In criminal sentencing, judges have the authority to impose strict conditions beyond the legal requirements, including mandatory employment, community service, and accountability measures, to ensure defendants take responsibility for their actions and contribute to society through restitution and rehabilitation.
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He Ran Over A Girl With Car | Then Left Her There To Die — Judge Responds BrutuallyAdded:
But to say that the accident that I had to endure was a miserable hell for me financially, physically, and a lot more mentally. I had to get surgery on my left eye. I have a metal plate holding my eye in place. I had surgery on my right leg.
>> But you you basically living what I call the soap opera lifestyle. You know what a soap opera lifestyle is? Have you ever watched a soap opera? All my children are selfless.
>> Well, let me just tell you what happens on self opera 21 CR9979 state of Texas versus Cornelius Johnson.
I'll bring it off the record.
Uh Lauren can be placed in the >> Oh, okay.
>> All right, judge.
>> All right. Thanks.
>> Um our victim has a statement that she wants me to read out just so you know.
Okay, sure.
>> All right, we're back on the record. Can I have parties announce for the record for the statement of East Parks?
>> Reporter for Mr. Johnson.
>> And are you Mr. Johnson?
>> Yes, sir.
>> All right, defense, I'm showing you the acknowledgement of discovery. Have you received all the discovery in this case?
And did you review with your client?
>> I did.
>> Court will find that the state is in compliance with discovery. Mr. Johnson, I'm showing you what's entitled application for probation. Did you review that with your attorney? Did you understand it? And did you sign it?
>> Yes, ma'am.
>> All right. Next, I'm showing you what's entitled True Bill of Indictment. Did you review that with your attorney? Did you understand it?
>> Yes, ma'am.
>> Council, do you wave the reading of the indictment?
>> I do.
>> See, are you proceeding on the indictment as presented?
>> Yes, judge.
>> All right, Mr. Johnson, I'm going to show you what's entitled admonishments and defendants wavers and affidavit of admonitions. Did you review that document with your attorney? Did you understand it? And did you sign it in all the appropriate places?
>> Yes, ma'am.
>> Did you understand that you're charged with failure to stop and render aid serious bodily injury as a thirdderee felony? The range of punishment for that offense is anywhere from two to 10 years in prison and up to a $10,000 fine. Did you understand?
>> Yes, sir.
>> If you have a plea bargain agreement with the state, the court does not have to follow your plea bargain agreement.
If for any reason the court does not follow your plea bargain agreement and gives you more than you bargain for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea. Did you understand?
>> Yes, sir.
>> Did you understand? You have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state will call and the right to remain silent?
>> Yes, ma'am.
>> Did you understand by airing this plea bargain agreement, you were giving up those rights?
>> Yes, ma'am.
>> And did you intend to give up those rights and enter into a plea bargain agreement in this case?
>> Yes, sir.
>> Council, has your client been able to provide you with any defenses to this offense?
>> Yes, sir.
>> Do you believe he has a rational as well as a factual understanding of the charges against him?
>> Yes, sir.
>> Do you believe he's currently confident was legally saying at the time of the offense?
>> Yes, sir. Mr. Johnson, has anyone threatened you, forced you, or place you in fear to get you to enter this plea?
No.
>> Has anyone promised you anything other than the plea bargain agreement? No.
>> Are you satisfied with the way you've been represented?
>> Are you a US citizen?
>> Yes, ma'am.
>> Court will find that defendant has no only and voluntarily wave his right to jury trial. Show you the plea bargain page. Did you review that with your attorney? And did you understand it?
>> Yes, ma'am.
>> According to the plea bargain agreement, punishment is be assessed at 5 years in the prison. The state is recommending community supervision. There should be restitution of $2,636.73 to Hannah Ebby uh H A N Ah, last name Ey. There's to be restitution payable under 2021 CR9 979 which is this case and there's be no contact with Hannah EBI. Did you understand that to be the plea bargaining agreement?
>> Defense is at the plea bargain agreement. state is that the pre-burn agreement? Yes, sir.
>> Next, I'm going to show you the paragraph entitled waiver appeal paragraph. Did you review that paragraph with your attorney? Did you understand it? And did you sign it in both places?
>> Yes, sir.
>> Did you understand by signing that you're waving your right to appeal? The only items that can be appealed are written pre-trial motions that are filed, heard, and ruled to the court.
Did you understand?
>> Yes, sir.
>> Council, have any such motions?
>> Next, I'm showing you outside the plea bargain agreement. The state is requesting that your community supervision before a term of 5 years.
There be a tap evaluation and 120 hours of community service restitution. Did you understand those are recommendations from the state? The court does not have to follow those recommendations.
>> Yes, ma'am.
>> Then to the offenses charge in indictment, how do you plead? Guilty, not guilty, or no contest?
>> No contest.
>> State any evidence?
>> Yes, sir. State offer states exhibit one and all attachments.
>> No, >> Mr. Johnson, I'm going to show you what's entitled wavering consent to stipulation of testimony and stipulations. Did you review that document with your attorney? Did you understand it? And did you sign it in all the appropriate places?
>> Yes, ma'am.
>> Again, did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state will call and the rights remain silent?
>> Yes, ma'am.
>> Did you understand that today the state will be presenting evidence in the form of witnesses statements and police reports, but most importantly, there will be no live testimony. Did you understand?
>> Yes, ma'am.
>> Court will find that defendant has no voluntarily waving consent to stipulation of testimony and stipulations. Court will accept into evidence states exhibits one in attachments and review the same.
>> Yes, ma'am.
>> All right. After reviewing states exhibits one and attachments, the court will find there's sufficient evidence to find you guilty and the court will find you guilty. Are we proceeding with sentencing?
>> Please, the court.
>> Is there anything you wish to say on behalf of your client?
>> Uh, yes, sure.
I'm not sure if it really reflected what really transpired there, but yes, he clearly broke the law, but he did he was the one that did call the police.
There's local police, talk to the officers, uh took full responsibility at that point of time. I think most of them at this point in time was just seeing what would be. I think Mr. Johnson is going to be a great probation for being in front of this court.
>> All right. Anything you wish to say, Mr. Johnson?
As far as the big thing like everything happened so quick for her thing that that was said about where I the best one that's basically Okay. How old are you?
>> I'm 35.
>> All right. Do you have any children?
>> I have two.
>> What are their ages?
>> 17 and five.
>> Okay. So, is your 17-year-old driving yet?
>> No. No.
>> All right. Usually children want to drive immediately when they can.
I was the only one in my family who didn't start driving till I guess I shouldn't even mention the age of 21, but I didn't see any upside. I just thought it was extra responsibility to school responsibility I already had. But of course, my brothers wanted if they could have started driving when they were eight, they wanted to drive at 8. But as you know, of course, when you hit someone or hit something like we wouldn't even be here today if you would have just stopped at the scene, right?
>> Yeah.
>> Cuz I don't know, San Antonio is one of those cities where people walking roadways. I've been driving. I had on 410.
>> Yeah. showing the speed limit which is 65 and I have people run across the freeway at night and I'm slamming on my brakes and everything is flying from the back seat to the front seat. I don't know why why that's done here in San Antonio why somebody would cross three ways but pedestrians do that but he would just stop. We probably wouldn't even be here. You understand?
>> Yes, ma'am.
>> All right. Are you currently employed?
>> No.
>> So, how are you supporting yourself?
Well, fortunately I I have family members that help me out.
Yeah, I know it don't sound good, but >> yeah. Who are these family members? What are their relationship?
>> Grandma and mom.
>> Grandmother and who else?
>> My mom.
>> Judge, we talked about it seeking active employment.
>> How old is your grandmother?
>> Retirement age.
>> Yeah, she like almost 60 I think. And how old is your mom?
>> Almost 50. I don't know that.
>> So you've been having children.
>> She said she knows you.
>> Oh, okay.
>> Yeah.
>> Well, she knows that you're about to get a lecture because a grand a grandmother and a mom shouldn't be supporting a grown person.
>> Yeah. And usually mothers have rules and their rules are either you going to get your education or you getting employment, but you're you're you're living by the rule of not only am I not doing that, uh I'm going to have children and you guys going to continue to support me. I guarantee you your grandmother and your mom do not want to be supporting someone who can support themselves. It'll be different if there was some reason you couldn't support yourself, but you you basically living what I call the soap opera lifestyle.
You know what a soap opera lifestyle is?
Have you ever watched a soap opera? All my children are so let me just tell you what happens on soap opera. I don't care if the the character has works as a police officer, right? You never see them at their job.
Nobody on soap operas works, but they're constantly living in mansions or whatever. So, you're living a soap proper lifestyle off your parents and that's gonna stop because I'mma require you to get employment unless there's a good reason why you don't have one because you got to eat and your grandmother shouldn't be putting food on the table for you.
And do your grand does your grandmother still work.
Well, how is she supporting you?
>> Social security, you know.
>> Well, we going to put a stop to that.
You getting a job, you understand? and you going to get full time employed.
All right? Cuz you need to pay back this restitution.
All right? The court is going to send you to 5 years in prison, probated and suspended for 5 years.
There's restitution of $2,6.73 to Hannah Ebby. And hopefully I'm pronouncing her name correctly. and no contact with Hannah Ei. If you're drug tested today, what are the results going to be? And know that you're getting drug tested before you leave this courtroom.
>> All right. Have you ever used any drugs?
>> I mean, I was younger, but I don't >> Please get drug tested through.
>> Okay. So, there not going to be a positive for marijuana or anything of that nature. All right. All right, we're going to do proof of employment.
Okay, we're going to do proof of employment within 30 days.
There's be no employment as a home health care provider or with minors.
And we're going to I'm going to want full-time employment for you. That means 40 hours a week. So, you can do um two hour I mean you can do two part-time jobs that are 2020 20 and knock your pride aside because you need to eat. So remember, if you're starting at McDonald's or wherever it may be, there's no harm in doing that because it's a legitimate job and you're trying to work your way up. Okay?
There's going to be regular reporting to probation. Oops.
I'm going to want field visits two times per month.
Who are you living with?
grand.
>> All right. So, you're in your 30s, but guess what? You're a child, as long as you live with your grandmother. So, she has rules for a curfew. And usually, I know grandmothers want the TVs off by 10. Your TV going to have to be off by 10 cuz you're living under her roof. You understand?
And we'll do regular UAS, 120 hours community service restitution.
40 of those hours will be waved if you provide proof of the COVID vaccination.
That includes the booster. Court is not requiring you to get the vaccination, but if you do, 40 of those hours will be waved. I'm going to want parenting classes.
And uh with successful completion of parenting classes, the remaining hours of community service restitution will be waved. Uh probation. Is there anything else that he needs?
>> Uh no, your honor. Um the restitution.
>> Yes.
>> And then no contact.
>> Yes, I did that. Yes.
>> Okay. All right. Is there anything else that you need from the court in order to be successful on this probation?
>> All right. Do we need some kind of update on driving skills that you're supposed to stop when you cause an accident?
>> I think this is this is what we're thinking that last.
>> So you right cuz you need to let the 17y old know. All right. All right. I'm going to show you some kind of trial court certification of defendants's rights to appeal. Did you review that document with your attorney? Did you understand it? And did you sign it?
>> Yes, ma'am.
>> All right. Because this is a plea bargain agreement, because I followed your plea bargain agreement and because you waved your right to appeal, you do not have the court's permission to appeal. Do you understand? And because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. Do you understand?
>> If you have a question where a weapon or ammunition is, you'll need to speak to an attorney. Do you understand?
>> Yes, ma'am.
>> All right. Good luck to you. Know better, do better. Uh there's going to be an impact statement read. Uh please just internalize that statement. All right. Uh statement. Yes.
>> This is from Hannah. I would like to apologize for choosing not to come and present myself. I have anxiety when it comes to speaking to to strangers I do not know. I've had a tough time writing this because I really have nothing nice to say. I'm a military brat, so I do my best to follow what my father taught me.
Mind over matter. And if I have nothing nice to say, don't say nothing at all.
I do not know where to start, but to say that the accident that I had to endure was a miserable hell for me financially, physically, and a lot more mentally.
My teeth are not mine. I had to get a bridge that my mom paid for. I had to get surgery on my left eye. I have a metal plate holding my eye in place. I had surgery on my right leg, ankle, pelvic, hip. I had a broken nose, stitches in my tongue, my lip, my nose, and of course my thigh, my ankle. I had a bruised rib cage, and had another surgery in my eye. If I want to have a baby, I can't have it the natural way because I could die. I would have to do that surgically. I also still have a little bruising in my brain, but seems to look like that is fading away. So, I'm not really supposed to stress, but what can you do? Nothing. My mother wanted me to send pictures for everyone to see so the person responsible could see the damage and feel bad. But I'm making the decision not to because I have doubts with the man who ran me over and left me for dead and doubts that the justice system will even care what I have to say. I don't believe in holding someone accountable over their skin color. It disturbed me that when I when I had to be told no cursing or race racial slurs. Well, I guess this country isn't free. I thought I had every right to speak my mind. And the fact that if I have a reason not to like you is because of a person's actions. Your actions is what matters to me. I am Hannah Lindsay Eie. I am an American born and raised in Omaha, Nebraska. I'm not from Texas. My family generation is a mix, so I'm a mut. A quarter Mexican, a quarter German, and 50% Panameanian, as in the Panama Canal, not Florida.
Since a lot of people failed history and geography, I do not care for the man or anyone's ethnicity. I see beauty differently than people. I would like to see the light, but all I see is dark clouds everywhere. I have been struggling mentally, so many things trigger me. My anxiety has gotten worse.
This isn't my first accident. My first one was in Nebraska. I had fainted and I woke up in a hospital and then gave me a diagnosis that I would never wish upon anyone, not even my own enemies. Same thing here. I do not remember taking I do not remember talking to any officer when I got run over. I blacked out and woke up in the hospital. Same way. The first thing I said to my mom was, "I can't move my leg." They gave me something in the IV and I asked my mom more than twice, "Where is my dog?" She put me back down slowly and said, "He is okay that he is outside waiting for me."
Cuz I'm going back into surgery. I cannot describe to any of you how this accident has destroyed me. I lost so much hope, so much patience, so much faith and the love my dog took that with him which feels like yesterday. He left me here in this cruel world. Every day I have to picture my dog. Whenever I get angry or sad, I have to be strong.
No one liked my dog. They all misjudged him because of his grief.
The correct name is American Staffordshire Bull Terrier XL because he wasn't sure. But people here call him a pitbull. If only people knew that name, what that name really means. So since people want to tell me not to be racist or cursed, I asked, "Do not judge me for not choosing to show myself in the same room with the man who ran me over and chose not to stop and chose not to call and tell authorities himself what he did. Forgive me that I have doubts because nothing is no longer united. I feel disgusted, disrespect, disrespected, lonely, grief, heartbroken, not important enough to anybody. I'm a broken woman. It is sad.
I feel hopeless whether I decided to have shown up or not. To look at the man who finally wants his freedom back when he could have found many ways when he arrived when he arrived in jail a whole year and a half ago.
It will almost be two years in a few months. Too soon to be sincerely sorry for what you did. I have doubts I no longer believe still to this day. I pray and ask, "Why can't I just come home? I want to go home. I'm just so tired." Not me. Why not me? Cuz living in hell just sucks.
I'm sorry. But as as you can see, I'm hoping that whoever is reading this that I have just a little pinch of hope that you all have understanding that my mental health my mental state is broken getting hurt all from humanity itself.
So please, whoever is making the decision of his actions, know that I chose that this man could make a difference could make a difference and wake up, get a job, start paying back financially because I haven't and probably won't be receiving my taxes for a while. You know what's funny to me is that he is scared only because he wants to live. The difference is I'm not scared to die now, but for some reason I keep getting saved. So, to the man who ran me over, I forgot your name. I'm not great with remembering things anymore thanks to you, but I'm pretty sure my mother does. So, give yourself that chance that you chose to wake up and choose carefully what you're going to do with your freedom. Cuz I only believe in one justice system, mother nature. But others call her karma. So, if people can't get you to wake up, she certainly will. Good luck with the next step in your life.
>> All right. Uh, thank you very much for reading that. Um, just so everyone can know, we're we're we're not on the record because this is victim impact.
Um, people of I guess you say mixed race.
I don't consider human beings muts.
So to me, a human being is a human being. A dog is a dog. And I think we all know we should treat each other with respect and regardless of who you are.
Um, we don't speak in racist terms, homophobic terms, um, transphobic terms. My motto is treat everybody with respect. So, and I think because some of us are here in the United States from different places and if we did ancestry.com, a lot of us uh, have different races in us that we did not know. So, everyone is a human being. No one's a M.
So, uh, good luck to you. Make sure you follow through on what I'm telling you to do for probation. Most importantly, get a job. Nobody else should be supporting you. Understand?
>> All right. Good luck to you.
>> Cornelius Johnson walked into court facing a felony charge connected to failure to stop and render aid involving serious bodily injury. He entered a nocontest plea, accepted responsibility through the agreement, and the courtroom seemed headed toward a routine sentencing hearing. But that wasn't how it played out. Judge Boyd shifted the conversation beyond the crash itself.
Questions about employment, family support, responsibility, parenting, and restitution suddenly became the center of attention. The judge repeatedly returned to one point. If he had simply stopped at the scene, this case might never have reached this moment. The hearing turned into more than sentencing. It became a discussion about accountability, supporting a family, paying restitution, and changing direction before probation becomes prison. With probation granted instead of immediate incarceration, strict conditions followed. employment requirements, community service, reporting rules, parenting classes, restitution payments, and a warning that this second chance had limits.
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