.

[00:41:26]Okay. All right. Well, Mr. Martin, I wish you the best moving forward, especially with your health challenges.

[00:41:32]Um keep seeking medical attention. I find there's a factual basis for your plea. I understand why it's a nolo plea.

[00:41:40]I'll accept it as a nolo plea. This also was something that happened 5 plus years ago. So it's good to move on.

[00:41:48]Um I find that your plea is knowing and voluntary. Knowing means you've understood the things we discussed. Any questions about anything? No, sir. I just need uh some kind of Yeah, any documentation that's So I could try to get back into Even I can get back to getting back into college now. Great.

[00:42:07]>> this is Yeah, I want to get back into the and and internet. You know what I'm saying?

[00:42:13]That's what I want to All right.

[00:42:15]Well, a lot of opportunities there. I hope you're able to do that. And and you're certainly young enough to start a new chapter. And Mr. Arnold can help you get all the final paperwork that will flow from today.

[00:42:28]Um Mr. Moton, I am holding the indictment in your case where it says no contest and it's been reduced to the misdemeanor. Did you sign this document?

[00:42:40]Yes. You did. Great. That indicates your plea in the case.

[00:42:44]I'm going to sentence you, Mr. Moton, to 5 months to serve on this misdemeanor, but you'll get credit for the time that you did serve.

[00:42:55]And that's it. That'll close the case out.

[00:42:57]Thank you. Okay.

[00:42:59]Ms. Davis, anything else in Mr. Moton's case? Nothing further from the state, Judge.

[00:43:04]>> All right. Don't run away quite yet. Mr. Arnold, anything else for Mr. Moton? No, your honor. I'll make all the all the additional paperwork he was asking for. I'll make available to him once the court is signed off. Sounds good. All right. Now you can run away.

[00:43:16]Thank y'all. Have a good See you.

[00:43:22]Deputy.

[00:43:23]I just want to let you know Mr. Williams, who's the gentleman seated sort of in the middle row there, he's going into custody. We don't have to do that right now. Do it when you want to. I'm getting the paperwork. I've reached out for that. It's a drug court sanction and rather than going in when we had drug court on Wednesday, it worked better for Mr. Williams to come in today.

[00:43:45]So, you and Mr. Williams can sort out now when we're done with the plea. We're going to take however you want to do it.

[00:44:04]Here Here go. All right. Ms. Davis, you ready? I'm Mr. Bailey. I am, Judge. All right.

[00:44:10]>> Mr. Bailey, please raise your right hand. Hold on one sec. Sorry. That's all right. Um So, let's get on the record in Mr. Bailey's two cases. It's and 25S C002608.

[00:44:28]Mr. Bailey, couple things. I'm Judge McBurney. Nice to meet you. I'm covering for another judge. Um You had been working with Mr. Horsley, I believe. Is that correct?

[00:44:39]>> Yes, sir. Mr. Arnold is his colleague.

[00:44:41]They are effectively law partners. Um and Mr. Arnold is 100% capable of handling these police in lieu of Mr. Horsley, who's in a trial, a murder trial that's going on down on the first floor. I just want to get on the record that you are comfortable going forward with Mr. Arnold as your advocate rather than Mr. Horsley. You good with that? No problem. Good. I am, too.

[00:45:04]Um Ms. Davis is going to put you under oath in just a moment. Um we're taking pleas on both your cases. I've got the indictments here. Um looks like they're both offered pleas. Look at that. Um and maybe there've been some changes to some of the counts. Um but Ms. Davis will get all that on the record. Um you need to let me know if at any point you've got questions about any things we're discussing. Will you do that?

[00:45:28]All right.

[00:45:30]Ms. Davis.

[00:45:31]Mr. Bailey, please raise your right hand.

[00:45:33]Do you swear or affirm that the testimony you will give in this matter before the court shall be the whole truth and nothing but the truth? Yes, ma'am. Okay.

[00:45:41]You can put your hand down. Please state your true, correct, and legal name.

[00:45:44]Harry Bailey. Can you spell your first name for the record? H A R R Y At this time, are you under the influence of any alcohol, drugs, or medication?

[00:45:54]No, ma'am.

[00:45:55]Is there any medication that you normally take that you have not taken today? No, ma'am.

[00:45:59]How old are you and how far have you gone in school?

[00:46:03]25 and I graduated high school.

[00:46:06]Are you able to read, write, and understand the English language? Yes, ma'am. Are you a United States citizen?

[00:46:11]Yes, ma'am.

[00:46:12]Do you understand that you're charged with the following offenses?

[00:46:15]An indictment 24 SC004286.

[00:46:19]Judge, we have reduced um possession of marijuana with the intent to distribute to simple possession.

[00:46:25]So, Mr. Bailey, are you aware that you're charged with possession with the um a possession of marijuana and possession of a firearm during certain felonies and um speeding?

[00:46:38]Yes, ma'am.

[00:46:39]And are you aware of indictment 25 SC002608?

[00:46:43]And Judge, we have reduced fleeing and attempting to elude to a misdemeanor, although the indictment does reflect a misdemeanor um cuz that's subsection A and reckless driving. Are you aware of that, Mr. Bailey? Yes, ma'am. Okay.

[00:46:56]Do you understand that you have the right to plead either guilty or not guilty to these charges? And if you plead not guilty or remain silent, you may receive a jury trial.

[00:47:04]Yes, ma'am.

[00:47:06]Have you had enough time to speak with your lawyers, both Mr. Arnold and Horsley, about all the facts and circumstances known to you regarding both indictments, including any potential defenses?

[00:47:16]Yes, ma'am. Do you Can I pause for 1 sec?

[00:47:19]Mr. Moton, you looking for something?

[00:47:21]Can I lift up the chair? Oh. Is there a hat we can get to Mr. Moton?

[00:47:25]>> is right on the chair.

[00:47:28]Thank you, Mr. Thank y'all. Sorry. No problem.

[00:47:34]All right, back at it.

[00:47:36]Mr. Bailey, do you need more time to discuss this case with your attorney?

[00:47:39]No, ma'am. Are you satisfied with their services? Yes, ma'am.

[00:47:44]Attorney Arnold, do you waive formal reading of both indictments, including any um defects therein for the purposes of this plea?

[00:47:51]Yes.

[00:47:53]Mr. Bailey, do you remember being arrested on these charges?

[00:47:56]Yes, ma'am.

[00:47:57]And are the state are unaware of any outstanding warrants related to these matters. Uh Attorney Arnold, are you aware of any outstanding warrants related to these cases? No.

[00:48:05]Mr. Bailey, has your attorney advised you of the minimum and maximum sentence for each charge to which you're pleading to today?

[00:48:11]Yes, ma'am.

[00:48:13]For possession of marijuana is a minimum of 1 year, a max of 10. For possession of a firearm during certain felonies is 5 years consecutive. For speeding is a max of 12 months. And for fleeing and attempting to elude and reckless driving is a maximum sentence of 12 months. Do you understand that? Yes, ma'am.

[00:48:29]Do you understand that today you're entering a negotiated plea of guilty, which means the state will make a recommendation to the court?

[00:48:35]Yes, ma'am.

[00:48:36]Do you understand the court is not required to accept the state's recommended sentence?

[00:48:40]Yes, ma'am. Do you understand the court has the right to sentence you to the maximum possible sentence on each charge?

[00:48:46]Yes, ma'am. Do you understand that there are multiple charges to which you're pleading guilty to today, and the court has the right to run those sentences consecutively, or one after the other?

[00:48:57]Yes, ma'am.

[00:49:00]Do you understand if you're placed on probation of any kind, you cannot violate any criminal laws of any governmental unit or any special conditions of probation without being subject to revocation for the balance of that sentence?

[00:49:11]Yes, ma'am. Do you understand that you're not allowed to possess or use a firearm while on probation?

[00:49:16]Yes, ma'am.

[00:49:20]Do you understand that this plea may be used to enhance sentencing on other convictions in this jurisdiction, as well as other jurisdictions, including the federal courts?

[00:49:29]Yes, ma'am.

[00:49:30]Do you understand if you're not a United States citizen, a guilty plea conviction will affect your immigration status and will result in deportation, just like a conviction at a trial would, and that is true regardless of any advice by your attorney or anyone else?

[00:49:43]Yes, ma'am.

[00:49:44]Do you understand that by pleading guilty to a felony, if you use, receive, possess, or transport a firearm, or use a firearm in a crime, you'll will guilty of a felony which may carry a sentence from 1 to 15 years in prison.

[00:49:56]Yes, ma'am.

[00:49:57]Do you understand there may be other adverse or unfavorable consequences as a result of this guilty plea conviction, just as there would be from a conviction following a trial?

[00:50:07]Yes, ma'am.

[00:50:07]For example, your guilty plea may affect the right to vote, to hold public office, to serve on a jury, to obtain a passport, to receive, possess, or transport a firearm, or the ability to obtain employment.

[00:50:20]Do you understand that you waive any defenses, including any mental health defenses, by entering this plea of guilty?

[00:50:26]Yes, ma'am.

[00:50:27]Do you understand that pleading guilty you're giving up the following rights?

[00:50:30]You're giving up the right to a trial by jury, the right to remain silent and not incriminate yourself, the right to confront witnesses against you, the right to the assistance of counsel hired by you or to court-appointed counsel if you cannot afford an attorney at a trial of your case, the right to the presumption of innocence, the right to testify on your own behalf and to present other evidence, the right to subpoena witnesses and compel the production of evidence, the right to have the charges against you proved beyond a reasonable doubt, and the right to appeal if convicted of these charges after a trial.

[00:51:02]Yes, ma'am.

[00:51:03]Do you understand that you may have only a limited right to appeal this guilty plea conviction?

[00:51:07]Yes, ma'am.

[00:51:08]Do you understand that you do not have the right to appeal directly from your guilty plea, but if you believe there is some error in your guilty plea, you can apply to the appropriate appellate court to request a discretionary appeal. The discretionary appeal procedure is outlined in OCGA 5-6-35 and must be completed within 30 days of today.

[00:51:28]Do you understand that you have only 4 years from today for the felony charge and 12 months from today for the misdemeanor charges to file a habeas corpus petition challenging the voluntariness of this guilty plea?

[00:51:38]Yes, ma'am.

[00:51:39]How do you plead to the charges in the indictment ending in 4286, possession of marijuana, possession of a firearm during certain felonies, and speeding.

[00:51:50]Guilty on all of them.

[00:51:52]How do you plead to the charges in indictment ending 2608, fleeing and attempting to elude, and reckless driving?

[00:51:59]Guilty on all of them.

[00:52:01]Has anyone forced you, threatened you, or promised you anything to get you to enter this guilty plea? No, ma'am.

[00:52:07]Are you pleading guilty because you've decided that it's in your best interest to do so? Yes, ma'am.

[00:52:11]Are you aware that even if you do not admit guilt, this is a plea of guilty and places you in the same position as if you were convicted by jury at a trial?

[00:52:19]Yes, ma'am.

[00:52:20]Is this guilty plea freely and voluntarily given with the full knowledge of the charges against you?

[00:52:25]Yes, ma'am.

[00:52:26]Your honor, the state believes the evidence would show in indictment ending in 4286 that on October 30th, 2022, officers with the Fairburn Police Department initiated a traffic stop on the defendant at West Campbellton Street and Golightly Street in Fairburn, Georgia in Fulton County.

[00:52:46]Uh that vehicle was being driven by the defendant, Mr. Corey Bailey, who was speeding doing 59 in a 35-mph zone.

[00:52:53]Upon approaching the vehicle and speaking with the defendant, officers smelled the distinct odor of marijuana.

[00:52:58]The defendant admitted to smoking marijuana during the stop. He also had on his possession an illegally owned firearm.

[00:53:05]Officers searched the vehicle based on the smell of marijuana and located gummies and other leafy materials which the GBI confirmed in the amount of 196.2 g.

[00:53:14]Defendant was cooperative during the police interaction and complied with police commands.

[00:53:21]In the indictment ending in 2608, officers again with the Fairburn Police Department on May 12th, 2023, were patrolling the area of 7882 Senoia Road, Fairburn, Georgia in Fulton County.

[00:53:36]This is a Wingate Hotel. The area had been known to have certain car break-ins during the early morning hours. Officers engaged with the defendant, later identified as Mr. Corey Bailey, who was inside his car with another person with his lights off and the car off. Officers spoke with the defendant, asked him to provide his ID, which he said he did not have. Officers returned to the vehicle to check registration and ownership when the defendant accelerated at a high speed getting away from the officers.

[00:54:03]Officers ran the license plate and driver's license photo of the owner and confirmed it to be the same individual.

[00:54:09]But they did not detain him at that time.

[00:54:13]All right. With indictment ending in 4286 judge, we are recommending for count one also with the defendant's history, he has four cycles, zero felonies. It's my understanding that the defendant will also be asking to plead to this indictment under conditional discharge.

[00:54:33]Okay. For count one, five years probation to complete a drug and alcohol evaluation plus treatment if required a fourth amendment waiver to forfeit his firearm 40 hours community service, a $1,000 fine.

[00:54:50]And count two, five years to serve suspended consecutive to count one. And count three to run concurrent with count one, eight days credit for time served.

[00:55:06]For the indictment ending in 2608 for count one, it would be 12 months probation for him to complete a defensive driving course 40 hours community service, a $500 fine. And count two to be 12 months probation to run concurrent. Nothing further from the state.

[00:55:36]So the second case is just misdemeanors?

[00:55:39]It's just misdemeanors. All right. Um He only did 6 days. Right. So. So, I'm wondering if you have any objection if what I do with the second case is either suspended um or do something so that um Mr. Bailey is exclusively um subject to DCS supervision and not having to I got to do JCT and um but I'll bump the fine up to 1,500 um on the felony because you had a $500 fine and I'll add defensive driving on the the felony side. I'll I'll talk to the defense about this as well, but it's sort of restructuring what you guys had negotiated. Do you all right with that?

[00:56:20]>> I am I'm definitely all right with that, Judge.

[00:56:22]>> Okay. All right. Um before I hear from the defense um anything from DCS in connection with Mr. Bailey? Never been on supervision?

[00:56:31]Okay. Got it. All right. Um Mr. Bailey, I'm going to hear from Mr. Arnold in just a moment about you and then you may want to add something. I'm happy to hear from you. Um I I'm inclined to accept the plea. I'm going to need to know why it's an Alford plea cuz I haven't heard a whole lot about um it was someone else or I wasn't there or what would make it mean if Mr. Bailey is in a car and he was speeding and there was a gun in the car and he's the only one in the car. These seem more like um straight-up guilty pleas.

[00:57:01]Conditional discharge I'm okay with, but I always need an explanation. Um your previous client, I got the no low.

[00:57:09]Um but these are you're in the car or you're not. You were speeding or you weren't. Um it's kind of off or on and not a well, it's not quite like what the police said. But we'll talk about that.

[00:57:20]Um did you understand, Mr. Arnold, how I was proposing to switch up the misdemeanor plea? Basically, make it not something involving supervision so that Mr. Bailey doesn't have to report both to misdemeanor probation, which is a different entity than felony probation.

[00:57:38]Yeah, I totally understood you, Honor. I think that for the benefit of him being successful, having two probations would be burdensome, and It's just a hassle, and and he's going to be supervised longer under the felony case, and so let's just have that be the supervision.

[00:57:52]Do you all want to talk about that for a second before um I didn't mean to You're good with it?

[00:57:57]No, no, as you mentioned it, I was I'll I'll explain it to him. I think it was pretty He explained it clearly clearly. He doesn't want to be put on two probations. He'd like to be ran He understands the conditions being the same felony probation conditions, and just that the fine will be added on to the original fine that he's given.

[00:58:14]>> Right. Well, and the record should show Mr. Bailey just gave me the thumbs up.

[00:58:17]So, I'm hearing it Seeing that is he's okay with it. Um all right, Mr. Arnold, what do you want to tell me about Mr. Bailey, um these two cases, and in particular, um this um offered plea request? Um Yana, as as stated, this is Mr. Jose Case. He's been talking to the young man. I've I've only had brief contact with Mr. with Mr. Bailey. I I will say this, Yana, this this is his first first time he's been charged with a felony offense. Um I believe the each time you explain to a defendant what the nature of the plea would be. Um so, I haven't had a chance to go to the factual basis. I do know that he's gainfully employed. He is from the Atlanta area.

[00:58:57]Um in fact, he works the night shift, Yana.

[00:59:00]So, um when he comes in the court, um he doesn't make any excuses. Um the reason he was tardy this morning, Yana, he came straight from work to here. Um so, we believe um he will be asking for a behavior incentive date if the court does give him conditional discharge. Um and uh for the factual basis, Yana, I apologize I'm standing in. So, I can ask Mr. Bailey. Yeah, I I believe I'll be more appropriate coming from Mr. Bailey from this in this incident.

[00:59:24]>> Okay. Great. Well, I appreciate you covering for your colleague, Mr. Arnold, and and giving Mr. Bailey the benefit of of your counsel in this.

[00:59:32]Um one other thing um and then I'll I'll engage with Mr. Bailey. Um there's a bench warrant in place for um the more recent case, the one ending in 608. We just need to make sure that gets set aside um since none of this um involves Mr. Bailey going back into custody. But as I was looking in the docket, it's got the big old orange W and there was a bench warrant um that Judge Barwick issued um for missing some court date.

[01:00:04]Obviously, Mr. Bailey's here now and um it fortunately for him didn't sneak up on him um some other day. So, um is that something you can help with, Ms. Chapman? Okay, great. We'll take care of that. Mr. Bailey, um few questions from me and then um you can add what you want to add. Um to both indictments, um you've entered a plea.

[01:00:26]You've said under Alford, you're going to explain that to me in a minute. But more importantly, you you signed both indictments. So, these are your signatures on both indictments?

[01:00:34]Okay. And Mr. Arnold, you signed them as well? Yes, Judge. Great. And Ms. Davis?

[01:00:38]Yes, Judge. All right. Um so tell me, Mr. Bailey, um so an Alford plea means to me um either I didn't do it, but it's in my best interest to plead. That can't be this case cuz you I mean you were arrested behind the steering wheel. Um or sometimes an Alford plea is, "Hey, it didn't go exactly like the state said and I'm contesting that, but I don't want to go to trial over it." An example might be um I wasn't going 60, I was going 40, but I was still speeding. I might eat the speeding ticket, but it's just not worth it to go to trial.

[01:01:15]Tell me why you're thinking these should be Alford pleas rather than guilty pleas. Has nothing to do with conditional discharge. We'll talk about that in a minute.

[01:01:25]Uh basically like what you said, I just felt like it was the best option was to take the plea because well to avoid extra assets.

[01:01:34]Okay.

[01:01:35]>> I've had it.

[01:01:36]It's been going on for years now and it's been like even though I got these jobs, it was hard to get the job that I got now. And what's the job you have now? I'm order selector at a warehouse.

[01:01:46]Okay.

[01:01:47]But you do the night shift.

[01:01:49]>> Yeah, nights. Okay.

[01:01:51]Um well, let's talk about the one with the more serious charges, the one ending in 286. So, the allegation is that just before Halloween in Fairburn, you were speeding, they pulled you over. Um when they pulled you over, they smelled marijuana and there was a gun in the car. Are you saying none of that happened or I wasn't in the car or cuz again, I just want to understand the Alford part.

[01:02:15]Cuz if you're saying yes, I was speeding and yes, I had been smoking and yes, I had a gun in the car. You you legally had the gun. No one was saying it was an illegal gun or anything. Then it's really not an Alford plea. Um I just need to understand where we're at with that.

[01:02:31]Well, to my understanding what I thought with the Alford plea was taking a plea because like you just taking it to accept the offer. That's why I chose it that. People take pleas because they want to take the plea. Um and sometimes they're taking the plea cuz hey, I want to get this behind me. Um but that's different from the Alford piece is you saying I didn't do what the state said, but I want to plead anyway. And I need to understand are you saying I didn't do these things?

[01:03:04]You're just you're ready to move forward. Okay. I'm not going to accept it as an Alford plea. It doesn't change anything for you. It just makes the record more accurate and it sounds like you're saying yes, way back when 4 years ago almost, I was speeding in Fairburn, marijuana, gun. And then um almost 3 years ago to the day, um you were in that parking lot of that hotel and and whatever happened happened. Is that those are fair statements?

[01:03:32]Yes, sir. Okay. All right.

[01:03:34]Um conditional discharge, which you qualify for um with the felony case. Um that's sort of like first offender um but you can take it because um there was a drug angle to your arrest and the charges in the case. It's not a conviction. So, if you are looking to advance at work, um go on to college, apply to a different job, you don't need to check the box that says I'm a convicted felon, cuz you're not. When you leave here today, you will be under sentence, but it's without a conviction.

[01:04:06]And so, it is a true statement for you to say I don't have a conviction. Um you might not want to hide the fact that you're on probation, but that's for you and and an employer to talk about. Um but you are not a convicted felon.

[01:04:19]That's the benefit of conditional discharge. And if you get all the way through this sentence and there are no hiccups, you're not arrested for anything new, um it can all be wiped off your record. So, those are big benefits that you qualify for. There is a downside though, um and that is if you aren't done speeding and you get pulled over by Fairburn police again and you got the wrong thing in your car, um not only would you have new charges, but Ms. Davis would want to get you back in front of the judge to say, "Look, we gave him this chance and look what happened." And that judge could not just revoke some probation, but could resentence you um up to the 15 years.

[01:04:57]That's the maximum. I guess it's technically 15 years and 12 months um in that case. I'm not saying that's what would happen, but it could happen. I need to make sure you understand that there's a risk to conditional discharge.

[01:05:10]I understand. Okay. What kind of car do you drive? Right now? Yes, right now.

[01:05:15]I have a Toyota. Oh, good. Something that doesn't go 200 miles an hour. What were you driving back then? I had a Lexus. Okay. Yes, sir. All right. I'm glad you downgraded. Keep you out of trouble. Um Uh do you have any questions about any things we discussed? I understand. Okay.

[01:05:34]Well, Mr. Bailey, I find there's a factual basis in both these cases um and that your pleas are knowing and voluntary.

[01:05:43]Um I am glad you've managed to land a new job. I hope maybe after this is done, you can get out of the night shift. Unless you like the night shift, but it's cool. All right. Well, then maybe you'll keep the night shift. In 24 SC004286, I will sentence you on count one um to 5 years. Those five will be probated.

[01:06:10]Count two has to run consecutive and has to be 5 years um and that will be suspended. And count three will be 12 months. That'll be concurrent with count one and will be probated. So, it's a total sentence of 10 years. First five on probation, second five suspended. It'll be a conditional discharge sentence. And I'll set a behavioral incentive date of May 19th, 2029.

[01:06:37]That means 3 years from today, if you've done all the things you needed to do and um cuz you'll get those taken care of early on. Um more importantly, you stop getting arrested for speeding in complicated situations um then probation can reach out to whatever judge is handling this case to say, "Can we just close this out?

[01:06:56]Bailey's been fine. We'd rather deal with these higher maintenance people."

[01:06:59]And you're done.

[01:07:01]Did you have a question about that?

[01:07:03]Yeah. Um so, when you said 5 years, do we still like 3 years of behavior?

[01:07:09]Or is it I got to do the whole five? So, um the former, that's the behavioral incentive date. So, I have to pronounce I have to state what the whole sentence would be in case you don't do well over the next few years.

[01:07:21]And the total sentence is 10 years, five probation, and then five suspended.

[01:07:27]Um but I just set this behavioral incentive date that Mr. Arnold worked asked for.

[01:07:33]So, three years from today if everything's been good, no speeding, you drive that Toyota at the speed limit, you're going to work, you don't have something funky in the car. And by the way, you cannot have a firearm while you're on probation. Even though there's no conviction, someone on conditional discharge um can't have a firearm. So, um if you have a new one, you got to get rid of that. You can sell it, give it to someone else. It cannot be in your car, it cannot be in your household. If you are caught with a firearm, that's a separate offense. Are you Are you saying I can't be in the house like if I'm in the house, that house can't have a firearm in it period? I'm saying that.

[01:08:11]Because if for whatever reason, let's say there was a fire and the the firemen have to go in there and then uh-oh, this could have been arson, the police go in there, and they find a firearm in your household. Now, if you live in um an apartment and it's a three-bedroom apartment and you got two roommates, and that firearm is in the space that is very clearly your roommate's space, that's okay. But I do have two roommates. Okay. Um but they need to keep it in their space.

[01:08:40]Right. If it's in the kitchen, if it's in the living room, if if you your probation officer is going to be able to come visit you. And if he or she knocks on the door, you got to let him in. And if on the kitchen counter or on the um sofa in the den, there's a gun, that's your gun.

[01:08:57]It needs to be in your roommate's room.

[01:08:59]So, they just need to let them know that. And um either they can say I promise it won't ever leave unless it's it's on me and they're leaving the apartment or they may say, "Hey, we like you as a roommate. We'll just We don't need to have a gun um for the next few years."

[01:09:12]But, it can't be out and about. I understand. Make sense?

[01:09:15]All right.

[01:09:17]So, conditions of your probation. Number one, you're going to submit to a drug and alcohol abuse evaluation. And all that means is you're going to meet with a medical professional who's going to talk to you about how you live your life. And if that person recommends any treatment for drug and alcohol abuse, that treatment becomes part of your probation.

[01:09:36]Two, you're going to forfeit the firearm that was seized way back in October of '22. This means you don't try to go get it and then they can destroy it. Um you'll do 40 hours of community service.

[01:09:49]Um you need to complete a defensive driving course that you'll need to complete within the first 6 months of your probation.

[01:09:57]And you're going to pay a $1,500 fine. That'll be in connection with the marijuana count.

[01:10:06]Um your other case, which is 25SC002608, um the state has reduced count one to a misdemeanor.

[01:10:19]Um so, both counts are misdemeanors and I'm going to sentence you to 6 months on count one, 6 months on count two. Those will run concurrently with each other, but I'm suspending the 6 months, so you're not on supervision. Um they're just out there. Now, so you know, if you get arrested next week, the state could move to unsuspend those sentences and revoke them just like if you were on probation. And I am making it a condition of your suspended sentences um in that case ending in 608 that you obey the laws of Georgia and the 50 states in the United States. So, there's no probation in those cases. There's just that one condition, stay out of trouble. If you violate that condition, that would be a basis to unsuspended and then sentence you for up to the 6 months of those two.

[01:11:12]Does that make sense?

[01:11:14]Okay.

[01:11:15]Um, Ms. Davis, anything else on behalf of the state? No, your honor. Mr. Arnold, anything for Mr. Bailey? No, your honor.

[01:11:24]Um, Mr. Bailey, you're going to need to meet Is he going to meet with you?

[01:11:27]Um, this is a probation officer. This will not be your probation officer, but she's going to give you reporting instructions. Uh, it'll likely be in the next few days. Do you live in Fulton County? Yes, sir. Well, technically East Point.

[01:11:40]Okay, but East Point's Fulton County.

[01:11:42]So, the probation office is like three blocks from here, but you'll get the address. Don't miss that first date um, because that's when they sign you up.

[01:11:50]And if you don't make that one, they just send me a warrant and you're off to a bad start with conditional discharge.

[01:11:56]Um, and like I said, you just need to stay out of harm's way for 3 years. If everything goes smoothly, um, then they will probation will be very eager to close this out. They just soon be focusing on other things. All right?

[01:12:10]Um, that's it if you don't have any questions. Do you need to get anything on the record about reporting or um, you'll just meet with him? I'll just give him the instructions. Okay, sounds good. Thank you everyone. Okay. Your honor, just to clarify um, sentence into ending in 4286.

[01:12:27]Yes, ma'am. Um, count two, 5 years probation, is that suspended? It was 5 years to serve suspended.

[01:12:35]Mr. Bailey. And that's the one consecutive to count one.

[01:12:40]>> [clears throat] >> And then count three is 12 months probation concurrent with count one.

[01:12:49]Judge, because dangerous computer discipline Uh-oh. And I'll bring these down to my office.

[01:12:55]I'm going to go back to my office.

[01:12:57]>> To your happy space. Okay. Good.

[01:13:00]Just come on by. Uh may I If it's the final dispositions, you can just email me um whether you want to email the word version or the PDF. Okay. Either one works for me.

[01:13:11]All right?

[01:13:12]And then I'll get them right back to you.

[01:13:16]What a happy reunion.

[01:13:19]May I be excused, your honor? Yes, ma'am. You both may.

[01:13:23]And uh good luck with everything. All right. Well, I'll see you next week, Judge.

[01:13:30]No, I still have um a a full life as Judge McBurney. It just happened to be um this morning I had very little and when we learned of um Judge Baxter's situation, I said I'd be happy to help.

[01:13:42]So Yep. Um but you'll be right next door.

[01:13:45]You can always run over here for safety if you need it.

[01:13:51]Thank you, Miss Daniels. Thank you, Miss Sheriff. Mr. Arnold.

[01:13:56]Good morning. Oh, thank you. Thank you, Judge. You bet.

[01:14:01]Thank you, Miss Tennessee. So, I've got the paperwork for Mr. Williams. Let me print it out.

[01:14:06]>> [clears throat] >> Okay.

[01:14:14]I don't know Hey, likewise. Good luck with everything.

[01:14:18]Um did you need anything, Mr. Goosby?

[01:14:22]You just hanging out? You want to talk to the lawyer?

[01:14:26]>> [clears throat] >> Yeah, he won't have that probably today.

[01:14:29]But talk to him. He'll He'll certainly get it to you, but he may not have it until It has to be filed I just signed it. And so it's got to be filed and then he'll get a copy and send it to you.

[01:14:48]All right.

[01:14:51]Okay.

[01:14:55]Thank you, judge, for assistance today.

[01:14:59]You bet.

[01:15:21]It's quite good. Thank you. You're welcome, judge. Yep, sorry for the real estate confusion. I had to get set up twice.