In criminal justice, when the system fails to act promptly on pending charges, defendants may serve time for one offense while remaining unaware of other pending charges, creating a moral obligation for courts to address systemic failures while still holding individuals accountable for their past crimes; this case demonstrates that even after nearly five years of prison time and eight years of exemplary behavior, a defendant who was never formally charged for a 2002 crime faced maximum 10-year sentencing, with the judge ordering credit for time served and criticizing the decades-long delay as 'morally wrong.'
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What He Did Is Unthinkable — Still He Wants Probation | Judge Boyd Sends Him Directly to PrisonAdded:
Why? Why would she do that? You You have this horrific past. Uh are you the same person you were back then?
>> You want people who make huge mistakes and he did, judge. He's not denying that.
>> Welcome to the Court of Justice.
>> Calling 2022 CR677, State of Texas versus Traumante Singleton. Can I have parties announce for the record for the state? Britney Mitchell for the state >> for the defense.
>> David A. Garcia, attorney for Trey Monte Singleton. Judge >> and are you Mr. Singleton?
>> Yes, ma'am.
>> According to the plea bargain agreement, punishment is be assessed at a cap of 10 years. The state opposes your application. Have both parties had a chance to review the PSI report? State?
>> Yes, honor.
>> Defense, >> we have.
>> All right. Any objection? State?
>> No.
>> Defense. Judge, the only thing that I would would add is um it's left out that one of his priors was out of Houston um and it was a indecency with where he served five years prison.
>> Okay, >> I wanted to bring that up because my clients didn't talk about that.
Secondly, uh when they asked about the incident, uh because it was 21 years ago, >> my client was kind of in shock trying to remember, but uh and you'll hear from him when he testifies, judge. Uh but he's very sorry about what happened and that was left out of the PSI report.
Other than that, we have no objections.
>> Okay. Uh state, do you have any witnesses?
>> We do not.
>> Uh defense, any witnesses?
>> No witnesses in person, judge. I tender to both the state and to your clerk uh four letters from family members >> and the court is in receipt of the letters. Any objections to the court reviewing those letters state?
>> No, your honor.
>> All right, the court will review the letters. The court has uh reviewed uh the letters uh any argument from either side states you're opposed.
>> Well, judge, I my client would like to speak.
>> Oh, okay. Could you raise your right hand for me, please? Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth will help you God? Yes.
>> All right. You can lower your hand if you'll state your name for the record, please.
>> Traante Sleton.
>> All right. Defense.
>> Um, Treante, you stand now before the judge.
This incident happened back in 2002.
Correct.
>> Yes, sir.
>> Okay. Never once when we talked from the first moment that we met till today did you ever intend to fight this case. Is that correct? No.
>> Because you knew you did it. Yeah. And in fact, you went to prison out of Houston uh from 2009 to 2014. Correct.
>> Yes, sir.
>> For an incident that occurred in Houston.
>> But they >> back in 2002.
Okay. And while they were investigating that incident, you also got noticed that they were investigating this incident out of San Antonio. Correct. Okay. So when you took your plea in Houston, uh you had never met me, right?
>> No, sir.
>> And so you took your plea in Houston, you did your time, you did almost the whole five years, correct?
>> Yes, I did the whole five.
>> And when you got out, you thought both of these cases were long gone. Correct.
>> I object to leading.
>> All right, that'll be overruled. I'll you make >> I'm just trying to speed things up.
Good. Um, so when you were arrested on this charge, you were shocked, correct?
>> Yes.
>> In fact, wasn't that basically what you were telling me the first time we met?
You couldn't believe that this was happening that that was in your past and you thought you had taken care of everything?
>> What I what I what I would like to say first, I apologize and I'm very concerned to the victim. If I hurt them or anything cause any harm in their life, I sincerely apologize for it. But in when I was arrested in 2009, I was made aware of this case and all I wanted to do was just get everything out the way. And I asked them about when was I coming back here to face punishment or whatever for this case.
I was uh I went through five years.
Never got expedited. Next, never got a bench warrant from TDC. Never had a detainers from the wall. I stayed out another eight and a half years, registered, done everything I had to do, and I didn't know that this case was still about until they picked me up in 2022.
And I had asked them about this particular case way back then. There were no orange, no nothing until now.
>> Now, Tante, when you said you reported, you reported as from 2014 up to 2022, correct? Yes.
>> You never got into any trouble from 2014 2012.
>> Okay. During that time period, uh, you had children, didn't you?
>> Yes.
>> You had a job.
>> You were gainfully employed.
>> Yes.
>> You were trying to be the best citizen you could be. Best dad, best brother, best son, best everything I could be. I was trying to be I wasn't trying to be the person I am now. You know what I'm saying? was from 20 from 21 years ago.
>> And you would have been gainfully employed except you got hurt on the job.
Is that correct?
>> Yes, I am. I'm legally disabled to my right wrist because I got uh my hand crushed by some pipe.
>> And in fact, you're still awaiting surgery on your elbow, aren't you?
>> Yeah. Elbow.
>> You receive about what $15 to $1,600 a month on disability?
>> Uh right at 1,600 a month from Liberty Mutual. Uh being disabled. And you have five children?
>> Five.
>> Okay. Two of which you are intimately involved with.
>> Yes.
>> Helped raise.
>> Yes, sir.
>> How are those kids doing in school?
>> Doing great.
>> One of them is honoral.
>> Your 16-year-old?
>> He's honoral.
>> And and your younger son, he's making good grades, A's and B's.
>> Yes, sir.
>> The other three kids, uh, you don't have as much involvement because of because of their mother. Correct.
>> Exactly.
>> But do you try to help support them? Of course. Yes, sir.
>> Anything you can.
>> Best I can.
>> Okay. Now, you know the judge can send you to prison for up to 10 years.
>> Yes, sir. I understand that.
>> Or she can give you deferred adjudication for up to 10 years.
>> I understand that.
>> If she were to give you deferred adjudication, uh why why would she do that? You you have this horrific past. Uh are you the same person you were back then?
>> No, sir. I'm not the same person I was.
>> Does the fact that you've stayed out of tr out of trouble since 2014 help show that you're a different man?
>> I would like to think that, but like I said, it's only, you know, it's only, you know, you can go by only so much. You know what I'm saying? I know in my heart that I'm not that person from 14 years. I never want to go back to being that person.
>> Would you do anything the judge requires you anything?
If she sends you to jail, you understand?
>> I understand that.
>> You respect that. But you're hoping she gives you this opportunity.
I'll tend to the witness >> state. Mr. Singleton, who is the victim in the case from Harris County?
>> Um, what was your relationship to her?
>> Didn't have a relationship. me and her uh stepdad, we were we were kind of like friends.
>> So, were you a a a family friend of hers?
>> No, not a family friend. Just just knew like we were in the same neighborhood and stuff, but I didn't didn't know her.
>> Was it a similar situation as this case where you assaulted her in public?
>> So, this happened in a home.
>> Yes. Um what you were in a position of trust?
>> You per say? Yeah.
>> Okay. Um and how old was she?
>> 15.
>> Okay. So she was the same age as the victim in this case?
>> Um and you didn't know the victim in this case, did you?
>> No, I didn't even know her age until after I got arrested here.
>> Okay. Um, now, um, you knew you had committed this crime, right, when it happened. You knew it was a crime.
I didn't know that I got charged with this crime until 2009 when they questioned me about it. I didn't actually know that it that I was even charged with this until I got >> So, you thought you got away with it until you were arrested for it?
>> I I thought I got away with it. I just never thought it was I nobody I was never arrested for it so I didn't know that.
>> Object and nonresponsive.
>> You knew it was a crime when you raped her in 2002.
>> I didn't. Well, if that's what you want to say, yes.
>> Okay. So, did you go to the police in San Antonio and turn yourself in and say, >> "No, because their circumstances of what they saying and what what I need to be the truth never got put out there. I was never interrogated.
Not even here, not even in Houston barely. They just asked me a few questions about it. I was never interrogated. I was never able to tell my side of the story."
>> Okay. So now you're saying that you weren't actually it wasn't an investigation and you knew that the charges weren't actually pending.
>> No, I didn't know that. No, it was an investigation or nothing. I didn't know nothing about this case until I got to Harris County when I got arrested in 2009. I didn't know nothing about this case.
>> Okay. Um, and um, it wasn't until 2021 that um, San Antonio Police Department actually came and served you with a warrant to get a sample of your DNA. Correct.
>> No, they not they did not get an initial warrant out to get a sample of my DNA.
They already had my DNA in 2009 when they questioned me. They had already had my DNA.
>> Are you saying they didn't come and get another swab out of your mouth?
>> No. No. I they they did a yearly swab as a yearly swab as uh I as I was registered, but then I already had my DNA in 2009 when they questioned me because that's how I got alerted to the case in 2009 when they told me that I had a DNA match back then 14 years.
>> In 2009, did you try to find out um the name of the victim from 2002?
>> They told me tonight.
>> Did you ever try to reach out and apologize to her?
>> No, I was being incarcerated at the time. I was on my way to >> Did you make any attempts?
>> Don't make any I didn't know. I didn't barely even knew.
>> That was like You talk about something that happened in 2002. This is 2009. I'm talking about it while I wasn't even in San Antonio at the time.
>> Okay. But you got your GED while you were incarcerated. Correct.
>> Yes. So you had access to people who knew how to look into information, people from the outside world.
>> I'm going to object to vain, judge.
>> All right. Well, this this is a question the court has.
I want to know why a charge that happened in 2002.
>> And I understand the honor about dates and the indictment is honor about 2022, but I want to know why something that occurred in 2002. He's in prison.
Everybody should know where he is. He's at the prison.
Why is this just being addressed now?
>> That's what I want to know.
>> So, judge, we we discussed that. I discussed it with my client. I discussed it with the state. I told my client that we could file a motion for speedy trial that uh the detectives, the state dropped the ball. U that this all should have been taken care of back then, but he did not want to do that. He knew he had done it, wanted to go forward, but just wanted to let you know that he had spent five years in prison thinking that all of this was taken into consideration when it clearly wasn't.
And so I think that's one of the reasons why the state made this offer because we discussed this, we worked everything in.
Uh but we wanted to bring it to your attention so that you knew that that was an option. He didn't want to go with that option, judge. He just wanted to come up, let you know what had happened, and hoping that you'd give him the deferred.
>> All right. Well, I'm not going to give you deferred adjudication. I am going to find you guilty. So the issue that needs to be discussed is with regards to the offer of a cap of 10 years and the uh sentence that I give him, there needs to be I guess an investigation or law needs to be pulled on what time he gets credit for.
>> Well, I would ask that he gets credit for all five years. Judge, >> your honor, um if if I could just say something technically he was not an arrest warrant was never walked. Um, he was the first time a warrant ever went out for this case was when he was indicted for this case. Um, so as far as speedy trial or anything like that, I mean, they didn't have enough to indict until they did a comparison. So, it wasn't just the COTUS that he was indicted on. They did another swab.
>> See, but but here's the thing, judge.
They had his name. they had his location. Uh if they had done any real investigation, they would have been able to find that he took this plea in 2009 and was reported, you know, they had his DNA. So I I understand their point and this is one of the things that I explained to my client because they did not work walk the arrest war, but they knew all of the factors and it wasn't like he went anywhere. It's not like he ran. He was there the whole time. In his mind, he had worked this all out, was going to prison so that when he was done, he could start his life in you. And he did.
He is the poster child of our rehabilitation system. He got out. He reported like he was supposed to. He got himself a job. He got himself a community with his mom, his aunt, his neighbors. You read some of those letters. I mean, his daughters think the world of him. Okay? Because from that point on in their world where he lived with them, he was the perfect father. He did everything he could for his children. And I and I submit to you, this is what we want from our justice system. We want people who make huge mistakes. And he did, judge. He's not denying that. Well, what I can tell you is the court thinks it's morally wrong.
Notice I'm not word using the word legally, but I think it's morally wrong for people, and I know it wasn't um this prosecutor. I think it's morally wrong for people to know that people are at the prison. And then when people get out, then bam, we're dropping a case on them.
That's been existence and been out there. And I know uh Miss Mitchell, you were not a part of that.
Uh, so I am going to find him guilty.
And if anybody wants to do research on what credit for time he should be entitled to, maybe we may be making some new law here. Um, let the court know and counsel if he is able to get credit for the time that he was at the prison. You say the five years.
>> Yes. If you bring the court uh case law for that, the court will consider giving him time for the five years. So if someone brings that to me, I will make sure that he receives that. Um Mr. Singleton, I'm going to tell you I understand that you have um changed your life and it seems that you've changed your life for the better and I understand that you thought that all of these cases were being taken care of when you took care of the other. I've read the stipulations. I always read reread the stipulations and I always um read the PSI report so I know the circumstances behind this.
Uh and I never um blame complainants for anything that happens to them because you're living your life. You're not breaking the law. Nobody's supposed to break the law where it it impacts and hurts you. But I saw the circumstances behind everything that's in the stipulations. The drug use uh which is the drug use by you should not have happened because she's not be using drugs with her. Um the mother who is and father who are not watching her the way they should watch her. So there are a lot of things that would could somebody help uh Miss Yes. with her phone. Thank you.
So I understand there are a lot of issues going on but uh at that same token this is the plea bargain agreement you entered into. Okay. Uh the court is going to find you guilty. The court will sentence you to 10 years in the prison.
The court will give you credit for any time served and defense if you bring me um documentation of the amount of time that he served in prison. And if the law says that I can give him that time, uh, then of course he will receive that time.
If you think he should get that time and you want to file an appeal on that for him to get that time, just let the court know. And I know you're courtapp appointed. Is that correct?
>> That's correct.
>> Uh, you can be courtapp appointed to address that issue as well.
>> Thank you, J.
>> All right. Going to show you Oh, and I'm sorry. There's also chapter 62 registration.
Uh, I'm going to show you what's entitled trial court certification of defendants's rights to appeal. Did you review that with your attorney? Did you uh understand it and did you sign it?
All right. Because this is a plea bargain agreement. Because I followed your plea bargain agreement and because you wave your right to appeal, you do not have the court's permission to appeal. Because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question over what a weapon or ammunition is, you'll need to speak to an attorney. Do you understand?
>> I have one question.
>> Yes. He said if they find out that I was already locked up I was interrogated by this case out of Harris County. It said I have a audio tape interrogation out of Harris County about them questioning me about this case about them calling here saying that we have him in custody in Harris County out of Harris County on this case.
>> All right. Uh council do you have that information?
>> We have that information judge.
>> All right. So if you uh present that and again if um based upon the law, if I'm allowed to give you credit for that, I will.
Okay.
>> Uh I don't know offhand because I don't have all the information about who knew what and when they knew it. I know that you're saying that they knew it and your attorney saying they knew it, but I actually have to see the evidence for that. And if that's presented to me and if case law says that I can give you credit for that time, I will give you credit for the the five years.
>> Yeah. Because when they initially before I initially turned myself in, I had the case out of Harris County and they told me I had a case pending out of San Antonio, which my DNA was a match in 2009.
And when I came when I got turned myself in, I got the five years out of Harris County. I asked the judge when were they going to send me back San Antonio for this case. So I didn't know about this case. I've been know about this case since 2009 and I thought that they would have came and expedited me. You know they took my DNA at TDC that time and they took my DNA also when I got out of the walls. I never had a detainer.
>> All right. So Mr. Singleton, just give that information to your attorney. And again, if the case law says that I can uh give you credit for that, I will.
>> All right. Thank you. Calling 2022 CR8768 of Texas versus Portuguata Alvarez. Can I have parties announce for the record for the state?
>> James, your honor, >> defense.
>> James Coff, >> are you Mr. Alvarez?
>> Yes, ma'am.
>> Showing you what's entitled motion to revoke community supervision. Did you review that with your attorney? Did you understand it?
>> Yes, ma'am.
>> Are you the same Al Mr. Alvaras who was play Alvarez who was placed on community supervision in 2022 CR8768 for the offense of felony in possession of a firearm on December 1st, 2022 for a term of three years. Is that you?
>> Yes, ma'am.
>> State.
>> Yes, your honor. Violated condition number four in Beer County, Texas. is the defendant forado Alvarez did then and there fail to report to the supervision officer as directed for the months of January and February 2023 in violation of condition number four.
>> How do you plead to that? True or not true?
>> True.
>> Your honor, we'll wave you violated conditions.
>> Any objections?
>> No objection, your honor.
>> Did you understand by pleading to violation of condition number four, the court could find it grant the motion sentence you to three years in the prison?
>> Yes, ma'am.
>> Knowing that, do you still wish to plead true to violation of condition number four? Yes.
>> Court will find violation of condition number four true. Is there an agreement?
>> Yes, your honor.
>> What is the agreement?
>> Is deny the motion to revoke and continue the individual on his probation. Uh looks like transfer the case to the residing county uh with no virtual office visits. And if the his address is in Bear County, impose the original 14 gangs division program.
>> Your honor, he has moved. That's the problem. That's the whole thing. What what county is that?
>> Howard County.
>> Howard.
>> That's where I I never moved. That's where I originally.
>> Oh, that's where he lived his entire life.
>> And what what place is Howard County?
What city is that?
>> Big Spring, Texas.
>> Give her the other big city.
>> Uh Midland is right by 45 minutes away from Big Spring.
>> All right. So, uh your all agreement to transfer to Howard County then no virtual reporting.
>> That's correct, your honor.
>> Uh probation.
Is this uh probation's recommendation?
>> Yes, sir.
>> All right. Are you asking the court to follow that agreement?
>> Yes, ma'am.
>> All right. Then the court will deny the motion alternating conditions to transfer to Howard County in Big Springs, Texas. And there is to be no uh virtual reporting defendant to report in person only.
>> Thank you very much, your honor.
>> All right. All right, Miss We're off the record, Mr. Alberes. You're going to have to do better from here on out.
Every decision you make, you need to ask yourself, is this could this decision result in me going to prison for three years? You understand?
>> Yes, ma'am.
>> All right. Good luck to you.
>> Frankie Lockach, 57, stands before Judge Stephanie Boyd after pleading guilty to two serious charges. His defense argues for probation, pointing to severe MS, arthritis, and degenerative discs. His wife testifies he is now homebound, has lost his insurance, and she controls his phone. He repents, she says. He made a stupid mistake. But Judge Boyd isn't swayed by sympathy alone. She reads the PSI report carefully. She remembers Frankie's initial excuse that he was tricked, and she sees the contradiction.
"You want me to believe you are too sick to be responsible," she says quietly.
But you were well enough to hold a long conversation and drive to a meeting location. The judge disregards the excuse completely. She notes that accountability cannot be managed by a wife or blamed on illness. "What has he done?" she asks. After a tense pause, Judge Stephanie Boyd offers a strict path forward, but makes it clear. No more games. GPS monitoring, house arrest, and full transparency. She doesn't destroy the man. She destroys the lies hiding behind his suffering.
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