A DWI (Driving While Intoxicated) conviction creates permanent criminal record consequences that significantly impact future employment, insurance costs, and legal interactions. Individuals who plead guilty to DWI offenses waive fundamental rights including the right to trial, right to compel witnesses, and right to appeal. Repeat DWI convictions escalate to felony charges with minimum 2-year prison sentences and substantial financial surcharges ($6,000+). Courts impose strict bond conditions including ignition interlock devices, random alcohol testing, and prohibitions on alcohol consumption. The lifetime nature of criminal records means prior DWI convictions increase the likelihood of negative outcomes during future traffic stops, making even minimal alcohol consumption potentially dangerous for individuals with prior convictions.
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Incredible hard. So, I'm not going to go through all questioning and and I I'll take it that you understand that this is what you're doing today is you're making a lifetime decision that is a it's a difficult one and you know, when you start racking up convictions on your record life gets a lot more difficult.
The older you get >> [clears throat] >> life doesn't get easier. It gets so much more very difficult. And when you get convictions you become unemployable the more convictions you get. So, you need to be careful how you handle life because if you don't, I'm telling you 15 minutes will flash by and and liquidity split. And if you don't have a job you don't have a career, you don't have an education then life is not going to go well. This life is not fun without money.
If you don't believe me, go on the street and ask the people on the street.
It's You only get it You have a trade. You have a job. An education.
Do you understand? This has been difficult decision because she is in a full-time college and she's working part-time.
I have a good job. Done the done. Well, and we understand how this can adversely affect things. Not interested in the PTI program. Well, she was in PTI and there was difficulty >> Oh, I see. I see. having difficulty balancing and that's really we think the crux of the issue was the issues in PTI was trying to balance full-time job, part-time work and maintaining a home that first time she's out on her own not without her I guess without her parents' help. Is there any other way we can No other way we can help?
>> Well, not that we see at the moment.
Talk to the state about potentially being back on PTI and about the potential of deferral and we're not quite there. We're talking about potential of going without an agreed rate, but she doesn't want to sign up for a situation where maybe more difficult She So she's currently in the PTI program now? Well, no, she's been removed from PTI. Oh, removed. I see. And so we've read through the case and found issues we think was with where We we think there's potential issues in the case, but >> [cough] >> we're thinking that this is the best way to resolve it and that's where we It's It is what it is.
At some point may not be today, may not be tomorrow, 10 years, but you're going to look back God Why didn't I Why didn't I complete this thing?
You know, just You need to understand that this DWI will go on your record. What we're doing today it's 3 days in jail, credit for one.
From now on you were facing a minimum of 30 days in jail for any case that you pick up here. No more proverbial slaps on the wrist. You now have a a minimum that you'll be doing if you pick up any more cases. So, you need to be very careful when you get into a car. All officers do when they pull you over is they look at your criminal history.
If it walks like a duck and it talks like a duck, so you need to be very careful moving forward.
$30 wherever you want to go in the city.
$40, it'll take you anywhere you want to go. When you Uber, >> [clears throat] >> that's what you need to consider from now on.
Even if you've had one. That's what I do when I go out with my wife.
Ms. Amam, you give up a lot of rights by entering to this agreement. You give up the right to a trial, right to compel witnesses to testify on your behalf, confront and cross-examine your accusers. If you're not a citizen, there are possible immigration consequences.
You can be deported, excluded from the country, denied naturalization under federal law. You give up the right to appeal once you accept this agreement.
There's no turning back. You can never take this off. Do you understand?
How do you plead to the offense of driving while intoxicated? Guilty or not guilty? Guilty.
I'm going to find you guilty. I will sentence you to 3 days in jail, give you credit for 1.
I'm going to suspend your license for 90 days. Judge, we'd ask that go uh I guess have red track in application to the suspension that she served from by way of the ALR suspension.
Why?
>> [laughter] >> Well, she's [clears throat] trying to she's Uh which is the question, why do you have to come talk to me?
The thing is this, is that how many times are we going to reward someone, especially for behavior when it's doing whatever she wants to do? Well, it's not a reward. It's to make sure that in a situation where she doesn't have a bunch of financial resources, that she can get to school and to work and she's doing things to move forward in life. And she is enrolled full-time.
She's got hours. She's in an engineering program. Got a pharmacy tech license.
She's working as a pharmacy tech, but also maintaining home. So, >> [clears throat] >> the costs and process of getting a lawyer to represent her in an occupational license setting be more difficult. She's got her license active now.
The asset uh suspension that she served, which was a 6-month suspension.
>> How bad was it on in the PTI program?
Did she repeatedly just test positive for alcohol and dope? No, I think they were missed. I don't think there was any positive tests. I think there were just not there was no no test skipped test.
So, I have Yes, it was failure of uh to report and failure to enroll in SOP and failure to maintain Did she do anything? She's been on an ankle monitor since I got the case and she she's not had any issues with ankle. And then also, as counsel mentioned, 31 skipped tests on the report. So, does not appear that she did much of anything that was required of her.
But, then we disagree with that assessment, but I mean, reasonable minds can differ, you know? There's also a matter of the $3,000 surcharge as well.
What are we going to do with that?
Weigh that in light of her financial circumstances. But, do you see what I mean? It's like one gift. But, it is though. I mean, she's there's no jail time. She she got booted out of the program. Now, I'm not suspending her license. Now, I'm rolling the $3,500 that she would normally pay. It's literally what's one gift after another.
And here's why you're wrong. The legislature came in and I know remedy is citizens go vote, but the but a $3,000 surcharge to an individual has little [clears throat] to no money is a catastrophic amount financially. Well, we we do it we give it 2-year payment plans, so it comes out to like $30 a month.
And we saw how the surcharge program worked for individuals and it destroy their license and so what happens is then they come back to your court because all of a sudden they don't have a license valid and then it plugs up our system with class B charges of driving with license and valid cases. And so it's not a reward, it's it's understanding that me as working a full-time job in a different financial position.
>> what I'm going to do, Mr. Harris.
I agree with you about the money because to me the money does I don't care about money.
But what I care about are actions and I really like it when people better themselves. It really it makes me happy because I want you. You are a woman in this life that society it's just life is more difficult just because you're a woman. Just because you're a person of color life is more difficult. You need to be dependent on no one and you should get your education. You should get a good job so that you never have to rely on anyone. You be strong, you know, just I'll make you a deal. Like I want to know you're telling me that she's enrolled in all these things. If she is and you can show me that she's in school, she's doing this I I'm going to take the money away because the money that I don't care about the money. But as far as the license suspension goes, if you show me that she's actually in all this and you can show me I'll acquiesce to you because I want you to do well. I want you to leave here better than you came.
You've not shown me that so far though, right? You've not done well here. So why continue to do this? But if you show me that you're bettering yourself now that you you're in school like you're saying, you're doing you're working as a as a tech there I'll I'll do it for you. Show me I'll acquiesce. Thank you. But in this life you should never rely on anyone. I have two daughters and the first thing that I'm teaching them is never rely on anyone. You go to school, you get your education, you get a great job so that you you can just rely on yourself and you can always be on your feet and you can always make money because when you get that education no one can take it away from you and you can always go get another job. That's what life's about.
And this.
Knowledge is power.
All right.
Please. So the 3,000 and whatever the court costs are. Okay. You ready? Yes, sir. Judge, I'm going to hear on William Thomas. So it's um a DWI that the state is going to hopefully be dismissing It's not all. You're supposed to I don't need to approach. No. It's 118 days, right?
No. I mean once it gets like 180 then yeah. No, no. Good to see Mr. Locke.
Yeah. Thank you. Thanks.
Are we ready?
Okay.
Oh, yes, your honor. It's a plea uh Good. February 1st. I need the office number. Yes, I did.
Uh let me see. Here. Locke's is 253 0471.
Thank you, Judge. Sure.
Galileo Perez, come up.
Do you have more than one or just Well, the other one they're not ready on yet, so we'll hold it off on the fugitive issue. Okay, got it. All right. Steven was checking to see if we're ready.
You're charged with driving while intoxicated.
Shh. You were facing up to a year in jail and or a $4,000 fine.
You have worked out an agreement where they're offering you 2 days in jail with credit for the 2 days that you have done.
You were pleading guilty to this offense now and it is going on your record.
Is it a point one five or above? Yes. Is it true or untrue that you had a point one five or above breath alcohol concentration, Mr. Calel Perez?
Yes. You need to understand that by this going on your record, it's going to be there for the rest of your life.
Whenever you get pulled over by an officer, the first thing they're going to look is they're going to look at your criminal history.
If they see that you have a prior DWI, and then they come to your car and they smell alcohol, it's very possible things will not go very well for you.
If I were you, even if you had a sip of alcohol, I would not get into a car and drive, because it could cost you a lot.
From now on, you are facing a minimum of 90 days in jail for a DWI that you may pick up.
>> [clears throat] >> No more proverbial slaps on the wrist.
Do you understand?
Yes. You need to understand that you also give up many valuable rights by entering into this agreement. You give up the right to a trial, right to compel witnesses to testify on your behalf, confront and cross-examine your accusers. If you are not a citizen, there are possible immigration consequences. You can be deported, excluded from the country, denied naturalization under federal law.
You also give up the right to appeal.
Once you plead guilty, it will go on your record and you can never take it off.
This is what you want to do.
Yes. How do you plead to the offense of driving while intoxicated, guilty or or not guilty?
Guilty. I will find you guilty, sentence you to the two days in jail, give you credit for the two days that you've done. I am now going to suspend your license for 90 days.
Do not drive. If you drive and you get pulled over, it's on a possible suspended license and it's just like a DWI Class B misdemeanor.
Tell me about the fee.
What does he do for a living?
We model a lot.
What kind of money do you make a month?
You need to understand, Mr. Galel Perez, that I want you to understand that DWI is big business in the United States and there are surcharges that DPS puts on your license when you plead guilty to these offenses. A DWI second, there is a surcharge of $6,000, not to mention court costs. So, if you pick up another one, you could be very well facing up to around $7,000 in fines and fees.
$20 an Uber, $30 will take you wherever you want to go.
If you want to get loaded, if you want to have 15 beers, 32 shots of tequila, take an Uber.
Everybody is allowed to make a mistake in life, but when you continue to make mistakes where you endanger other people's lives, we only have one place for you.
Do you understand?
I will waive your fines and fees now, but if you come back, get ready cuz it's not going to be a good ride.
Good luck.
Thank you. Appreciate it, >> Judge. Thank you.
Judge, I have a minute. So, it's 4,500 plus whatever for cost of court. Do I wait?
>> [clears throat] >> 4,500? Yeah, it's a uh It's a It's treated as enhancement. So, on a when you have a class A because of the 415 above, it kicks it up to $4,500.
Okay.
Judge, um I have a Mr. Angel on face dock.
He's got How old?
Cute. Hey, Judge.
Uh Todd Miller.
Uh we have a plea. Okay, I'm ready when you are.
I got his [clears throat] uh he had an ankle monitor and I got that waived, but there was an issue with the back A and they wanted For some reason, it wasn't waived to begin with.
Uh Guys, I see he's got a felony warrant.
Well, there wasn't one. I checked about an hour ago.
Okay.
>> He's on probation for credit card abuse, picks up this assault, and I'm looking now there's a felony warrant for an assault on a security officer.
Assault of a peace officer. That he That case has already been opened.
He's been I remember being opened. I remember that we've had issues with this, but I still Okay.
I Maybe I'm wrong. I don't know.
Regardless, I mean, we're going to do this now. It's just that if there's an open warrant, I'm going to have to take you into custody. I don't know. It appears to be so, but the computer's been wrong before.
Yeah, yeah. Take your time. No rush.
Mr. Miller, you're charged with assault bodily injury.
You are facing up to a year in jail and or a $4,000 fine. You guys have worked out an agreement. They're offering you 4 days in jail with credit for the 4 days that you've done.
You need to understand that by pleading guilty to this offense, there are consequences that may arise. If you're on probation or parole, this can be used against you, which would result in further confinement.
Do you understand?
Do you still want to go forward with this?
Judge, we'd like to see him check with the ward and if he's going to be going in, then we may want to hold off on the plea paper plea today.
Um Okay. It's up to you here. Who is this issued to, Judge? Hm? Who is this issued to, Judge?
497 I don't They just here I It's weird because when I looked earlier this morning because I knew he had bond violations here. The reason you're here now is because you have bond violations, right?
But when I looked earlier, there was no warrant. And when I just pulled it up now to look, a warrant has been issued.
They issued a warrant 8 minutes ago.
>> [clears throat] >> Okay.
>> [laughter] >> And we don't I don't Does this give a reason why? Uh bond condition violation.
There you go.
Okay.
Um Mr. Miller When you're on bond, there are conditions that you must follow. And when you don't, there are consequences.
As right this moment, it is not current.
It's sitting in the judge's thing to be signed.
He's saying it's >> They They issued it out at the clerk's, but they haven't signed it, so I don't So it's not That's where I'm seeing it, but it it is not showing up in Jim's as of this time.
I need to know what you want to do. Do you want to go forward with this plea or do you Will he be going in the custody after this hearing? He's got bond violations with me. He's on probation, picks up case now, he picks up a felony case, he's got bond violations with me.
Yes, but if he we do the plea here, the bond violations are Yeah, if you do the plea, then you do the plea. It's up to you guys.
Yeah, if it's not signed No. No.
No, because we can't do anything to walk Well, I would I will just verify just to make sure he if he will be able to I will just call him. I would just be Mr. Miller.
Sir, you're skirting a very thin line, man.
You know? I You tell me what you want to do.
Well, if he can if he can leave today, I think that's what he would like to do is take the take the >> If we do the plea and they haven't she hasn't signed it, I have nothing to hold him. But you need to understand that it may at some point happen. So He does have Well, he does have court for this case that the felony case next week. So that will give him some time to get something set up with the bondsman and get something worked out.
I don't know. So do you still want to go through with this, Mr. Miller?
So yes?
Okay. So you were charged with assault bodily injury. You're facing up to a year in jail and or a $4,000 fine.
You guys have worked out an agreement with her offering you four days in jail, credit for the four days that you've done.
Understand that like I told you there's a lot of right there are a lot of rights that you're giving up. You're giving up the right to a trial, right to compel witnesses to testify on your behalf, confront and cross-examine your accusers. If you're not a citizen, there are possible immigration consequences.
You can be deported, excluded from the country, denied naturalization under federal law. You give up the right to appeal. Once you plead guilty, you can never take this back. It's will go on your record and it's going to be there forever. From now on, you face a minimum of 90 days in jail.
Do you understand?
If you're on probation or parole, you also need to understand that by pleading guilty to this, they can revoke that probation or parole and it can result in further confinement.
Do you understand?
Do you still want to do this?
Okay. How do you plead to the offense of assault bodily injury, guilty or not guilty?
I'm going to find you guilty. I will follow the agreement sentencing you to four days in jail.
I will give you credit for the four days that you've done. I will roll your court costs so you won't owe anything. And good luck to you, sir.
>> [clears throat] >> You, Mr. Avinash Chand.
Do you speak English?
You are in front of me now because you're what? He's uh wanted out of Denver, Colorado, is my understanding.
Okay, you want a bond? Yes. Yes. Okay.
So, the reason we brought you out here now is because your lawyer is asking me to set you a bond.
I don't know. I've never met you before.
I don't even know why you're wanted.
But, couple of things. Number one, and my main concern, is public safety.
Number two, my other concern is if we set you a bond, are you going to go back to the jurisdiction that you're wanted from?
I don't know. Let's Let's get to know you. So, Dane, tell me about him. So, it's 10 pages and I'm trying to read as fast as possible, but my information's limited. It's regarding a negligent >> And pages of criminal history? No, sorry. Uh the the affidavit for the probable cause, I just received it as he was being brought up. So, I'm reading this in real time. Um but, >> You want to take more time? Well, I know you have to go to court three. I can supplement after the original approach.
But, the warrant was issued out on December 25th, uh so on Christmas, for negligent bodily injury. I'm reading the probable cause, there was a well uh well-being check request um on December 16th, where this defendant was in care of two individuals, and his negligent care was sufficient enough that they that when they investigated, they believed the children required uh could have had sustained infection, required amputation, or even death. And they found dried blood, they found Hold on. Sorry, it's uh uh reddish-brown stains on items in behind the bedroom door. It It goes on for some time, but it's generally uh sort of disarray and injuries all over, malnutrition. Um but I spoke with the other jurisdiction and they are requesting uh him be held at no bond um until he is returned to the They do want him and um once if the court comes Is it only one count or two counts?
>> There's I think there's two, but they're under two different statutes. When I run the NCSC, I mean the uh the warrant from Colorado, it looks like he's being charged under two different statutes, but because I just got the information, I don't have the charging instrument.
>> negligent homicide or is it negligent >> They're not um They're not dead, but it's that the possibility just because of the respondent state of the living conditions, the two at-risk individuals.
Um Minor children?
Uh caregiving center operated out of the residence.
Number of special needs? Uh I can't Looks to go on some time. Text from November 25th. Oh, here we go.
It's two adult males with intellectual developmental disabilities. Um and so uh vulnerable complainants and I believe one of the uh arguments that um counsel was bringing for him to obtain a bond was that he uh takes care of autistic individuals and obviously him being charged with these felonies or even one felony of vulnerable individuals becomes a public safety risk by the nature of you know, what's already happened. And so with it being over a month and with the conditions of children being like I said, almost amputation or death, and I can go further into this.
>> Any prior criminal history? No, Your Honor.
But the fact that it was for such a long time and due to their state and so I'm I'm not sure if they were at a point in their condition like physical or medical condition is that they were unable to leave. Obviously that'd be more akin to um constructive kidnapping but I don't know yet because again I'm still reading through it.
>> Constructive kidnapping? Well, just because if he's malnourished them or deprived them to a to a point where they're unable to physically capable of leaving.
The well-being check started in November but I don't think they did a well wellness check until December 15th.
Again, I don't know. I'm just reading parts of it and so I don't know to the extent of it before law enforcement was notified.
>> [snorts] >> Yes Judge, so a couple things. First [clears throat] uh my client this case is from Adams County, Colorado.
My understanding is that um my client was in Sydney, Australia uh when this warrant came through. He was in Sydney on the day that uh December 25th when the warrant came through. He came back to go back to his home town and during that period the warrant came through and he got picked up. So this So it goes to wondering why he's here in Houston. Are you telling me that he had a flight connecting to Denver?
>> is there's no direct flight from Denver to Sydney so he had to come through Houston and so on the way out there the warrant was not issued and while he's over there the warrant's issued. He's coming back he gets picked up for it here in Houston. Now it's a charge. We went through a whole bunch of stuff. Uh this isn't probable cause court. All that stuff is in Colorado. That's not here. Here we're talking about a fugitive case. Public safety and whether or not he's going to turn himself into the demanding jurisdiction. Uh so a lot of public safety talk has been going on.
If you were over there we'd talk about public safety it would be rectified by just saying don't go talk to whoever is playing witness, right? And so that's the jurisdiction that has the authority to do that. Here we're just trying to see if he's going to go answer for this charge. He hasn't been running from anyone. He got picked up immediately after he came back into the United States. He is not a flight risk. He came back into town. He didn't know this was out there, and so he hasn't been running.
He hasn't had an opportunity to avail himself to Colorado. He hasn't messed up in your court. He's got no criminal history. He's got family that supports him, that's willing to post a bond for him. He's got skin in the game if you allow him to go turn himself in. Okay.
Sorry, I'm just reading the affidavit.
It says, "Asked if they were allowed to leave the basement." She stated, "No."
They were going to target the suspects.
Have them go back downstairs when they come up.
Um Again, Judge, this stuff is irrelevant to whether or not he's going to go turn himself in, whether or not he's been on the run, whether or not he even knew of these charges. If he needs to answer for that, he can't answer it for it here in front of you. You can't argue against that here.
That's in Colorado. So, part of what I'm trying to figure out is if they've notified him regarding this uh this warrant, and obviously that's going to play a part if he was notified to return himself, and then he went to Australia. Obviously, I'm going to have a few more questions. You want to like pass it for just maybe 5 10 minutes and take a look? Yes, Judge. Who's that? Let me because I've got a couple things to do here, and it looks like he doesn't have all the questions answered. Give me just maybe like 5 10 minutes, we can come back and reconvene so that you know exactly, you know, cuz if I set him a bond, you know, I want you to be absolutely sure, both of you guys.
Yes, Judge. Okay. Thanks.
Okay. Are you ready? Yes, sir.
You have Mr. Cook, correct?
Come in, Mr. Cook.
Good morning to you. Hi.
You want a chair, Mr. Cook?
He's the the court here.
He just said it was getting too long for him, so I was like, let me move him that way.
Mr. Cook, you're charged with driving while intoxicated. You're facing up to 6 months in jail and or a $2,000 fine.
You guys have worked out an agreement where they're offering you 3 days in jail with credit for the 9 that you've already done. Yes, sir. You need to understand that this charge will go on your record. It's going to be there for the rest of your life. You get pulled over, first thing officers do, they're going to look at your criminal history.
If they smell alcohol on you and they see that you got a prior DUI, it may not go very well for you. So, just just be very careful next time you get into a car. All right.
You're giving up a lot of rights by entering into this agreement. You give up the right to a trial, right to compel witnesses to testify on your behalf, confront and cross-examine your accusers. If you're not a citizen, there are possible immigration consequences.
You can be deported, excluded from the country, denied naturalization. You give up the right to appeal. Once you plead guilty, you can never take this off or try to change this. All right. Do you still want to do this? Yes. How do you plead to the offense, sir? Guilty or not guilty?
I'll find you guilty, sentence you to the agreement. I am going to suspend your license for 90 days. Do not drive until you get a license. Good luck to you. Thank you, sir. Thanks.
Um, wait. I'm on Facebook.
Okay, you ready?
Yes, sir.
Mr. Simon, come up.
Hi Owen. Hey, I'm here, Judge. Come on up. Judge, I have a matter on the agenda on your docket this morning.
Last name is Castillo.
First name is Roberto.
Do we Do it already?
Okay, Owen, are you ready to I am, Judge. Okay, Roberto Castillo, come up.
I've been here since 8:00 this morning, so I'm glad to be here. That's okay.
You're not late.
Good morning, Mr. Castillo.
Sir, you stand charged with the offense of driving while intoxicated. You're facing up to 6 months in jail and or a $2,000 fine. We're are going to do probable cause. You have the right to remain silent. Anything you say can and will be used against you. You have the right to have an attorney present and if you cannot afford one, one will be appointed to you, sir. Yes, Judge.
>> Okay. So, on January 1st, 2025 at approximately 4:00 a.m., the officer observed a vehicle traveling eastbound on FM 2920 in Harris County, Texas. The vehicle pulled into a parking lot and then exited the parking lot onto another roadway in an attempt to avoid the officer's patrol vehicle.
The officer initiated a traffic stop on Humble Parkway and upon contact with the defendant, the driver and occupant of the vehicle, the officer observed glossy red eyes, slurred speech, odor of alcoholic beverage, and the defendant stated he had a six-pack of beer approximately 4 hours prior. Standard field sobriety tests were conducted. HGN six out of six, walk and turn six out of eight, one leg stand three out of four.
The defendant was read the DIC and refused breath. A blood search warrant was signed and executed.
>> [clears throat] >> What was the stop for?
Allow me to read the dims, Your Honor, to see the specified So, according to the officer, the vehicle pulled into a parking lot and then exited in attempt to navigate away and the vehicle crossed through the parking lot onto another roadway and That appears to be all the officer put in the dims.
>> Tell me what he did wrong.
What What code What transportation code has he violated? What ordinance, statute? Give me something.
I mean, I can give you a little bit of time if you want.
>> time, Your Honor, so I can look at this.
>> give me 5, 10 minutes, Owen? Sir, you judge, have another case with billing.
Okay. All right. I agree with the court.
Even on the face even if they alleged that he was attempting to if he cut across, there is a violation for cutting across in order to avoid a traffic control device, but they didn't allege that.
All they got is him turning into a parking lot and then back onto another street. So, that's not a That's not a violation. It's like 10 minutes and we can Yes. Go to it. All right. Just take a seat. Don't leave. And then when you come back, we'll finish up.
Okay.
Yeah, that's [clears throat] totally fine.
Yeah. All right. Yeah.
I'm back on Mr. Kestler in seat [clears throat] here. All right.
Yes, Judge. So, Hold on for me. to the crossing the parking lot, it was of the officer's understanding, I spoke with the officer, that crossing the parking lot is a violation because he he crossed right through and the traffic code that we found is transportation code 40.
Did you take a look at this?
Judge, I'm very familiar with this statute in the code.
Okay, what is it? It's section 545.423.
And it's crossing property and it states that an operator may not cross a sidewalk or drive through a driveway, parking lot, or business or residential entrance without stopping the vehicle in it.
The officer said that he crossed According to the deputy, crossed straight through onto the public roadway. And speaking with the officer, he repeated that as well, saying that he was at a slow roll and he just went straight through upon noticing the officer, and that's when he reported the traffic stop as he crossed that parking lot.
An operator may not cross a sidewalk or drive through a driveway, parking lot, or business or or residential entrance without stopping the vehicle.
Yes, Judge. And as the >> never stopped at all? Correct. And as the DIMS states, the vehicle pulled into the parking lot and exited the parking lot in attempt to navigate away from the patrol vehicle. So, he has entered and exited. He didn't stop.
First, Judge, that statute requires that you're doing it for the purpose of avoiding the traffic control device.
There is an additional element. Really?
Yes, Judge. If you If you look at the statute >> Hold on.
>> [snorts] >> There's only It says on that So, that what I read was A. B says an operator may not cross or drive in or on a sidewalk, driveway, parking lot, visitors or residential entrance at an intersection to turn right or left from one highway to another highway.
In order to avoid the traffic control device. Correct. But that looks like it's an or.
Not and.
Or, you know?
Unless you show me Unless you can show me differently. I don't I mean It is an or, Judge. I agree with I agree with that. However, may I address another issue? Of course.
If you listen to the DIMS summary, he says he intended to stop my client to begin with.
Then my client, in order to evade him, rolled across the parking lot.
It As the >> There's no explanation as to why he started attempting to stop my client in the first place.
I read the statute, of course, that that police have many and multifarious functions.
But activating emergency lights and attempting to stop somebody for un some unexplained reason I didn't hear that.
Oh.
Your honor, the Dims reads is certainly interesting. It reads different because it says while the officer was patrolling, he observed the vehicle and it immediately goes into how the vehicle pulled into parking lot exited and attempted to navigate navigate away from the officer's patrol vehicle and after that point it says the officer initiated his patrol lights.
So, he wasn't attempting to stop him at the point that he entered the parking lot. All the officer articulated was that he was attempting to navigate away from his vehicle.
I mean, what it sounds like to me is he sees the officer and just tries to to get away and then the officer sees it sees him do something that's maybe a violation of the transportation code and pulls him over right there.
Had he kept driving and just gone straight, perhaps would have never been pulled over. But, the virtue of the fact that you go and do that you know, if there wasn't a violation, I would kick it all day.
But, I mean they you know May I address one other shortly? Very shortly.
>> Please.
>> [clears throat and cough] >> The way he says in his Dims summary, he says the purpose for crossing is to evade me.
He is thinking this man is trying to evade me. And that certainly implies that he was trying to stop the defendant before the defendant started to turn into the parking lot. Otherwise, why would he say he was trying to evade me?
In other words, if he's consciously thinking this man is evading me, he's doing something that would lead the defendant to that. I I agree with you.
>> So, without knowing it, why? I I I agree with you, but the fact remains is he went through. And it looks like he may have indeed violated that part of the transportation code. Now, pull the video. If the video shows you something differently, come back and we can do PC again. You should know >> [laughter] >> I'm always happy to revisit it, but perhaps if you would have kept going and not done anything not done that, you would not have gotten pulled over.
If you would have and nothing had done there had been no errors, then you you know, what would have happened? Understood.
I'm going to find probable cause for now.
Um what was the last name again?
Castillo. Castillo.
Okay, Mr. Castillo, I'm going to find probable cause.
And let me tell you you speak English, right? Yes, sir. And by no means does this mean that you're guilty of this offense. This just means that there's enough to go forward now. That's all it means.
Um you've got a great lawyer who will handle the case for you. If there always any issues, you guys can come back and re-approach and we can go from there.
I am ordering you as a condition of your bond not to consume alcohol, illegal drugs, or unprescribed controlled medication. I'm going to randomly test you. If I find that you're consuming alcohol or illegal drugs, I'm going to revoke your bond.
>> [clears throat] >> Okay.
As long as you have a valid Texas driver's license and liability insurance, you may continue you may continue to drive. It's all good, Your Honor. Great. You have a lawyer. Because you have a lawyer, I will waive your appearance. You don't have to waste your time coming to court, but just stay in contact with Owen. He will tell you when you have to come back to court. If Owen tells me he can't get a hold of you because you're playing games, I will issue a warrant for your arrest. Do you understand? Yes, sir. Okay.
For now, I'm going to have you sign your receipt. Victoria will have you get with Matt if you're bond conditions and then you guys are free to go. Thank you.
Thanks. Of course.
Right this way.
>> [clears throat] >> Wow, he just picked up an HEB saw that now.
That's awesome.
Christopher Duran We had a lot of issues with him Lori.
Many many issues.
You're going to be on probation.
All right, bring it.
You're not supposed to be Good [clears throat] morning Mr. Lopez.
So you were charged with theft. You're facing up to 6 months in jail and or $2,000 fine. We are going to do probable cause. You have the right to remain silent. Anything you say can and will be used against you. You have the right to have an attorney present. If you cannot afford one, one will be appointed to you, sir.
On December 31st, 2024, an officer was dispatched to HEB in Harris County, Texas regarding a shoplift that had just occurred. The officer made contact with the complainant. The complainant is the manager of the HEB and observed the defendant Diaz and defendant Lopez walk through selecting merchandise and place items inside of a red HEB bag and communicate with one another and place items inside backpacks they came inside the store with and roll up the red HEB bag and place it on the bottom rack of the cart.
Uh defendant Lopez paid for three items left in the cart. Defendant Diaz went inside the bathroom and reemerged after defendant Lopez paid for the items.
Neither defendant attempted to pay for the items in the backpack or the red HEB bag. The complainant locked the produce exit doors and attempted to to the defendants. The defendants split up with respective backpacks. Defendant Lopez carried the red HEB bag and the defendants ran from the store management and security in opposite directions.
Defendant Lopez was identified by his name and date of birth.
Okay.
Mr. Lopez, I'm going to find that there's probable cause to go forward with your case.
The co-defendant is the co-defendant in our court?
>> had him last week. He's He's in here?
Okay.
I'm ordering you as a condition of your bond not to go to any HEB. Do you understand? If I find that you go to any HEB, if I find that you pick up a new case, if I find you have contact with the co-defendant, I'm going to revoke the bond and put you in jail. No more PR bonds. Do you understand? All right.
What do you do for a living, sir? I'm already looking for a job.
I'll have you fill out an application for an appointed lawyer. I am ordering you as a condition of your bond not to consume alcohol or illegal drugs as well.
If I find that you're using, it's not going to go well. Do you understand?
Yes, sir.
Mr. [clears throat] Judge, do you have an important call?
>> [snorts and laughter] >> Is he still on trial?
>> [clears throat] >> Say it again.
Oh, um, Sarah. Listen.
Yeah.
You done?
Yeah. How was it?
It was good.
Wow, congrats. What did you drive?
I drove a Prius. Nice.
>> [snorts] >> Yeah, he was telling me um We're all big friends. Good job. Thank you. Yeah.
Mr. Stoll. I was waiting for you.
How are you, man? You ready? Um yeah, we're ready. Um my internet's not really working the best, but What are we doing?
Oh, uh we're just going to do pre-PC and bond conditions real quick and get uh Mr. Duran out of here.
Good morning, Mr. Duran. Morning.
>> [snorts] >> Mr. Duran, you're charged with racing on a highway. You're facing up to 6 months in jail and or a $2,000 fine. We're going to do probable cause. You have the right to remain silent. Anything you say can and will be used against you. You have the right to have an attorney present. If you cannot afford one, one will be appointed to you, sir.
Okay.
Officers were working in an undercover capacity and they advised They they observed a black Jeep engage in a rolling drag race with a yellow Corvette on an license plate.
Rolling drag race is when two or more vehicles align their vehicles from their moving position while traveling side by side on the public roadway. Vehicles then simultaneously accelerate forward at a high rate of speed attempting to outdistance and outgain each other in a competition of speed. The black Jeep and the yellow Corvette were heading west on the highway at 40 mph >> A Jeep versus a Corvette?
>> [laughter] >> Right.
He he he was in the Jeep.
I see. He was in the Jeep. And um accelerated a high rate of speed of 90 in a 65-mph zone. A hare versus a tortoise.
>> [clears throat] [laughter] >> They maintained visual on the vehicle observing it exit the highway and enter in the parking lot of a Buc-ee's. They approached the driver of the Jeep, the defendant here, um stated he knew why he was in the parking lot and he was just trying to have fun. Right. Your honor, in the Dims report, the officer does get the the definition of of what a what a roll race what a drag race is. However, just after that when he closes the uh you know, the caption of where the the definition is, he never says that he ever witnessed my client and the Corvette line [clears throat] up side by side and accelerate from a point side by side in order to outdistance the other vehicle. Didn't you say that they like kind of >> Your honor, >> slowed to some kind of like next to each other and then they they flew out?
I thought I heard that.
>> Yes, because as the Dims is written, the officer says he observed the black Jeep, the defendant's vehicle, engage in that rolling drag race. Then he goes on to define what he meant by that and that's when he said they slowed and then they went side by side and they accelerated.
I I I think it's a poorly written Dims, in my opinion. Um I think it would have been better had he said >> I guess he's trying to explain to us, "Hey, what this is cuz not many people may know, but I saw them engage in this Yes, sir. And this did just happen 3 days ago, so we're going to wait for the offense.
>> still waiting for the full offense.
And nevertheless, that's what happened is they kind of slow down and then they take off, right?
>> Yes, Judge. Hey, do we have the code of amendment? No.
>> There was I he was the only one. All right. Mr. Duran, I'm going to find that there's probable cause to go forward with the case. Have you guys run his license to see if he has a valid Texas driver license?
Okay.
No more.
610's not the place to do this and I'm making that a condition of your bond.
There are proper places in Houston, but not on our freeways. Do you understand?
I'm making that a condition of your bond. If I find that you're doing it again, the first thing I'm going to do is I'm going to put you in jail. The next thing I'm going to take your ability to drive away. Living in this city without the ability to drive sucks.
All right. Come on. No more. You understand? You've got a great lawyer.
Listen to Mr. Stoll. He'll take care of you. I will waive your appearance. You don't have to waste your time coming to court, but you must stay in touch with Mr. Hill, he'll tell you when you have to come back to court. If he tells me he can't get a hold of you, you pick up a new case, I'm going to end up revoking your bond.
All right, guys. Please.
So, he he can't leave until he signs conditions and then he can leave. Can you file? No reckless, no racing, no stuff like that. No flashing. Et cetera.
Raven Landrum?
Yes, these are for the state. State versus state.
>> [snorts] >> Is it Tyran?
Mhm. No. Yes. Please.
Mr. Collins, you're charged with assault of a family member. You're facing up to a year in jail and a $4,000 fine. We're going to do probable cause. You have the right to remain silent. Anything you say can and will be used against you. You have the right to have an attorney present. If you cannot afford one, one will be appointed to you, sir.
Okay. On December 31st, 2024 at [snorts] 2:35 p.m., an officer was dispatched to 12600 Dunlap Street, Houston, Harris County, Texas in reference to a disturbance unknown weapon call. Upon arrival, the officer made [snorts] contact with the complainant who stated the defendant is her son and that he assaulted her. The complainant stated she lives in an apartment with her two sons. The complainant stated that a month ago she asked the defendant, her oldest son, [snorts] to help pay for rent and the defendant agreed to pay a certain amount. The complainant stated she got tired of asking and told them that she was not renewing her lease. The complainant told the defendant he needed to move out by December 31st. On that day, she arrived at the apartment to turn her keys in and do a walk-through with the complex manager, the witness.
The complainant stated as she was removing the locks from the doors, the defendant pushed her with both hands and punched her in the chest with a fist causing pain. The witness stated the defendant was acting aggressive and was refusing to leave the apartment. The witness observed the defendant push and punch the complainant.
Any dope or alcohol?
Uh no allegations of drugs or alcohol, judge.
Um do we know what she wants? Yes, judge. Um I spoke to her yesterday and she is requesting um no threatening or harassing contact and that he not be able to go near her new residence. Got it. [snorts] Okay, Mr. Collins, I'm going to find that there's probable cause to go forward with your case.
I'm ordering you as a condition of your Well, let's Hold on a second. Let me see.
It looks like a protective order was issued on the 1st of this month. I would get to know it because if you violate this protective order, the state can and probably will file a violation of protective order. It's one of the worst cases you can pick up. You violate conditions on a on a VPO, I can have a hearing and can hold you at no bond.
Zero bond. And I will do it in a heartbeat to protect my community. Do you understand? Yes, [clears throat] I also had a witness too. I was there.
>> Stop. You will get the opportunity to fight. Now's not the time. I got a bunch of DAs here. I don't want you to say something.
You'll get the opportunity. Just now's not the time.
I am ordering you as a condition of your bond not to have any threatening or harassing contact with the complaining witness in this case. Understand what is threatening or harassing. Doesn't matter what you think. I could care less. It's what she perceives. So, if I go like this, is that threatening or harassing?
It most certainly is. And it can be a basis to revoke your bond. Do you understand? Yes.
All right.
Tell me, what do you do for a living, Mr. Collins? I work.
>> [clears throat] >> Do you have enough money in that work to hire a lawyer? No.
Tell me about what you do then.
I work as a HVAC technician.
>> [snorts] >> All right. So, what I can do is I can give you an application. I need you to fill it out. Don't just put zeros because I'm going to send it right back to you. I need you to fill it out. Be honest. I'll take a look and if you qualify, then I'll give you a lawyer. I am going to file conditions that you not have any threatening or harassing contact with mom. It's mom? Yes, mom.
And judge, the protective order um says no going within 200 feet of her previous residence. She gave me her new address. So, if you Do you want to refile it?
We could.
Do you know how to refile it? With the correct address in the moment. Do you want them to go?
>> [snorts] >> And all right, I'll I'll print it out and we'll just amend it. I need to know or I'll give it to you, you put the correct address.
So, Mr. Collins, you're not allowed to go where she lives. Do you understand?
If you go there, I'm going to revoke your bond and I'm going to put you in jail. You need to understand. If you don't have anyone that's going to pony up 5, 10,000 dollars to get you out of jail, you'll be stuck like Chuck in there until this thing is over with.
Consider that when you're out there in the free world. I'm not asking for much.
Just don't become a danger to our public. Don't violate conditions. That's it.
All right. Stephen, do you mind giving him a case number?
Do you mind filing no threatening, harassing contact, and no weapons?
Ruger ready, so So, all they need is the application. You need the application.
>> Okay, it's all so what we'll do, we'll give you just a couple weeks. You got to be here at the next setting. Everything done. We'll send him for a TRS at the next setting and then we'll go from there. Huh?
Yeah? Okay.
Yes, ma'am. Thanks.
Happy New Year, Ryan.
>> [clears throat] >> What's up, man? Happy New Year. I wanted to wait for you so we didn't I appreciate that. Yeah, I have I have Mr. Coleman. He will wait PC on it. That's All good?
Any any priors? No. He did the PR first.
Okay, so just same as usual. Just no drugs, no alcohol, no driving without a license, no driving, and all that jazz.
Done. All right, thank you very much.
Good to see you. You too.
Yes, sir.
Say it again.
Okay, I'm ready when you are.
>> Is this a true first?
Right, but it's not a second though.
It's not a second.
All right.
Good morning, Ms. Smith.
Ma'am, you were charged with driving while intoxicated second offense. You were facing up to a year in jail and or a $4,000 fine. Looks like you guys have worked the deal of the century because they're going to reduce it to a first, which I don't know if you realize this, but this bypasses the minute mandatory five minimum in jail that you would normally be doing. So, understand that this is a big big one, but >> [clears throat] >> you still have to understand one and one are two. Two and one make three. What happens on the next one?
You were looking at a felony charge, a minimum of two years in prison, a maximum of 10 years in prison.
All officers will presumably do look at your record. If you get pulled over, they smell alcohol, boom, right back in.
If I were you, even if you've had a sip of alcohol, I would never get into a car because you were taking a humongous risk. Do you understand me?
It is a very very serious business.
The agreement that you worked out is they're offering you 180 days in jail to be probated for [clears throat] 15 months.
For you to complete this probation successfully, you must do a repeat offender DWI education class.
You must do two victim impact panels.
You must also do a T-Ras, which is an evaluation to see what other conditions you may need. If they assess further conditions, you must fulfill those. If If don't, then into jail you go. If you consume alcohol while you're on this probation, if you pick up a new case, if you drive when you're not supposed to, your bond will We're going to issue a warrant for your arrest, put you in jail, I'm going to bring you back out here, we're going to have a hearing to see whether you violated the probation, and you're looking at 180 days in jail.
Do you understand? Yes.
>> [snorts] >> You are giving up the right to a trial, right to compel witnesses to testify on your behalf, confront and cross-examine your accusers. If you're not a citizen, there are possible immigration consequences. You could be deported, excluded from the country, denied naturalization under federal law. You give up the right to appeal. Once you plead guilty, there's no turning back.
It will go on your record. It's going to stay there for the rest of your life.
Is this what you want to do, ma'am?
How do you plead to the offense, guilty or not guilty?
I'm going to find you guilty. You must also have and complete substance abuse treatment, no drugs, no alcohol. You must maintain a Guardian Interlock and no breath test refusal, meaning that if you're pulled over in a car and an officer asks you to submit to a breath test, you must do it. If you don't, you're in violation of the probation.
Alex, can you see if she has a license, please? Yes, Judge.
>> [clears throat] >> It's valid, Your Honor.
No.
Okay. We can reduce your fees to the minimum Thank you. and we'll waive the court costs and all of them.
>> [snorts] >> Thank If you ever have any problems, come back and talk to us. But the worst possible thing that you can do is just take off.
If that it just it assures a warrant will be issued. The other thing is don't use alcohol.
Do you understand?
Okay, ma'am. How do you put use She said guilty, right?
Okay. All right, good luck, ma'am. We'll have you see probation officer. All right, thanks.
>> [snorts] >> You know, she needs a guardian interlock before she starts driving. Do you Do you have Does she have a portable or what does she have?
Okay, you're you cannot drive.
I have both devices. You do? You have one in your car as well? Okay.
You must maintain that one in the car. I will take the portable device off now.
You got to understand though that bless you.
I can't pay [clears throat] for the device anymore though. Once you get on probation, I've been paying for it for you for both devices now for you, but once you get on probation, I can't pay for it anymore. You're going to have to pay for that yourself, but I have waived a ton of fees. I mean, what I've waived around $5,000 in fees for you now that you would otherwise be responsible for. So just be careful.
Don't use and if you ever have any issues, talk to Josh, me and we can help you out.
Um as far as the interlock device, um I will learn from them how much it's going to cost or how does that get decided?
>> As far as the logistics are concerned, I don't know.
Um Yes.
Yeah, I I don't know. I mean I already own this, so I guess I'll just keep the one that's Yeah, if you don't pay, it's going to go into lockout and if it goes into lockout, a warrant issues. So just make sure that you get everything done well, so you know when to start paying for it. Okay? Okay, guys. All right. Thank you, man. And good luck.
>> [clears throat] >> 30? I think What's What's the minimum?
What, 25 or is it 30?
Okay, then do the minimum with the 25.
I just had a I had a question about Francisco Garcia on docket.
Is Is it on docket today? Yes, Your Honor.
Is he in custody or on bond? In custody.
Got it. Yes, sir. Page 35, Your Honor.
Thank you. I saw that it was set for bail review and he had submitted a waiver yesterday of the bail hearing in court eight, but I didn't know if we needed to see Um Let me see. I can do it for you.
Let me see.
How did he transfer that such a late I mean, it's 125 days old.
Well, it's weird, right? Felony stale pie includes assault and so I don't know if they are co-defendants in A, but Mm. There's issues there.
If they're trying to separate them, maybe.
Oh, is this Is this with Yes. Cordova? Yes.
Got it. Okay.
Okay. Yeah, just So, the felony set for the 10th.
Do you want to do a couple days after or do you want it longer? I don't know.
A couple days after is Okay. Yeah, whatever whatever he wants.
Yeah.
Okay. Thanks, Judge.
Yeah, I'll do it.
>> [clears throat] >> You ready?
Yes, Judge. Let's roll nerves. In the back room.
All right, let's turn to page four. Bendy, come on up.
Hold on a second.
Um, bear with me. So, just go ahead and take a seat. I'm going to wait for your lawyer to get here. You have a lawyer, right? Okay, we'll wait for him to get here. Thanks.
Okay, go on to the next. All right, let's turn to page five. Brady, come on up.
Good morning, Mr. Brady.
>> Good morning.
Mr. Brady, you are charged with driving while intoxicated. It's first offense, it's elevated to a class A misdemeanor, so you're facing up to a year in jail and or a $4,000 fine. We're going to do probable cause. You have the right to remain silent. Anything you say can and will be used against you. You have the right to have an attorney present. If you cannot afford one, one will be appointed to you, sir.
Okay.
On January 1st, 2025 at approximately 12:33 a.m. at 14239 FM 2 2920 Tomball, Harris County, Texas, an officer observed a vehicle traveling eastbound with expired registration as of February 2024. A traffic stop was initiated. The officer made contact with the defendant, the driver and sole occupant, and ID'd the defendant by Texas driver's license. The officer observed the defendant to have glassy red eyes, slurred and delayed speech, the odor of alcohol upon the defendant's breath, and the defendant fumbled with his wallet and pulled out his credit cards when asked for his driver's license.
The defendant stated he had two glasses of wine 1 hour prior. The defendant asked that if the officer asked the defendant to step out of the vehicle and the defendant was unbalanced while stepping out.
SFSTs were conducted. Six out of six clues were observed on the HGN test. The defendant was unable to perform the walk and turn and the one leg stand. The DIC was read to the defendant and at Humble City Jail and the defendant consented to a breath specimen. The results were.218 and.208.
Any prior DWIs?
Do you mind looking, please? No criminal history, Judge. And you ran his license.
Does he have a valid license, please?
>> [clears throat] >> Mr. Brady, I'm going to find that there's probable cause to go forward with your case. I am ordering you as a condition of your bond not to consume alcohol, illegal drugs, or unprescribed controlled medication. I'm going to randomly test you. If I find that you consuming alcohol or any kind of illegal drugs, your bond will be revoked. You will go to jail.
Do you understand? Yes, sir. If you have a valid Texas driver license, you may continue to drive, but you must maintain liability insurance as well. If you do not have either, you are not allowed to drive. Do you understand? That is also a condition of your bond as well. Yes, sir. Tell me, uh what do you do for a living?
I'm a truck driver.
Did you want to apply for an appointed lawyer?
I Your Honor, I don't have a a lawyer. I need the court to appoint one for me, Your Honor. I need you to qualify, though. So, what I can do is I can give you an application. I'll take a look. I need to know everything about you. Just put it on the paper. I'll take a look if you qualify, I'll give you a lawyer.
Okay? Yes, sir. Please. His driver's license is eligible. Great. Okay. Got you. Please.
All right, Judge. The next is page 10.
Colin, come on up.
>> [clears throat] >> Page 12, Spanish speaker.
Diaz Jimenez >> [clears throat] >> Just use the page 12.
Yes.
Good morning, Mr. Diaz Jimenez. Good morning, your honor. I I understand English.
>> [clears throat and cough] [snorts] >> It's So, do we want to do him later and we'll do the other Spanish speakers and we have Blossom? Okay. All right, just take a seat for me momentarily. We'll We'll help you out here momentarily.
>> [cough] [clears throat] >> McKenzie, can I get this to you to put the right I just do my Sorry. Thanks, guys.
Thank you.
Dela Cruz, come on up.
Okay, 11.
Good morning, Ms. Dela Cruz. Good morning. Ma'am, you were charged with an unlawful carrying of a weapon in a public place. You are facing up to a year in jail and or a $4,000 fine. We're going to do probable cause. You have the right to remain silent. Anything you say can and will be used against you.
You have the right to have an attorney present. If you cannot afford one, one will be appointed to you, ma'am.
Okay, guys, please.
Your honor, on December 31st at approximately 11:37 p.m., officer was dispatched to a weapons disturbance at 1111 Gross Street apartment 1111 Houston, Texas. We informed the officer Witness informed the officer that she was outside and heard a gunshot and looked to the left and saw defendant, witness's neighbor, waving a gun in the air toward the kids in the playground and toward witness's group.
Witness stated that defendant left location and returned yelling and waving the gun in the air and pointing it all around the apartment.
We recorded the interaction Witness [clears throat] recorded the interaction with the defendant pointing the gun and trying to shoot it but nothing came out at the time.
Another witness informed officers that she heard a gun heard a shotgun shot then observed defendant waving gun toward a basketball court in park where there were kids.
Defendant then ran into the house.
A third witness corroborated both accounts. Witness number three also recorded the incident.
Defendant was ID'd by eyewitnesses a mugshot. Defendant was found sitting on her porch and observed the officer observed strong odor of alcohol. Okay.
And the officer found a casing >> so AB, is that what it says? Yes, sir.
Strong odor of alcohol on her breath.
Yes, your honor.
So, did she actually get a shot off? Did you have >> Judge, the officer found a casing in front of her apartment. Do you have anyone that saw them?
Nobody that physically saw her get the shot off, just they heard the shot and then they saw her waving the gun around after that.
Ms. Dela Cruz, I'm going to find that there's probable cause to go forward with your case. I'm ordering you as a condition of your bond not to consume alcohol, illegal drugs or unprescribed controlled medication.
If you have a problem with drugs or alcohol, you better address it because if you don't, I'm going to do it and you're not going to like the way that I do it, ma'am.
Stop. I don't want you to say anything.
I'm just telling you what the expectation is here. I'm going to protect my community at all costs. I don't care what happens, with who it is, what color, small farm animal, I don't care. I'm going to protect my community.
You're not to be in possession of any weapons as well. If I find that you have a weapon, likewise, I'm going to revoke your bond, put you in jail and I'm going to I'm going to raise the bond. I'm not asking for much.
>> [snorts] >> Tell me what you do for a living, ma'am.
Do you have the ability to hire a lawyer?
Right now, um Do you have the ability to hire a lawyer? Yeah, well So, I might if I need to, but I I to ask for a court-appointed at first. So, let's do this. I can give you an application to fill out. I'll take a look and if you qualify, I'll provide you a lawyer. But, I need to know everything about you and just fill it out honestly.
You don't have to tell me. Just put it on there.
I need numbers though. Give me numbers, I'll take a look and if you qualify, I'll provide you a lawyer.
You're going to meet with Felicia for your bond conditions.
No. Felicia for your bond conditions.
No alcohol. Do you understand me? No weapons. That's all I'm asking you to do and don't pick up a new case. Okay. Take a seat, please.
Was that pre-trial bond conditions or Yeah, with Felicia. No.
We're going to monitor, make sure she's not using.
Next judge is Hold on. Hold on.
Hold on.
Do you have an arraignment?
All right.
You ready? Come up to the stand.
How are you? I'm good. How are Great to see you. What's new?
Happy New Year. Thank you.
Please tell him Rabbi to I'm I'm ordering you as a condition of your bond not to drive like this again and if I find that you're driving like this or you pick up a new case, I will take your ability to drive away and I'm going to tell you living in a city as big as Houston without the ability to drive blows. It's awful.
Try living without me driving. It's it's terrible. So, just don't, you know, please. Your honor, the speed's not specified in the OR. I I [snorts] mean, I think that there's enough to go now for probable cause. Just be careful.
You've got a great lawyer. She will take care of you. You must listen to her.
Because you have a lawyer, I will waive your appearance, but you have to stay in touch with her. If she tells me she can't get a hold of you because you're playing games, I'm going to issue a warrant for your arrest. Don't pick up a new case and not on 16. All right.
We're going to craft bond conditions for you to sign. Once you sign them, after that, you'll be free to go, okay? All right. Thank you, Mr. Estrada.
It's no reckless driving, racing, um you know, donuts, street takeovers, and the like like that.
Okay.
Please.
No driving like Batman.
Thank you.
So, can you follow those conditions do you mind, please?
You are Diaz Jimenez, correct? Yes, your honor. Mr. Diaz Jimenez, you're charged with driving while intoxicated you're facing up to 6 months in jail and or $2,000 fine. We're going to do probable cause. You have the right to remain silent. Anything you say can and will be used against you. You have the right to have an attorney present if you cannot afford one, one will be appointed to you, sir. Yes, Judge. On January 1st, 2025, the officer observed a vehicle on the 19700 block of US Freeway 59 make a last-minute lane change and cross the solid white line. Once the lane change Once the lane Once in the lane, the vehicle failed to maintain a single lane and touched the white line multiple times. When the vehicle came to a red light, the vehicle stopped much slower than prudent and slowly inched up to the stop line. Once at the stop line, the vehicle proceeded past the stop line with the entire vehicle nearly past the line and in the intersection. The vehicle then accelerated through the red light, running the red light, and a traffic stop was then initiated. The vehicle failed to maintain a single lane multiple times before stopping, and the officer made contact with the defendant, the driver and sole occupant of the vehicle. The officer observed the defendant to have an odor of an alcoholic [clears throat] beverage, slurred speech, and red glossy bloodshot eyes. The officer asked if the defendant had any alcohol to drink, and the defendant became belligerent and refused to answer. The officer observed a strong odor of an alcoholic beverage, and the defendant agreed to perform standard field sobriety tests, but walked away and refused.
The Based on training and experience, the officer believed they lost the use of mental faculties and physical faculties, and the DICs were red.
However, the defendant refused breath specimens. A blood search warrant was signed and executed. Got it. Any prior DWIs?
Can you check, please? [clears throat] >> There was a prior in 2017, Your Honor.
Out of Oregon, Judge. Okay.
Mr. Diaz, I'm going to find that there's probable cause to go forward with the case. I'm now placing Can you run his license, please? Yes, sir.
I'm now placing a restriction on your license. You are not allowed to drive any vehicle that doesn't have an ignition interlock on it. If you're caught driving a vehicle that doesn't have an interlock, I'm going to put you in jail by revoking your bond and raising it. Do you understand? Yes, Your Honor.
>> [snorts] >> We don't have a license on file, Your Honor.
If you do not have a license, you are not allowed to drive and I'll have you sign an affidavit with me today promising you're not going to drive. I don't care if there's a burning building and you have to save 50 children. If you don't have a license and a guardian interlock on your car, you are not allowed to drive. Do you understand?
Yes, I understand. You'll be randomly tested also to prove so that we know that you're not consuming any kind of other substances as well. [snorts] Tell me, Mr. Diaz, I'm going to ask Do you have the ability to hire a lawyer?
Okay. If you ever have any issues, come back and we can talk about giving you an application for an appointed lawyer.
But, I'm absolutely serious when I'm telling you I'm going to protect my public at all costs. Every single day there's a death in Harris County due to alcohol.
You understand? All right. I'm going to have you come up here, swear to us. I'll get you to Victoria to sign a receipt.
You'll get with Maddie for your bond conditions and after that you'll be free to go.
Please.
>> [snorts] [clears throat] >> All right, Judge. Next is page 12, Duran. come on up.
>> [clears throat] [cough] [clears throat] [laughter] >> Just go ahead and take a seat here.
We'll wait for your lawyer to get here.
All right, sir.
>> [clears throat] >> Page two, Angel.
Arissa Angel.
Judge, this one bonded out.
Sir, step over this way and come to the two of us.
Say it again. Uh page two, Angel.
Good morning, Miss Angel.
Ma'am, you are charged with theft of service. You're facing up to 6 months in jail and or $2,000 fine.
Do you have a lawyer today, ma'am?
Let's do this. I will I'll provide you one today. Let me have you take a seat in the jury box and we'll see where we go. Your case is extremely old and I don't know where we're going to go from here. So, let's do this. I'm going to have you provide your lawyer today. We'll have you talk to them and we'll go from there. Just take a seat for me in the jury box, please. Thanks.
Should we have two more but the attorneys are not here?
Okay, let's let's wait.
Any THAs?
Yes.
No, no, no.
Mhm, okay.
Morning.
How are you? Doing well. Good to see you again. Jamila, what you got? Uh Erica Angel.
Okay, so I got she's here and she's lost right now.
Um So, over case? Yes. So It's really, really old.
Do we have an Do we arrested for this and then subsequently deported.
Uh she was confused as to >> You say she was deported? Yes.
>> [laughter] >> She arrived in the United States at the age of four in the Dallas area. And it was a It doesn't matter. I just Where are we going?
Essentially is what I'm at.
>> speaking with the uh chief and we come up with a PTI order to complete in order to have the case dismissed. How um what are the requirements? Uh she's going to have to uh write a letter uh describing what occurred and also take a class and community service.
Okay.
Um how long do you want?
30 days. Okay.
The PTI or PTI? Yes, I did. And then because of age is and I mean, if you're telling me that's what it is, I trust you, right?
Because I just don't know. Come on, ma'am.
He's really secured you a great deal.
This is a tape This is the type of case that can really ruin just anything really. So, this is a way that if you complete it successfully here, it'll get dismissed. But, I'm not giving you a lot of time just because the case is nearly, you know, it's nearly 800 days old. So, what we'll do is we'll set you up 30 days. Everything must be completed by that time.
Do you understand? Can you get it done?
Yes, sir.
Okay. If you ever have any issues, he's great and you know, he'll contact you.
You can always come back here talk to us, but there's not much that you have to do, really. Okay. Okay, guys.
Thank you very So, I'm not going to wave it at the next setting. She's got to be back if she hasn't completed it and then we'll go to the next. All right. I'll get that done before then. Okay, thanks.
All right.
Yes, ma'am. Just were there going to be any bond conditions?
Are there bond conditions here? Yeah, where is it Where is it from?
>> [clears throat] >> Thank you, Victoria, for that.
It appears to be just a private title transfer between her and the complainant is.
>> [clears throat and cough] >> So, I guess I'll just do no contact with the complaining witness, then.
Yeah, that's what it looks like. Okay, so what you're not to have contact with the complaining witness in this case, okay? I know, just Yeah, okay. All right. They'll file the condition, we'll have you sign it and after that you'll be free to go, okay?
Thank you very much for all your patience.
If you can file it. Yes, yes.
After the plea on Yes, I chose. Good morning. How are you, man? Good morning.
How are you? Good, thanks. Yes, sir.
>> [clears throat] >> Cervantes. Okay.
Good morning, Mr. Cervantes. Good morning.
Sir, you were charged with driving while intoxicated.
It's elevated to a class A misdemeanor because of the high blow.
You were facing up to a year in jail and or a $4,000 fine.
You guys have worked out an agreement where they're offering you 3 days in jail with credit for the 1 day that you've done.
You need to understand that you are making a lifetime decision right now.
This DWI is going to go on your record.
It's going to be there for the rest of your life. It's even there after you die.
This is important because if you ever get pulled over in a car, the first thing officers do is they look at your record.
If they see a prior DWI and they come to you and they smell alcohol, what's the big probability of something happening?
What do you think?
They can arrest me.
Right. And they can possibly deport me.
That's what I'm saying.
So, if I were you, I would never, ever, even if you've had a sip of alcohol, get into a car and drive because you are taking a humongous risk.
Do you understand?
Yes. You give up a lot of rights by entering to the screaming. You give up the right to a trial, right to compel witnesses to testify on your behalf, confront and cross-examine your accusers. If you are not a citizen, there are possible immigration consequences. You can be deported, excluded from the country, denied naturalization. You give up the right to appeal. Once you plead guilty, it will go on your record and you can never take it off.
Is this what you want to do? Yes, I do.
Yes, [clears throat] I do.
I'm guilty.
I'm going to find you guilty. I will sentence you to the agreement. I'll sentence you to 3 days in jail, credit for 1. I am going to suspend your license for 90 days, sir. Do not drive until you get a license.
What do you do for a living, sir?
Cleaning carpets, shampooing carpets.
What kind of money do you make a month?
6,000 6,000 6,000 Okay, [clears throat] there is a fine and fee that you'll be required to pay because you're not indigent. So, he's got to pay the fine and fee.
Um It is a $3,000 surcharge that you're going to be required to pay, but I will I will make it 2 years for you to pay.
You need to understand, if you pick up another DWI, it is a $6,000 surcharge that you will be required to pay, not to mention court costs. So, you will roll out here if you pick up another one at least 6 to 7,000 dollars. You need to understand one more thing, because this is a conviction on your record. From now on, you are facing a minimum of 30 days in jail for any cases that you pick up here.
You do that kind of jail time, and you're not in this country with permission.
Hope you understand what happens.
I'll waive the court costs, okay? But All right, good luck to you, sir.
>> [clears throat] >> Yeah.
So, we waive the court, but it's yeah.
Brilliant.
You're Brian Gorilla.
Gorilla? Okay. Order in the court, please.
I guess it's old, that's why. Yes, it's just 171 days old. Okay.
Where are we headed? We're still waiting on flood.
Some wildlife is 86, so I've given the DA's office room because they're telling me they're having trouble getting it.
>> Uh Alex, what's the word on the bird?
Man, everything's taking forever lately.
They got to get the blood to the mean the blood needs to get there immediately. You can't just hold on to it because then there's issues then. So, I got to imagine they probably turned it in rapidly. It's not they're not the ones who are going to do the analysis.
It's the Yeah, so Was it back in Yeah, July was back whenever it was submitted and we're just waiting on the actual results of the analysis, but we get it was submitted back in July. So, that agency I guess it's just taking a while to perform the analysis and get us back the results.
Who? Because it usually goes to just one agency, the Houston Forensic Center.
Right?
But they're not going to do the analysis. Parks and Wildlife not going to do it.
I can't imagine that Parks and Wildlife has the equipment to do something like that. It appears they submitted it to the DPS Crime Laboratory. So, we'd have to reach out to them directly and see I'll do that. Let's set it up.
Okay.
Do you actually have it?
Analyze it? Where we at? And then let's come back in a week and see. And I'll waive the appearance. Okay, for sure.
A week, please.
Okay, permit.
Hey, bud. Yes, three. Three. I'll be brief.
I'll be seeing you in a while.
How are you? Yeah, yeah, yeah. They're great.
Yeah, I like them a lot.
Yeah, nice. That's what we were talking about. That's fine. Yeah, I still keep up with with the brother. Still hanging out with him, you know?
30 years?
Um, I got Who's first? Let's try Ferafino. That'll be the easiest one to evaluate. You said You said Ferafino?
Ferafino, yeah.
I could say it more in an Italian accent. [clears throat] I mean, it's not old. I mean, I don't care unless it's old.
Um, go shoot the messages on the next one. Sanchez de Armas. Okay.
Past an evaluation, but no one's actually seen the video.
>> It's only 150 at the time.
Okay, but I It's 150, so let's do 2 weeks for you guys to eval.
And at that time, come back. If they don't want it, we need to know what you guys want to do with PTI or what.
So, on Ferafino, just a normal reset because it's it's early.
Cuz it's going to be a mitigation if Of course. Sure.
Do you want to On Sanchez, you want to do it now?
Got it. Okay.
>> [clears throat] >> On Sanchez, um, 2 weeks state to eval. You have another one with Viegas, same thing.
State to eval, 2 weeks. We're going to come back for both, and Viegas.
When we come back, they'll do what they want to do, and then if not, then Yeah, okay.
How about now?
Hi Marcus.
How are you, man? Good, man. Good, sir.
Sorry. Tell me what's going on.
Um, Gonzalez Fernandez is who we're on, Judge. Okay. Um, he's done mitigation, Tiras, and everything. We're just waiting on him.
Wait.
Where we at?
He's in line for PTI approval. He had submitted stuff.
Um, Alex, what say you?
Trying to see what the last correspondence was.
>> [clears throat] >> Did you just submit it? No. No, we had submitted it. Um I'm trying to remember.
If you just submitted then I would have given them time, but if you've it's been a while then I'm going to jump on, you know.
>> [clears throat] >> So we're saying the last email we have from Nathan was back in November and we don't have any follow up in regard to any issues he may have had with the approval process, so and then as you know, Nathan's no longer here.
>> So I guess let's set it for a week. I'll burn it a bit. Burn it a bit? Yeah. Can you eat them out? Yeah, I'll follow.
That's the problem. And then I'll keep it waved.
Okay. I'll follow and burn it. Okay.
Judge, appreciate it. Thanks, brother.
All right, let me I'm calling.
Give me a second then.
Yes, this is Judge Fliehr from Court 5.
Can you um tell Colin that I need to talk to him, please? He was in here earlier and I just thought of a couple things and I need to talk.
Please.
He can call me on this number. This is my cell phone.
Do you have it?
He can either come here or just call me, whatever he wants. It doesn't matter, but I just want to I need to talk to him, if you don't mind.
Okay.
Uh did it come up on the caller ID?
Okay, give me a second.
>> Not Trey up.
That was calling.
Straight straight not Trey up.
Run a train.
Okay.
Judge height or approaching on James Schwartz the DA's going to go try some ribs right now. Schwartz. Yes. I have to approach just cuz of the age of the case.
You want to try real quick? Yes, that was my plan. Okay, go for it. Kim, do you got a sec?
Uh yes. Yes, I'll wait. I'll wait. Just for Good luck, Judge.
Judge, how you doing today?
Have they not accepted the filing? Is that what you're saying? I think I looked at it. It's It's It's accepted now. I I just didn't get a notification that it was accepted. Um but it's it looks to be a like an active case on the clerk's website.
Can I give you Steph? Do you mind?
It is an active case.
Okay, so we're good?
Judge, I just need you to approach on it. Uh the the only issue is with the interlock device. She can't go get it because the driver's license is suspended. She has an appointment on Friday to get it installed, Judge.
Okay, I guess I'll I'll grant it when she gets it, you know.
So she needs to take someone else to have someone else go to the uh facility with her.
So she's not driving. Have it installed and bring proof on the 14th when you're on the docket.
Okay, that's fine. I'll Can [clears throat] I approach on Friday after that?
Sure, anytime. Okay.
All right, thank you, Judge. I appreciate it. Have a good >> Your Your client said on the docket the occupation's on the docket for the 14th.
Okay.
>> So, if you have her here on the 14th with her doc with her proof that'll be uh fine.
>> I'll try to I'll try to get it before all done on Friday. Okay, uh she needs it to go to work, but I understand.
Just come in anytime we can take care of it for you, Scott, really. All right, thank you. I appreciate it, Judge.
>> For sure.
>> Thanks, buddy.
>> Thank you.
Bye.
So, two settings ago, you asked the state to submit to the sheriff's office.
Am I on the record yet, Judge?
Yeah, it's on the record.
All right, we're going on the record.
Please do not speak. If you want to speak, go outside.
We are on the record. It Today's date is January 8th, 2025. It's approximately 10:01 in the morning.
Wednesday, January 8th. Guys, if you would be so kind to please identify yourselves for the purpose of the record.
Kelsey Siegler for the state.
McKenzie Watson for the state. Colin Evans for the defense.
And um I have a Miss Castillo who's on the docket. The case is 228 days old.
I'm going to allow you to go, Mr. Evans, please.
>> [clears throat] >> Um so, Judge, I uh I substituted in on this case uh several months ago.
Uh our previous lawyer had not done much work, but I immediately uh requested discovery. I uh I have issued a subpoena in this case for personnel records from uh from a Deputy Joel Martinez, who's the arresting officer.
Uh, I was provided with a Brady disclosure and some follow-up documents on several suspensions that he has had.
Uh, one of the suspensions came from uh failure to perform duty, uh which >> [clears throat] >> according to the department policies, it the the failure to perform duties an employee uh who may be deemed negligent or incompetent uh and and uh fails to assume responsibility or exercise diligence, intelligence, and interest in the discharge of duties.
Uh, we've got uh other suspensions for failing to write reports on time. It basically just a a pattern of conduct from this officer.
Uh, I want his personnel file to see if there's other issues that he's had that may not have risen to the level of a suspension according to the Sheriff's Office policies. Uh, I found in other cases where How do you have what you have now? The state has provided that.
The the District Attorney's Office. The Sheriff's Office has not >> [clears throat] >> provided me with the records of the subpoena.
>> [snorts] >> Do you know if they are in possession of any other records? It's my understanding that yes, they they are, but they're working on getting it together.
Do you have a an idea of when? Have they reached out to you to let you know?
Have you reached out to them?
State.
What do you know? So, Morgan did her due diligence. We've reached out to Alma Martinez, who's the in charge of all disclosures at the office. My understanding is once we do that and then she says there's nothing else, there's not really anything else we could do. We did show or share all of the disclosures that we do have, all the documents.
Um and further with the subpoena issues we're still We did subpoena her to come today, right?
Um it was still in progress as of January 6th. The subpoena um We weren't quite sure who to subpoena um from my conversation with Morgan because we've been in contact with the paralegal from the Harris County Sheriff's Office.
And we have asked who we should subpoena in this case and we >> Who is in charge of Who's the custodian of personnel files?
And that's something that we're still trying or sorry.
>> Yeah, we don't know who that person is.
And if I may judge, at the last setting you asked the prosecutor to subpoena someone from the Sheriff's Office legal department.
And she was in the process of doing that subpoena on the 6th. That was a Monday.
Yeah.
The only thing I can tell you is that if you want to set this case for trial, set for trial. And if you don't get what you asked for, then Hey, you know. But I don't know. We've gone round and round with them. I mean, there's got to be another file, I would imagine, right?
That's Right, Your Honor, but all that we can do is really reach out to Alma Martinez and then if she doesn't have anything, Who is this person? She just works with the office. She's like in charge of all the disclosure databases and tells us if there's other people.
>> She works with the Harris County Sheriff's Office? No, but but yes. The DA's office. Okay, so Do you want to find out who the proper person to subpoena is and we can try to find and get them here?
I subpoenaed the Sheriff's Office, the the custodian of records for these records that I'm looking for. Did you put like date certain for them to be here?
>> September 19th.
To be here?
>> up.
They're still under the subpoena.
And you asked the state to get some of them >> when I'm looking at the sub-
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