Judge Sentences Man Who Hit Victim With Sledgehammer

Added: 2026-05-27

[00:00:18]Hi guys, it's Cathy. I hope you're doing well.

[00:00:21]Thank you to everyone who came out last night. Great stream.

[00:00:25]Today, we have um a minor first in big trouble.

[00:00:31]And then a an issue with a sledgehammer and an eyeball.

[00:00:36]Oof.

[00:00:37]Oof.

[00:00:38]Um I thought I was going to change the schedule. I'm not. We're good. Don't worry about it. Here we go.

[00:00:53]Do you swear or affirm the testimony you're about to give will be the truth, the whole truth, and nothing but the truth? Yes, sir.

[00:01:01]What is your name? Colton Pexinac. You can put your hand down, Mr. Pexinac. Mr. Pexinac, how old are you? 17.

[00:01:11]When will you turn 18? December 30th.

[00:01:16]Did you understand that given the nature of the charge in this case, and although you are a minor, you are now being charged in adult court? Yes, I understand.

[00:01:30]And right now you are being held right now. Where are you at right now? I am at JDC. All right. And you have not been brought to the Porter County Jail as a result of this matter. Is that correct?

[00:01:45]Yes, sir.

[00:01:47]All right.

[00:01:49]And you understand English. Is that right? Yes, sir.

[00:01:53]Are you under the influence of any drug or alcohol? No, sir.

[00:01:59]The prosecutor is going to advise you of the allegations that have been filed against you and the potential penalties if you're convicted of any of those allegations.

[00:02:11]Please listen carefully.

[00:02:13]Thank you, Judge. State of Indiana is charging the defendant Colton Pex with two criminal counts.

[00:02:18]Count one, dangerous possession of a firearm level five felony. Charge reads as follows.

[00:02:24]Affiant swears on the penalties of perjury that the following representations are true. That on or about May 2nd, 2026 in the county of Porter, state of Indiana, Colton K. Pex, a child, did knowingly, intentionally, or recklessly possess a firearm to wit, a Smith & Wesson.380 caliber pistol bearing serial number NKW2906, contrary to form of the statute and in in such case made and provided and against the peace and dignity of the state of Indiana. A level five felony is punishable by one to six years in the Department of Corrections and that charge is upgraded to a level five felony based on a prior um conviction in 45D062210JD 564.

[00:03:14]Count two, criminal recklessness, a level six felony.

[00:03:17]Charge reads as follows. Affiant swears on the penalties of perjury that the following representation is true. That on or about May 2nd, 2026 in the county of Porter, state of Indiana, Colton K.

[00:03:28]Pex did recklessly, knowingly, or intentionally perform an act that created a substantial risk of bodily injury to another person to wit, victim one, while armed with a deadly weapon, contrary to the form of the statute in such case made and provided and against the peace and dignity of the state of Indiana. A level six felony is punishable by six months to 2 1/2 years in the in the Indiana Department of Corrections. Those are the charges.

[00:03:53]Do you understand what the charges are that have been filed against you? Yes, your honor.

[00:03:59]>> [clears throat] >> Do you understand that although you are a minor, you are being being treated legally as if you are an adult in this case. Do you understand that? Yes, your honor.

[00:04:12]Do you understand the potential penalties if you're convicted of each of those charges? Yes, your honor.

[00:04:19]I'm entering not guilty pleas for you preserving your right to a jury trial and ordering the state to produce discovery including your criminal record as a juvenile to your attorney.

[00:04:37]>> [gasps] >> We're now going to address bond. The prosecutor goes first.

[00:04:41]Thank you, Judge. Um obviously based on the nature of the count one, there is a a prior juvenile matter. Um I understand his age. Um I understand that what's alleged in the probable cause affidavit did not happen intentionally um based on um the fact that the state is charging recklessness, not necessarily an intentional act. However, the fact of the matter is he did um fire a weapon that resulted in someone being shot in the head. Um looks like he's going to lose an eye and um whatever other consequences result from um that injury.

[00:05:22]Um luckily he didn't die.

[00:05:24]Um so I don't know how I could agree to a low bond or a release on own recognizance based on the nature he poses to um the community.

[00:05:36]I think anything below $10,000 cash would be inappropriate in this case.

[00:05:40]That would be the state's position.

[00:05:42]Mr. Stewart.

[00:05:44]Your honor, But, as we mentioned unfortunately in this case we are dealing with a juvenile, a 17-year-old, and because of a specific provision within the statute, he's being waived to adult court that deals with children and firearms.

[00:05:56]We don't believe that he represents a danger to the community because the facts underlying the charges in this case detail an accident, a horrible accident for which he could potentially be facing some real consequences, some adult consequences.

[00:06:09]Uh and if the court does release him and he's released from custody, he'll be released into his mother's custody. So, he does not represent a flight risk.

[00:06:17]There is no chance that he'll leave the jurisdiction.

[00:06:21]Um In addition, I've spoke with his mother, and she would like him to have the ability to begin mental health counseling, and we would not object if the court made that a condition of his release that he begin to attend mental health counseling.

[00:06:34]Uh not only to address some underlying issues, but to address the consequences of this incident and his struggle to uh kind of cope with what happened.

[00:06:43]So, as to the amount of the bond, uh typically, that is to give the defendant some incentive, some financial incentive of his own money that he attends court. In this case, any amount would be coming from his mother, who he'll be living with, who to some degree is also a victim of these circumstances as well. And so, for those reasons, I would ask that the court release him on his own recognizance into his mother's custody, make mental health counseling a condition of his release, as well as pre-trial services if the court thinks that's appropriate.

[00:07:15]Um And that's all you're honor. We ask that he be released on his own recognizance into his mother's custody. Thank you.

[00:07:21]>> All right.

[00:07:22]I I find, based on what I've heard, that the state uh does not believe that the defendant had the specific intent uh to shoot anyone.

[00:07:37]Uh if that were the case, then Mr. Paxson would be charged with murder.

[00:07:42]In this case, the defendant is charged with recklessly shooting someone. He wouldn't be charged with murder, Judge.

[00:07:50]No one No one died.

[00:07:51]No one died. Okay, but attempted murder maybe.

[00:07:57]uh causing a serious injury.

[00:08:05]The court takes judicial notice of cause number 45 DO6-2210-JD-564.

[00:08:16]uh a delinquent child while possessing a firearm.

[00:08:22]That matter, just based on the cause number, was filed in October of 2022.

[00:08:30]That matter dealt with a firearm.

[00:08:33]This matter, although the the defendant is a minor, and will not be an adult until December, also deals with a firearm.

[00:08:43]I don't know if anyone was shot in that case, but someone was shot in this case.

[00:08:51]I find specifically that Mr. Pexinac is a danger.

[00:08:57]I know the other kid is has lost an eye.

[00:09:02]But thank goodness.

[00:09:04]Because here's why I say this, because normally when one kid accidentally shoots another kid, they die. Do you know what I mean?

[00:09:13]And this other kid is still alive. Although he's missing an eye, you know, he didn't die. And uh to other people.

[00:09:23]He should not be around guns, and this is the second time that he allegedly has been around guns.

[00:09:30]Although admittedly the first time that he shot somebody.

[00:09:35]I I set bond in the amount of $10,000 cash.

[00:09:39]And I understand that uh the defendant is young does not have the ability to post a bond, but uh to say that the the defendant's mother is a victim of this is a travesty of justice. The person who's a victim is the one that was shot in the head.

[00:09:56]People should not be shot in the head whether it's on purpose or recklessly.

[00:10:03]That should be a tattoo, Judge. We should all get that tattooed.

[00:10:06][clears throat] People should not be shot in the head.

[00:10:09]Bond is $10,000.

[00:10:12]The defendant will be held unless he posts bond in the Porter County Juvenile Detention Center.

[00:10:19]Uh I will direct the magistrate of Porter County Juvenile Detention Center to provide mental health treatment that's available within the Juvenile Detention Center.

[00:10:32]Uh if it is, I do not know.

[00:10:35]But the defendant is not to be transported to the Porter County Jail because he is a minor.

[00:10:43]Um if the defendant does bond, uh then he would be placed in the supervision of uh Porter County Adult Probation because this matter is filed as an adult case.

[00:10:59]Um so if he does bond, then he needs to see a uh Porter County Adult Probation Officer every 2 weeks.

[00:11:09]Uh and perhaps that officer could assist with mental health treatment as well.

[00:11:17]Mr. Paxsonak is ordered to appear on the following dates.

[00:11:21]July 15th at 9:00 for an omnibus change of plea hearing.

[00:11:27]September 23rd at 9:00 for a final pre-trial conference and October 19th at 1:00 for jury selection.

[00:11:38]So, Mr. Pacenak, I will see you on July 15th at 10:00. Your bond is $10,000 cash, sir.

[00:11:47]Thank you, Mr. Stewart.

[00:11:51]Jerry Stokes.

[00:11:54]This is State of Indiana versus Stokes, cause numbers 64D02 2601F6713.

[00:12:02]Yes, sir, you're in a lot of trouble.

[00:12:04]Yes.

[00:12:05]That's how you should look.

[00:12:07]Are you sad right now? You got your head in your hands right now because you're in trouble and you might go to jail or because your friend lost his eye. I wonder.

[00:12:20]And 2301F583 Will you raise your right hand, please?

[00:12:28]Do you swear or affirm the testimony you're about to give will be the truth, the whole truth, and nothing but the truth? Yes, ma'am.

[00:12:35]What is your name, sir? Darren Gauski.

[00:12:38]Mr. Darren Gauski, how old are you? 30.

[00:12:41]Do you understand English? Yes, I do.

[00:12:44]Are you under the influence of any drug or alcohol? No, your honor.

[00:12:51]Do you have any mental or emotional disability? I do not.

[00:12:56]Are there any additions, corrections, or changes to the present investigation report from the state, Mr. Pavlovsk? No, judge.

[00:13:04]From defense, Mr. Roberts. Potentially, there's two issues to point out both of which are on page four and it's dealing with Mr. Darren Gauski's prior criminal record.

[00:13:17]There's a Knox County, Illinois case that says that there's a warrant. He believes that he's already successfully completed probation in that case and that there should not be a warrant. I know the probation department said that they verified it through Illinois and then tried to verify it here in Porter County, Indiana and Porter County, Indiana says it's not showing up in the system here. So, there was mixed results showing up in Illinois, not showing up here.

[00:13:45]Illinois saying it's not extraditable anyway, but Mr. Darengowski, when he reviewed this pre-sentence investigation report, that was the first that he had heard or he was surprised at least to hear that there was a warrant out of Knox County, Illinois. So, that's the first issue. Okay.

[00:14:03]Um whether that's a correction or not, I'm not sure, but it's at least worth mentioning. The other is the Henderson County, Illinois conviction, which is the first criminal record that's listed in the pre-sentence investigation report. It does say that he pleaded guilty to count one as a felony and then also when his criminal history is sum- summarized and it also appears on page nine, it says that he does have one prior felony conviction and that, assuming the court accepts this, this would be his second felony conviction.

[00:14:41]He believes, and again, there's not documentation to necessarily dispute it, but he believes that that was actually entered as a misdemeanor and that this would be his first felony conviction. He may have a misunderstanding of it, but for what it's worth, that is his understanding that he does not have a prior felony conviction.

[00:15:02]All right.

[00:15:04]Any other Well, and I do take note that with respect to the Knox County, Illinois warrant, uh it does not show up as active in I-DACS.

[00:15:16]Uh So, on one hand, it says that there's a warrant that's active, but not extraditable and on the other hand it says it's not showing up in high decks.

[00:15:26]So I don't know if it doesn't show up because it's not extraditable. I don't I don't know.

[00:15:32]All right. Any other additions, corrections, or changes, Mr. Roberts?

[00:15:36]None, Your Honor.

[00:15:40]Mr. Pawlowski, the victim has a right to speak to the court. The The victim has a right to make any statements or to be treated with dignity under our Constitution. Is there any victim input?

[00:15:56]Yes, Your Honor. I would like to call the victim to the stand. I have some sentencing exhibits that I'd like to question him about regarding restitution and he can make any statements after that. All right.

[00:16:09]He may come up.

[00:16:19]Does the court have a exhibit sticker? I forgot to grab it. Got lots of exhibit stickers.

[00:16:25]The one you use. We're going to make him state your name.

[00:16:29]Jim Apple.

[00:16:31]Come right over here.

[00:16:37]What is your name, sir?

[00:16:39]Jim Apple. All right.

[00:16:41]You may You may begin.

[00:16:43]Good morning, Mr. Apple. Good morning.

[00:16:45]Um you were the victim in this case? Oh, yes. Okay.

[00:16:50]And you've been in communication with our office regarding um certain medical treatment you got as a result of this case. Is that correct?

[00:16:58]Yes. And you provided our office with um a number of bills and invoices, things of that nature regarding the medical treatment. Is that correct?

[00:17:07]>> Yes. Okay. I'm going to hand you what I've marked as State's Exhibit 1. This is going to be a group exhibit. I'd like for you to take a look at this and tell me what these items are that are included in these in that packet.

[00:17:35]Um like you want me to to so confirm that these are or >> Let me ask you a better question.

[00:17:44]Um the front page has some figures on it, correct?

[00:17:49]>> Yes, sir. Okay. Um are you familiar with these medical providers and the charges?

[00:17:53]Yes, sir. Is your testimony here that these charges are directly directly related to the injuries you suffered as a result of this incident?

[00:18:03]>> Yes. Okay. And following that there's a number of invoices and um bills that correspond to these figures.

[00:18:14]Is that correct? Yes, sir. Okay. And to the best of your knowledge, these are the most up-to-date recent um medical bills that you still owe on, correct? Yes, sir. Okay. So just to be clear, um what is the total amount Well, and then also there's a the last line item is a a phone, correct? Uh yes, that was damaged during the incident.

[00:18:35]>> Okay. So is it your position that that $15,698.63 is what you feel is owed to you uh including damage to your phone and the medical bills? Absolutely, sir. Okay.

[00:18:48]And just for the court's um knowledge, can you describe the medical treatments you received? Not Maybe not every single one step by step right now, but just kind of in total, what were your injuries and what did you have to get done?

[00:19:02]Um well, uh I had to get my lip sewn back together cuz it got split.

[00:19:10]Sorry. Um then I also the phone he smashed uh during the incident.

[00:19:17]Uh >> [clears throat] >> with the weapon that he also hit me in the face with. Uh he busted out six of my teeth.

[00:19:24]Um >> [clears throat] >> I had to have three implants on the bottom.

[00:19:28]Sorry. Uh three I have a What's going on? I'm sorry. Um and then I have a top plate in Can I get you some water?

[00:19:46]>> So, I had to get teeth removed that were broken not completely, you know.

[00:19:53]I had to go in >> [clears throat] >> I'm sorry.

[00:19:56]I had to go in for multiple removals. Uh then, you know, the implants I had to go to the hospital and then got shipped out to Chicago.

[00:20:08]Uh which is it's all related to the incident. Uh Okay. Is that Sure.

[00:20:17]Um let me ask you this. Um Did you have dental or health insurance um that covered any portion of the bills?

[00:20:27]See now, there was like uh insurance, but I believe that a lot of these ones that did uh go to like collections or anything, they retracted the insurance and that's why the bills and Not to interrupt, but what happened with the insurance? Uh like the incident didn't get covered by the insurance because of the incident being it's what it is. If I'm not So, you're saying by the nature I hate when insurance companies do that. There should be a law. If an insurance company says "This is approved. I am going to pay for this."

[00:21:04]They should not be allowed to after the surgery is done come back and say, "Oh wait, never mind. We're not covering that." And they do it all the time. And they were like, "Okay, the insurance is going to cover this. Let's go get this surgery done."

[00:21:17]Now you owe them $15,000. They That has to be illegal. We need We need to um sign a petition.

[00:21:25]Oh wait, no one's going to do anything against an insurance company. They're just not.

[00:21:30]So what happened? Your insurance didn't cover >> Coffee's here. a a portion of the medical bills? Yes. But it covers some of it. Yes. I have it all highlighted and everything on what was covered, what wasn't covered, what is still owed. Okay. And that's what is contained in exhibit one. Yes. Yes, this is just like a the the list of the sheet, but this is all the paperwork that backs all this up.

[00:21:58]Okay. And so you're saying the the $15,690.63 is what you owe after insurance covered whatever they were going to cover. Yes. Okay.

[00:22:12]Sorry.

[00:22:13]Okay.

[00:22:14]And that is as we sit here today that this morning that is the amount that um you believe is is still due. Yes. To the medical providers.

[00:22:24]>> Yes. Okay.

[00:22:26]Like um It's yes. Okay.

[00:22:30]Um Thank you.

[00:22:37]All right, at this time I'd like to admit state's group exhibit one as a sensei exhibit.

[00:22:44]No objection. State's group exhibit one is admitted. What I would like to see is if It show as medical this figure this $15,698.63 figure is not how much was billed in total, but it was how much that you owe after insurance has paid something? Yes, I believe so. All right.

[00:23:10]You may continue.

[00:23:14]And uh Mr. McCollum, I know you wrote a statement into the court and that was submitted. Is that correct? I did. Okay. Is there anything you would like to say in addition uh for the court to consider beyond what you wrote? Um yes. I would like to >> I would just like to say that that day was um already a hard It it was just a day I'm sorry.

[00:23:43]Take your time. Uh I uh experienced a lot of trauma from that day. My my brother actually got into a motorcycle accident prior to this and I was to be taking him home and then the incident occurred. I didn't get to go to the hospital to be with my family. I also had to have my family come to the hospital after dealing with being at the hospital for my brother's incident.

[00:24:13]So, I had to be alone.

[00:24:15]He also broke my phone, so I had no communication or, you know, I was kind of just there alone dealing with everything till everybody got news of what had happened.

[00:24:28]But um it was a day that I'll never forget. A day that still haunts me today. Um It is just something that I don't understand why anyone would want to do something like that to somebody.

[00:24:44]I think it was cruel. Uh but uh still obviously dealing with it. Medical bills, everything else, you know, it's been a long rough ride here, but I hope that this can finally be closed and this chapter can, you know, get some resolution.

[00:25:07]I'm so sorry.

[00:25:10]Thank you, sir.

[00:25:11]State of Florida has the wooden I have nothing. There's no cross. You may You may proceed to sit down.

[00:25:17]Thank you. Thank you, Your Honor.

[00:25:19]I have no further witnesses or evidence.

[00:25:24]Uh Mr. Roberts, does your client wish to introduce any evidence?

[00:25:29]No evidence. I did speak with him about his right of allocution. He's not necessarily the most comfortable talking in front of a a room of mostly strangers, especially about something that he doesn't carry any pride about, but that being said, I did talk to him about that, and I believe he would like to say a few words to the court, Mr. Mackle. I'm guessing the opportunity, but no evidence, Your Honor.

[00:25:52]Um so, we will hear from the state first, and then you and your client if he wishes.

[00:26:00]Thank you, Judge.

[00:26:03]This is one of those sentencings where I'm not really sure what to say up here.

[00:26:07]Um I don't really see what transpired here that led to uh the battery taking place. I was hoping actually to read the defendant's version in the PSI and get some insight on um why what happened happened.

[00:26:24]Um so, if we look on page six, the defendant wrote, "I hit someone with a hammer. I'm not sure why. I was under the influence. I went to leave. We wrestled. Then I got out of the house and ran." So, that doesn't really tell me much as to what went up to this. I'm not sure that the defendant was um in the right state of mind to logically think through what he was doing or maybe remembers why he did it.

[00:26:51]I I also don't think that's really a a defense to the action. Um I know the law states that intoxication is not an excuse for or a defense to a criminal act.

[00:27:03]Um so I don't think any weight should be given to the fact that he was under the influence um any weight in his favor.

[00:27:09]Um I just think this was a very strange and um pointless action that was taken by the defendant that had severe impacts on the victim that you heard from um not just the pain he was experiencing the moment but the multiple surgeries, reconstructions of the jaw, replacing of teeth. I mean obviously that is not pleasant for anyone to go through. Um he obviously has a lot of medical bills that he's going to have to make payments on through no fault of his own.

[00:27:40]And all that was um as a result of the action taken by the defendant on that day that I I don't see any reason for any justification for um He does obviously have um a what I would consider a pretty severe drug uh or substance abuse issue. I think at one point um in the substance abuse section on page eight all the substances that he's used uh throughout his life were listed in there.

[00:28:14]Very long. Um Again, I I I'm kind of at a loss for words on this one.

[00:28:23]Um I don't know that there's any justification or reason for hitting someone with a sledgehammer in the mouth as they're getting out of the shower totally unprovoked. I don't know that anything other than incarceration is is appropriate. Um one as a punishment, two as a way to protect the community from from the defendant. I understand he's listed as low risk but I think the the facts in this case kind of speak for themselves.

[00:28:49]I'm kind of torn on what to recommend.

[00:28:52]On the one hand, I would like him to pay back the 15,000 uh during the term of probation, but that's I think that's just outweighed by my um I recommendation that he serve the 3 years in the DOC. I'm not sure what his ability to to pay that even would be if we put him on probation. Um I I simply don't think in this case with what happened with the injuries that the with the victim suffered, uh that probation is really inappropriate uh sentence in this case.

[00:29:22]He does have a criminal history. He has violated uh probation or pre-trial release previously. Um I I agree with the PSI that the aggravators outweigh the mitigators, of which I see none as well.

[00:29:32]Um and for once I I do agree with the uh with the PSI recommendation as far as sentencing that be 3 years in the DOC, uh non-suspended with credit for time served.

[00:29:43]Um I would ask if the court does give the defendant a term of probation that the restitution be paid during the probation. If not, um which is my recommendation, um given that I think DOC time outweighs uh the the payment of the restitution, that that be entered as a judgment and we can allow the victim to collect that in whatever way uh the victim feels is appropriate. Um so I would adopt the recommendation in the PSI, 3 years DOC non-suspended.

[00:30:14]Mr. Roberts, your your client has the opportunity to uh address the court if he wishes.

[00:30:21]Uh he can exercise his right to remain silent. Both of you can tell me whatever you wish. Just you or whatever whatever your client wishes.

[00:30:31]I just say um I feel terrible for what I did. It was like a mindless bad accident. I hurt somebody and I feel that that was the worst thing I've ever done in my entire life.

[00:30:43]And I would really like to start paying back the restitutions, but if I am incarcerated, I'm not going to be able to start paying until that is done with.

[00:30:52]So, if I do have a probationer He wants out so he can pay.

[00:30:56]But I think he should stay in because he hit someone with a hammer.

[00:31:00]Okay, that's not fair, Bren. A burger and fries. Because I know that you call everything on a bun a burger.

[00:31:10]Doesn't have to be ground beef.

[00:31:12]So, you're telling me you're eating a burger and fries doesn't really narrow it down a lot.

[00:31:20]Azalea?

[00:31:22]Piggy Azalea?

[00:31:25]I period have a very good job and a career right now, and I can start making big payments on that so I can start getting him dealt getting his medical bills dealt with and helping in that aspect for what I did.

[00:31:38]Mr. Robertson.

[00:31:40]Thank you, Your Honor.

[00:31:46]As Attorney Pavlovsky pointed out, there's not a lot of answers. There's more questions than there is answers in this case, including for Mr. Darengowski. Uh when we're looking for an explanation, we don't necessarily have a great explanation, but there is some insight in the pre-sentence investigation report on page eight. Near the bottom, it says, regarding why he committed the crime, the defendant provided the following written statement, "I'm not sure. I did too many drugs. I was manic and hallucinating."

[00:32:20]As you review the pre-sentence investigation report, you'll notice that there is no violent history in Mr. Darengowski's past. Um he he's never been before the court for anything even remotely similar to something like this. Um He, by his own admission, and that's part of the reason why attorney Pavlovsky says that there's a pretty extensive list of substances that Mr. Darin Gauski has experimented with in his past. It's because from day one, since we started addressing this case in this courtroom together, he's been very forthcoming with everything. He's here because he pleaded guilty as charged to this level five felony. This is not a reduced offense that he's pleading guilty to. Ultimately, he's taking responsibility for his actions.

[00:33:15]There was zero dispute, nor will there ever be any dispute as far as any of these figures presented by Mr. Mackle, and I certainly, even if given the opportunity, certainly don't have any questions for Mr. Mackle because that's not necessarily why we're here. He doesn't owe anyone any explanations, and frankly, you sure I told Mr. Darin Gauski, you know, to speak when it's the appropriate time, but he's been nothing but apologetic. When the ability to get this resolved, knowing that there was physical, emotional harm, but also a financial loss incurred by Mr. Mackle, Mr. Darin Gauski, not once did he hesitate to say that he would make full restitution. So, as far as the restitution claim that the state presented today, again, there's no objection to everything that was presented as far as the amounts, and I didn't mean to interrupt Mr. Mackle. I understand he's not necessarily familiar with the fact that there's often times 10 different things going on in this room.

[00:34:27]But I just asked attorney Pavlovsky simply to ask, and you followed up with some questions too just to make sure that those amounts were what wasn't covered by insurance. And whatever is coming out of Mr. Mackel's pocket and certainly we understand and he's made very clear that up to this point he doesn't have deep enough pockets to even fulfill these obligations to the extent that Mr. Darin Gaskey can and when that timing is whether it be um after this sentencing it's obviously going to be after the sentencing but it whether it's immediately after the sentencing or if there's an executed portion where he cannot go back to work right now he's going to make this a top priority in his life. Uh that being said though is as much as I want to make this about Mr. Mackel because he's the victim here of a a senseless crime that even Mr. Darin Gaskey shows zero pride for and has zero explanation other than he was on so many drugs at the time that something obviously in his mind provoked him whether it was in reality or as a result of a hallucination he did what he did and he doesn't deny it. Whether he remembers it happening the way it happened or not um he doesn't deny that it happened nor he never has nor nor will he. But as the court knows we are here ultimately to decide how to handle Mr. Darin Gaskey going forward. And looking through the pre-sentence investigation report he does have some criminal history.

[00:36:05]And there is one um obviously the one felony that he believes is a misdemeanor and there was one offense which is actually still pending it's out in the Gary City Court.

[00:36:19]Um that case has not been resolved the prosecutor out in the Gary City Court wants to see ultimately what happens here and take that into consideration when resolving that case. That case was committed while he was on bond for this offense as well. But I just wanted to know for the court as far as some of the timing because all of these kind of coincide this offense being while he's on bond for the other.

[00:36:49]He did have two cases pending here.

[00:36:55]And when I say here, Porter County and LaPorte County. I say here because for a a time he had actually left the state of Indiana where he was from.

[00:37:06]And it was after this offense had been committed.

[00:37:11]The I don't know if you've ever met me before, but I would never trust me with bacon. Nope.

[00:37:18]Chances of you getting actual bacon if you send me to go get you bacon is zero.

[00:37:23]I'm going to eat it all.

[00:37:24]He had left not necessarily to run from his problems, but to try to get a grasp on his life. He left to address his excessive drug use. He found himself in a situation where he arguably, you know, and I think it was noted in Mr. Mackel, one of Mr. Mackel's letters that you know, if things had been potentially a few inches different, I mean, we might be having a different conversation Mr. Derengowski may be looking at different charges. And it was a huge eye-opener for Mr. Derengowski. He went, he removed himself from the the people and the places that he knew here, which was nothing but drugs and ultimately trouble. He cleaned himself up. He knew he had warrants. He came back and he faced all of those. He turned himself in and ultimately served a sentence downstairs for a possession of marijuana misdemeanor. As the court's probably well aware for someone in his situation having a misdemeanor possession of marijuana.

[00:38:28]Often times we don't see I can't mess up bacon. I get annoyed that there's instructions on the package on how to cook bacon.

[00:38:36]Cuz if you don't know how to cook bacon, there's something wrong with you.

[00:38:39]What I'm saying is you said that y'all sent me to get you guys bacon.

[00:38:45]No. Uh-uh.

[00:38:47]Cuz if I go to get the bacon, I'm eating it. It's never going to make it back to you.

[00:38:52]Even if I walk as fast as I can from the place where the bacon is and to where you are, I will have eaten every piece of bacon by the time I got there.

[00:39:02]And just so you know, I won't feel bad and it will be so yummy.

[00:39:09]A a 60-day executed sentence. We don't see someone serving time uh and having a conviction, but he did.

[00:39:17]And he also had this OWI that was awaiting him in LaPorte County. So, he he came here, had these warrants served, this case was pending. He served the sentence downstairs with an admission.

[00:39:31]It was a pre-trial diversion that had been resumed. He came back, pleaded guilty to the charge, served the sentence, went over went over to LaPorte County, did the same thing with his OWI, and then put his focus on this case. So, I guess that's just I I only bring that up so the court has a little bit of an idea of the timeline. And obviously looking at this offense being now we're nearing 3 years. This was from June of 2023. So, we're almost 3 years after the fact.

[00:40:05]And I I bring that up because but for that one incident out in Gary, which again he has the presumption of innocence, but I'm not going to get into the details of that or make excuses or even blame it on a misunderstanding, but but for that, I just want the court to know what he has done since June of 2023. Again, he cleaned himself up, he came back, returned to his problems and these warrants and these cases that were uh left unresolved, and this is the final step. But for the Gary case, this is the final step in him resolving these issues. So, he cleaned himself up from drugs. He ultimately addressed three criminal cases here in Porter and LaPorte County. But also, he got back into a career and not just as um someone who shows up for work either high or drunk or whenever someone picks him up. But he's he's turned himself into a foreman at his job. So, he's not See that, Brad? Do you see that?

[00:41:12]Even he doesn't go to work high and drunk. Uh-huh. Uh-huh. Now, responsible for others, he's responsible for jobs being done. It's not just Mr. Darongouski show up, but now it's Darongouski, you've earned the respect and the consistency that we can entrust you. He doesn't own the company that he's been with, Price Right.

[00:41:34]Um and he cuts trees. I don't know if that's ever been brought up in court, but um he works for a tree-cutting service.

[00:41:41]He has no ownership interest, but he sure is at least entrusted with responsibility uh for this for this company. And I think that's just important to know um that somebody who has their financial being on the line and others financial being on the line is entrusting of Mr. Darongouski. Obviously, something that has to be earned, especially when looking at someone who has a pending felony case like this.

[00:42:08]Um in looking at the statutory mitigating factors, I do think there are a couple which do apply. I would like to briefly address those. Then, as the court knows, these are in Indiana Code Section 35-38-1-7.1.

[00:42:26]Um certainly, there's not going to be any discussions of provocation.

[00:42:31]Um there's not going to be any discussions of Mr. Mackle contributing to this offense because, frankly, Mr. Darengowski himself, doesn't even have a valid explanation other than his excessive drug use for his actions.

[00:42:47]But, one of the things that I did want to point out as far as the mitigators is subsection B2, which says the crime was a result of circumstances unlikely to recur. Again, we do not see a history of violence with Mr. Darengowski. And Mr. Darengowski is a couple days away from turning 31 years old. So, he has 30-plus years of obviously, a checkered past with his drug use, but certainly not violence or hitting people in the face with handheld sledgehammers.

[00:43:22]Um I believe that, as far as Mr. Darengowski being a risk to someone's physical or mental well-being due to acts of violence, I do not believe that this is something that's likely to recur. Sir, he hit someone in the face with a sledgehammer for no reason.

[00:43:43]He wasn't angry. They weren't in an argument. No reason. Oh, and he doesn't know why.

[00:43:50]So, oh no, this is very little chance of happening again.

[00:43:55]Especially so long as Mr. Da- Darengowski remains on the path that he's on, which is drug-free.

[00:44:03]The other subsection um that I wanted to point out is subsection B7 and B8, which they kind of go together. And B7 says that the person is likely to refer respond affirmatively to probation or short-term imprisonment. I say that because again, Mr. Darengowski has never ran from uh, these issues. He's always showed up.

[00:44:32]He's always taken responsibility. Again, without getting repetitive, he is uh, voluntarily, without dispute, saying that he wants to prioritize making full restitution, whatever that number is that the court says based on Mr. Mackel's uh, representations.

[00:44:51]Um, the other one, subsection B8, the character and attitudes of the person indicate that the person is unlikely to commit another crime.

[00:45:03]On one hand, it is a little bit challenging to say that yes, that's an absolute because we saw that he was charged with another offense. Um, it and he was, without going into the detail, at least alleged to have been under the influence of alcohol at that time. So, but for that, and I think this is where sobriety Judge, look.

[00:45:30]I don't think he's going to commit another crime.

[00:45:33]Okay, I know he just did.

[00:45:35]But, I don't think he's going to do it again.

[00:45:38]I don't think so, Judge. is a huge factor in Mr. Darengowski's life.

[00:45:43]Um, but for that, he seems to be on the straight narrow. Since coming back and getting through these cases, he began a relationship with a young lady who had a young child, uh, was pregnant with her second, neither of which is Mr. Darengowski the father, but certainly he has stepped into that role having no biological children of his own. Um he's he's put himself and found himself in a relationship with a young woman with two young kids.

[00:46:15]I essentially started a young family that he potentially didn't have to. And I get it, relationships are about choices, uh but that's the choice that Mr. Deringowski made.

[00:46:27]The next subsection, and probably the last one that I want to address, is subsection B9. Maybe we should stick him in the room with the the minor we just saw with a gun.

[00:46:39]See what happens. Which says the person has made or will make restitution to the victim of the crime for the injury, damage, or loss sustained. You've heard now numerous times from me that Mr. Deringowski has every intention of paying every bill that Mr. Mackle has presented.

[00:46:58]Uh again, he's not proud of why we're all here today. It's out of character for Mr. Deringowski. He doesn't have a violent nature. Certainly when he comes here, he may not be smiling today, but when I talk to Mr. Deringowski and kind of remove him from the severity of the situation, he's a very friendly, happy, uh easygoing guy. And I understand that it's it may be a challenge for me to say that where Mr. Mackle may feel like maybe he's been stripped of that portion of his personality, whether that be permanent or at least temporarily. Um but Mr. Deringowski ultimately um he's vowed to himself and to Mr. Mackle and will to the court that ultimately he wants to be on the straight and narrow.

[00:47:51]So now, I guess to conclude, what do we do as far as a sentence?

[00:47:57]I'm purporting to the court that I believe that the mitigating factors are existent, they are applicable to Mr. Darin Gawronski in this situation, and that they do outweigh the aggregate aggravating factors.

[00:48:12]We're here on a level six, which is a normal or sorry, a level five, which is normally a one to six-year sentencing range, but under the terms of the plea agreement, if the court accepts it, this sentence is potentially capped at three years in the Indiana Department of Correction.

[00:48:27]I'm asking the court on behalf of Mr. Darin Gawronski to consider a mitigated sentence somewhere between one and three years, the length whatever the court deems appropriate under these circumstances, but to consider suspending the remaining portion of this sentence, and certainly imposing conditions. And I bring that up because there are no alternative placement options. I did and we continued the sentencing one. I did contact Porter County and they contacted Lake County, and just due to the nature of the offense, they deemed him ineligible. So now our choices are basically probation or incarceration. There is really, in my estimation, really no middle ground. So I am asking that the court consider probation one, so that Mr. Darin Gawronski can continue to work and can get started on these restitution payments towards Mr. Mackel, but also that he can build on the progress that he has made over the past several years since this incident, and I think he can accomplish that with the court's oversight requiring drugs drug tests, drug treatment, um there there are ways without incarcerating Mr. Darin Gawronski and removing him from his ability to make uh a an income to pay back Mr. Mackle. There are ways of accomplishing potentially the same goals and addressing the issues that arguably would need to be addressed in this situation. So, that being said, to summarize, I'm just asking for you to sentence him somewhere between 1 and Nobody would ever block you. Never.

[00:50:13]Never. Never.

[00:50:15]3 years, whatever you deem appropriate, but certainly consider the mitigators, consider suspending the remaining portion, consider how whatever issues need to be addressed can be addressed while on probation versus incarceration.

[00:50:31]And finally, if you do not think that it is appropriate in this situation and that Mr. Darren Gawronski should leave here in handcuffs and go to the Indiana Department of Correction, I would just ask that you make it a part of the sentencing order that he be enrolled in the recovery while incarcerated program, which was mentioned and recommended by the probation department, and that upon successful completion of that program, he be given the opportunity to come back and petition for a modification of his sentence.

[00:51:06]The maybe the final thing I'll note to that end is when he was incarcerated on these matters previously, both this matter and the Superior Court 4 matter, which was the possession of marijuana, upon his return from Iowa, he did complete the program over in the jail as well. That was something that he had done while he was here. So, the Porter County drug offering, he's already done.

[00:51:31]Um but again, but for that hiccup in Gary, um and again, I don't want to go down that road of talking about the truth of anything, um but but for that, looking at its worst case scenario, um he's been on the straight and narrow, and I just want you to take that into consideration. Thank you.

[00:51:55]Uh Judge, I just think you should send this guy to DOC just because his lawyer talked too much.

[00:52:02]Get on that.

[00:52:08]So, first of all, I need to enter a judgment of conviction.

[00:52:15]Before I can sentence Mr. Darangouski, the court must enter a judgment of conviction.

[00:52:23]Pursuant to the terms of the plea agreement, >> [gasps] >> Mr. Darangouski pled guilty to count one, battery with a deadly weapon, a level five felony.

[00:52:35]Therefore, I enter a judgment of conviction under count one, the only count, battery with a deadly weapon, a level five felony.

[00:52:46]>> [gasps] >> Pursuant to the terms of the plea agreement, the parties were to argue sentence, which they just did, with a cap of penalty of 3 years in the Department of Correction.

[00:53:02]And we've heard from the state that says that this is a tough case, this is a senseless case, this is a strange case, to use my word, it's a stupid case.

[00:53:13]Um and that I would also add that this shouldn't happen, shouldn't have happened, and it should never happen again.

[00:53:22]Uh So, the state says, well, in order to prevent this from happening, he's having to do all 3 years in prison.

[00:53:34]Um And Mr. Roberts says, uh he's having to do all 3 years on a suspended sentence.

[00:53:42]Um the law requires me to do a few things.

[00:53:48]The law requires me to set forth aggravating factors and mitigating factors, which we've just heard at length.

[00:53:55]Um the aggravating factors are the defendant's prior criminal history and I believe significantly we we heard at length different uh involvement with courts in different states.

[00:54:17]And and the timing of the case that to me mattered was uh this this crime, admittedly, occurred in this case on June 24th of 2023.

[00:54:47]And Mr. Gerantowski then allegedly was charged with disorderly conduct and public intoxication on September 1st of 2024.

[00:54:59]So, while he was on bond in this case having been charged with battery by means of a deadly weapon he then was charged with disorderly conduct in public intoxication.

[00:55:16]That matter, which is still pending, um allegedly occurred after this matter.

[00:55:25]>> [sighs and gasps] >> So, the present's investigation report list as aggravating factors the defendant's prior criminal history and that he had recently uh violated the conditions of probation or bond pre-trial release.

[00:55:41]Uh Mr. Roberts talked about mitigating factors uh and and the mitigating factor that he didn't talk about is that uh Hurry up, order another one. Hurry up, call them up.

[00:55:59]Mr. Darangouski has admitted his guilt in this case and basically said there's no explanation for his guilt. There's absolutely no explanation for what he did.

[00:56:14]Uh I mean, it's like I don't I don't believe that he woke up that morning and says, "I'm going to go hit somebody today with a sledgehammer."

[00:56:21]Um but the defendant has has admitted his guilt.

[00:56:28]Um >> [sighs and gasps] >> and I find as a mitigating factor that the defendant is likely to respond to a short period of incarceration followed by probation.

[00:56:40]>> [snorts] >> I'm also required to set forth credit days.

[00:56:44]Based upon the information that the court has, the defendant shall receive credit for 117 actual credit days of today.

[00:56:58]So, I've kind of tap-danced around then as what is what is an appropriate sentence?

[00:57:04]What is what is justice?

[00:57:06]Uh Additionally, I am entering and ordering Mr. Darangouski to pay through the clerk's office uh restitution to Mr. Mackle in the amount of $15,698.63, which I believe to be the net bills after payment from any other sources.

[00:57:33]So, the question then becomes is what is justice? What is an appropriate sentence for what happened here?

[00:57:44]Obviously, if Mr. Daren Gasky walked up that day and said, "I'm going to hit someone with a sledgehammer on purpose."

[00:57:53]That could be charged as attempted murder.

[00:57:57]Uh Those aren't the facts in this case. The facts in this case are it's just incredibly dumb.

[00:58:07]>> [sighs] >> But, the the stupidity of this isn't hidden by the fact that it was caused by uh Mr. Daren Gasky being under the influence of drugs, which he admits.

[00:58:28]So, one of the purposes of the court system, one of the person purposes of justice is to prevent that from happening again.

[00:58:39]So, which is why the the Gary case, which happened afterwards, is a concern of mine. [clears throat] Uh if the if the actions were caused solely by drugs or alcohol or some combination, then the way to stop future actions is to stop using drugs or alcohol.

[00:59:01]And then, if you do something like that again, it's just that you're evil or bad as opposed to high or drunk.

[00:59:08]Uh So, uh Should Mr. Daren Gasky go to prison for 3 years or or should he get a 1-year sentence and have it all suspended?

[00:59:25]>> [snorts] >> And what are the purposes of incarceration?

[00:59:29]And I'll try to get through this here fairly quickly.

[00:59:33]Um >> [sighs and gasps] >> Clearly Mr. Darren Gasky should have some time served on probation and that will serve two purposes.

[00:59:48]The purposes of the probation, which I think would would come into play in this point, is that the sooner that uh Mr. Darren Gasky is on probation and I understand that he makes good money working as a supervisor uh at a at a tree cutting service. I understand that. I hope he gets the job later.

[01:00:15]But the sooner that he's on probation, then the sooner the victim can receive restitution payments.

[01:00:25]The sooner that he's on uh probation then uh supervision outside of a penal institution will begin.

[01:00:39]So there should be some part of the sentence that's served on probation.

[01:00:44]So what's an appropriate sentence?

[01:00:49]Thank you for the tears. I believe an appropriate sentence in total is 3 years.

[01:00:56]And I'm getting going to then explain how that time is to be served.

[01:01:02]The first person first uh reason why someone is incarcerated either in the Porter County Jail or the Indiana prison system is to protect society.

[01:01:16]So that is uh does the defendant pose a threat of harming other victims in the future.

[01:01:27]The risk assessment set forth in the pre-sentence investigation report indicates that this is unlikely to occur or the risk is low.

[01:01:37]Um and as I've said, I don't think Mr. Derengowski woke up the morning of this event and said, "I'm going to go hurt somebody with a sledgehammer."

[01:01:49]Uh So, there's no uh need for a lengthy prison or jail sentence to protect society because I don't believe Mr. Derengowski is going to do this again.

[01:02:09]Having said that, having uh picked up a case in Gary afterwards causes me to have some questions though.

[01:02:19]>> [gasps] >> Uh another reason to incarcerate someone is to punish someone for what they have done.

[01:02:27]And we have heard from the victim today and while he was speaking, Mr. Derengowski said he's sorry. And I believe that Mr. Derengowski is sorry for the harms that he has caused. I believe that.

[01:02:44]So, another purpose of incarceration is deterrence.

[01:02:50]So, would sending Mr. Derengowski Derengowski to prison forever deter similar crime? No.

[01:02:59]Um would uh having him serve his entire sentence on probation, whatever that is, make it more likely that this would happen? No.

[01:03:11]This this sentence does not serve any rehabilitative purpose.

[01:03:17]Um And Mr. Robert as well as the presentence investigation report talked about the most critical aspect of this sentence.

[01:03:29]Um And Mr. Robert correctly, I think, says that uh this event happened because of uh Mr. Daragowski's intoxications from multiple sources.

[01:03:51]Um So, the way to stop that is to stop him from being intoxicated.

[01:03:58]>> [gasps] >> Um And the way to stop that uh is to have rehabilitation.

[01:04:07]And what uh What Mr. Robert said is that Mr. Daragowski has presented or participated in the rehabilitate or the uh uh chemical dependency and addiction program in the Porter County Jail.

[01:04:25]Um So, I think this. I think Mr. Daragowski should be incarcerated for some period of time to punish him for what he has done.

[01:04:40]He should be incarcerated for some period of time so that he could participate once again uh in rehabilitation services that are provided from the facility wherein he is incarcerated.

[01:04:57]Uh And I think that he should have some probationary period sooner rather than later in order for the victim to to get paid sooner rather than later.

[01:05:10]So, I sentence the defendant to 3 years in the Indiana Department of Correction.

[01:05:18]Of that, 1 year is suspended to formal probation.

[01:05:27]That is the sentence. However, the court recommends strongly to the uh Indiana Department of Correction that Mr. Darongowski be allowed to participate in their rehabilitation while incarcerated program or whatever programming they then deemed to be appropriate because they change the name of it occasionally.

[01:06:02]I disagree with what you did, Judge. I would have given him more.

[01:06:06]If after 1 actual year of credit time, including the 117 credit days that he served in the Porter County Jail, if after 100 or if after 1 year of actual credit time, including the time in the Porter County Jail, and if Mr. Darongowski has successfully completed the rehabilitation while incarcerated program, he may then move uh for to modify his sentence for a reduction of his sentence.

[01:06:52]So, that is the order of a court. 3 years, 1 year suspended >> [gasps] >> after 1 actual year and the defendant successfully completes, he may then file a petition for a reduction.

[01:07:06]>> [gasps] >> The order should in the abstract it goes to the Department of Correction should be clear enough so that uh Mr. Darongowski is allowed to participate I see. within the RWI program as soon as he gets to the Department of Correction.

[01:07:30]>> [gasps] >> There's a case that came down recently that that says that although this plea is part of a plea where there's a cap on sentencing that I was supposed to go through a great detail and say, "Mr. Darongowski, if the case had gone to trial, you had the right to appeal the conviction and the sentence." And you understand that this sentence is less than your entire plea. Do you understand that? Yes, sir.

[01:08:03]And you have waived your right in the plea agreement to appeal your conviction and sentence, but you still have a right to file a petition for post-conviction relief if you wish. Do you understand that?

[01:08:17]>> Yes, sir.

[01:08:18]>> [gasps] >> Having said that here is what I would like you to do.

[01:08:25]Uh I would like you to successfully complete rehabilitation while incarcerated.

[01:08:32]I would like to see then a progress report from the Department of Correction.

[01:08:40]Uh I would like you then out of the DOC supervised by probation having drug and alcohol tests and paying Mr. McCall the money that you now owe him. Do you understand that?

[01:08:55]Yes, sir. Also, can I make one note that I did complete the TC program in Porter County Jail?

[01:09:01]And I did find that to be a really rewarding thing when I was in there.

[01:09:04]And And I I wish you well, and I want you to get out and start making payments. Take advantage of the RWI program. All right. Uh just a couple quick points of clarification. I do have a blank restitution form here. I put the amount in.

[01:09:18]Um there's a couple check boxes. Can I mark $13,698.63, uh which would be ordered as a condition of probation. So, you are to pay that when you are released from the Department of Correction. Can I also mark uh release of the cash bond always to get some payment uh towards Is there an assignment? There is. Monica is very very very scared of Australian Border Force.

[01:09:49]I'll leave it up to the court. I don't want to rob defense counsel.

[01:09:54]Uh Uh So, a court costs will come out of the uh bond that has been posted.

[01:10:09]And the remainder of the bond will go to the victim at this point.

[01:10:18]Anything else we need to address?

[01:10:20]I also have a financial uh as a term of sentence, which I believe is part of the plea that I've been also >> The no contact order which was previously entered will remain in force and effect during the term of the sentence. Except to pay him. You can contact him when you pay him money for his bells.

[01:10:38]All right, enough talking. Go to jail.

[01:10:39]Good luck to you, Mr. Dearing. Thank you.

[01:10:42]>> a at least 1 year in jail starting today. That the credit time doesn't touch.

[01:10:49]All right. And then he can then he can ask if he can be released early on the probation.

[01:10:55]Since Drunken Smurf is here, I'm going to play a quick splice or 5 minutes from I don't know a bit ago.

[01:11:03]Oops.

[01:11:04]>> [laughter] >> I played it on my computer. Y'all can't see that. Thank goodness you can't see what's on my computer.

[01:11:12]If that would that would be horrible.

[01:11:15]Judge Bligh show.

[01:11:19]Okay.

[01:11:20]Um So, no. PTI Does not walk in jail. It's not Okay.

[01:11:29]Where is Mr. Rodriguez here now? Okay.

[01:11:31]Coming up Mr. Rodriguez, so um this is his what I'm going to tell him now is this is the the final um At this point, if we set it, he will go to trial. And I will not accept any more plea bargain agreements after this day.

[01:11:48]If And this is an if in capital letters if I f. If they open tier one, then they're talking Man, no porn in shots. Geez. We're talking about tier one opening in late May, early June. I'm not No. No.

[01:12:06]I don't know if you know tier one, they dismiss it on the front end. Okay? So, we If you know the If it opens, we're we're we're going to set it What do you mean they dismiss it on the front end? He doesn't have to do anything. They just Once you enter tier one, the case is dismissed.

[01:12:20]>> That's I mean, they dismiss it, they dismiss it. But, if you set it for trial >> Yes. So, what offers do you have on the case? And then >> PTI offer. Tier two. And then Got it.

[01:12:30]So, your case is 201 days old. We set cases for trial at 180 days. I'm not in the business of just going to continuing to delay, delay, delay, delay. No. If you want to set it for trial, wonderful.

[01:12:42]I'm happy to do it. But, I'm not going to accept any more plea bargain agreements after this time. We're not going to set it for trial. You get here, we get a jury here, and then okay, well, now I want to plead guilty. It's not going to happen. If we said it, you will go to trial. If they dismiss it, that's on them. I don't care. But if you said it, you will go to trial kicking or screaming. Do you understand? Yeah. I don't want you to make a decision now.

[01:13:03]I'll have you talk to Herman Herman.

[01:13:05]We've talked and she's talked to my staff. We're comfortable going forward.

[01:13:08]Okay. So, we'll give you a trial date 30 days. Sure. You got to be here on the day of trial unless they dismiss it.

[01:13:14]We'll go from there. Very good. Thank you.

[01:13:15]>> Okay. All right. Please. Thank you.

[01:13:18]Thank you. Sir, yes.

[01:13:20]On a Perez.

[01:13:24]Perez.

[01:13:25]You speak English, sir? Yes, sir. So, you're charged with harassment. You're facing up to 6 months in jail and or a $2,000 fine.

[01:13:32]We are going to do probable cause. You have the right to remain silent.

[01:13:35]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 for you, sir.

[01:13:41]Okay. On >> [clears throat] >> May 1st, officer conducted a follow-up investigation based on a report from May April 11th, 2026 where officer got a complaint with this who stated that she was in a dating relationship with the defendant and that they broke up and she informed him that he cannot contact her in any way. The complainant stated that she then proceeded to block the defendant from all social media accounts and her phone number so he cannot contact her and the defendant began to send her Zelle transactions and she knew it was him because his phone number was attached to the transactions.

[01:14:13]Complainant stated that the Zelle transactions range range from $0.05 to $20 and a written memo attached to each of them.

[01:14:19]Um Three transactions and two of the three What a horrible form of harassment, judge. He keeps sending me money, judge.

[01:14:29]>> [laughter] >> Make it stop. I can't I can't take no more money, judge.

[01:14:35]What did the memo say? Feel free to harass me, guys. Feel feel free. I'll give you my Venmo. I'll give you my Cash App.

[01:14:44]I'll give you my PayPal. Harass the heck out of me.

[01:14:48]>> [laughter] >> And she was not liking all the answered his all messages.

[01:14:53]Um and that the defendant needs to stop contacting her.

[01:14:57]Um and then on April 10th, she received four transactions.

[01:15:02]April 19th, she received another transaction. May 1st, she received four transactions. Um [clears throat] consisting of memos typed by the defendant saying, "I'm glad you're already gone because you had nothing going for you."

[01:15:14]Uh quote, "MAGA." Quote, "Get gas because you're going to need it." Quote, "Don't send it back. Trump wants to get habit." Uh the complaint stated she wants to press charges because she cannot remove her phone number from her Zelle account due to the fact of it being a payment method and she [clears throat] keeps receiving these messages.

[01:15:29]Okay.

[01:15:30]Mr. Trevino, I'm going to find that there Or Mr. Prez, I'm going to find that there's probable cause to go forward with your case. As a condition of your bond, I'm entering in now what's called a magistrate's order for her to receive protection.

[01:15:41]This is a court order that identifies Ms. Deep as a protected individual. You cannot commit family violence or assault against this person, commit an act in furtherance of an offense under Section 42.072 of the Texas Penal Code, which is the stalking statute. You cannot threaten, harass, use another person to communicate a threat or harassing behavior. You cannot be in possession of a weapon or go within 200 ft of where she lives or where she works. If you violate this court order, I will issue a warrant for your arrest. I'm going to put you in jail. No more PR bonds for you. This is not a revolving door. Do you understand?

[01:16:15]Yes. You're also not to be in possession of any weapons. And when I mean no contact, I mean no contact of any kind.

[01:16:21]Social media, Zelle, anything whatsoever. You do, it's just not going to end well for you. Do you understand?

[01:16:29]Um So, what do you think for a bond?

[01:16:34]Judge, we would ask for a personal bond.

[01:16:36]And the alternative, if you wanted to do go up, we ask for 500. He does I Burns Mail Box as a residence.

[01:16:42]What's your position on a PR bond? Uh you sit in front of the judge.

[01:16:47]Okay, I'll set your bond at $500. I'll grant you a PR bond today, Mr. Press, but I want you to understand something.

[01:16:54]Like I said, it's not a revolving door.

[01:16:56]If I have to revoke your PR bond, I'm going to raise it up and I'm going to make it extremely high. Do you understand? No means no.

[01:17:04]I don't care what your excuse is. I don't care who tells you what. I don't care what party you go to. Do you understand?

[01:17:12]I'm going to have you sign a reset. We will have you take your seat in the jury box while we get your bond conditions, while we get your bond ready, and then we'll go from there. Sorry. All right.

[01:17:19]He thinks he's funny. Bobby, you think this is funny.

[01:17:23]The other night, like I don't know, just a couple nights ago, I don't remember what night, I ordered fried chicken for dinner from a place around here that I've never ordered from. You know, support local. I like to support local. I'm going to I'm going to buy some fried chicken for the kids from this place for dinner, okay?

[01:17:44]So I take a bite out of one of the chicken legs when it gets here, and my whole mouth is on fire, and my throat is on fire, and it was just it was so hot. I don't know why, but I couldn't eat it, okay?

[01:17:58]So I So I fall asleep for like, you know, 3 hours or whatever, and I wake up and I'm starving, cuz I worked all day and I didn't get any dinner.

[01:18:08]And then I remember, oh bet I bet I I bought chicken for dinner.

[01:18:12]So I go downstairs to get a piece of chicken. I forgot. I forgot, okay? I go downstairs, I'm tired. I go downstairs to get a piece of chicken. All the chicken's gone, so but I live with my son.

[01:18:22]So I go downstairs to my son's room.

[01:18:24]Give me a piece of chicken.

[01:18:26]Why did you take all the chicken? He had all the chicken, the whole the whole box.

[01:18:31]So I grab a chicken leg.

[01:18:32]>> [laughter] >> Cuz I'm starving.

[01:18:35]And then I eat it, and my whole mouth is on fire. [laughter] Like and my throat is on fire and yeah.

[01:18:42]Yeah.

[01:18:43]I I I would love if they wouldn't make their chicken so hot. There's no no reason for making hot chicken.

[01:18:51]Unless you order hot chicken. You know, I know that people love hot chicken, but not me.

[01:18:57]All right, let's go to our crazy guy in WebEx. Shall we?

[01:19:03]Yeah. So, being a single mom and I know they're older now, but it's too late. Being a an only parent, not just a single parent, an only parent and a server and a computer programmer for most of that, coffee for me is So, like I mean, it's I need it. I need it to survive. I need it to keep moving.

[01:19:30]But, I don't really get to to taste it.

[01:19:33]Like I'll pour a cup of coffee and then I'll have to go and do like 100 tasks.

[01:19:38]And then I'll be able to sip the coffee or I I usually just gulp it as fast as I can cuz I only have like a second. I have a second to get the coffee into me.

[01:19:46]So, I'll gulp it as fast as I can. And then pour another cup and then go do a million tasks and then come and and drink the coffee. So, it doesn't matter what it tastes like. It does I don't have time to taste coffee. I just have time to get it into me as fast as I can before running.

[01:20:04]Okay. Even at work it where we have a big coffee nook where I make all the coffee. It's just a room. It's just a room where I make all the coffee for the buffet.

[01:20:14]I always have a cup of a little cup of coffee in there.

[01:20:18]And usually it's just black. It's just as soon as I I brew the coffee, I just pour myself a little cup. And then every once in a while when I go and I check the coffee, I'll just go and drink it, pour another cup, and keep going. I don't what it tastes like.

[01:20:34]It would be nice to be able to sit and I don't even know if even with dinner it's hard for me to sit and just casually eat a dinner.

[01:20:43]Cuz like when I'm serving, I take a bite, and I run around, take a bite, run around, and you know, when you have kids, they don't let you sit down and eat dinner. You you have to you have to get everything into your mouth at one time and put it in your belly.

[01:20:56]So, I don't I don't know if it's just it's hard for me to just sit and drink a cup of coffee, sit and eat a dinner.

[01:21:03]It's impossible for me.

[01:21:06]Crystal, thank you for the 1,000 jewels.

[01:21:09]Um is that coffee by any chance? Oh, no, it was a heart. Thank you so much. I wish it would show big on my screen.

[01:21:19]But yeah, I don't eat gracefully. I I've I learned that the other day. Like I just I hurry. I You know, like when you're in prison and you like eat with your arm covering your food.

[01:21:31]I feel like, you know, if someone would watch me eat, they would think that I'm I'm a con.

[01:21:39]Speaking of con what do you call a prisoner who's been tased? Don't Google it. I'm not going to I'm not going to tell you right now. I'm going to tell you in in a minute, so you guys can think about it.

[01:21:56]But what do you call a prisoner who's been tased with a taser?

[01:22:00]And let's see here.

[01:22:05]Jeremy V. Hill 25 T 103, sorry, 83 5M 769 6T 161 I have one person still online by WebEx, but Mr. V. Hill, is that you?

[01:22:21]Shaka Khan Yes, sir.

[01:22:27]Okay. So, you were given permission to appear if you had qualified for the public defender. I don't see any entry from the public defender.

[01:22:36]I didn't have a public defender. Yeah, um I'm going to just I decided I'm going to I've had been a lot of conflicts with just the public defender in general like mine up here injunction and so I'm just going to represent myself.

[01:22:55]Okay.

[01:22:56]Figure out what's going on why things behind the scenes are happening the way they are. I mean, I I just I'm representing myself right now.

[01:23:04]Okay, well and you have a right to do that. The first question is this though, you you were given permission to appear by Webex if the public defender appeared entered an appearance.

[01:23:17]Uh so, you should be here in person.

[01:23:18]>> like my public defender um injunction was going to because what I don't understand is why like I don't I have to have multiple Colorado public defenders and file multiple applications. I thought I made it clear with my public defender injunction. Because you have multiple crimes, sir.

[01:23:36]In multiple counties, sir. Probably in multiple states, but I don't know that.

[01:23:41]That she was going to represent me and I thought we kind of even talked in the courts that like one Colorado public defender can do all my traffic cases. They're all traffic. I don't need and I'm getting arrested time and time again over like traffic stuff. I mean, I think you kind of know my story. Been living in my truck for 5 years. Trying to hold on to that thing while the cops take me down every other week. Getting arrested, you know, and I'm not blaming nobody, but I'm asking for help and assistance in keeping my court dates straight and connecting the dots and getting global resolutions. So, I'm not like strung so thin across survival that I'm looking like some kind of criminal and it's just adding up and up and up and up and you know, I'm I'm just digging me a hole that I'm not going to be able to get out of over license. Well, they're driving meanwhile, I need to drive like every single day.

[01:24:27]Okay. I mean that's how we get around.

[01:24:29]That's how we work, you know, so I Mr. Vhill, so I'll try to answer a couple of your questions.

[01:24:35]Um, you have a right to be represented by a court-appointed attorney if you qualify.

[01:24:42]Um, but you don't have a right to dictate who represents you um, or how the public defender or court-appointed process works.

[01:24:54]So, it's my understanding that >> Listen.

[01:24:59]That the public defender's office has divided up into different offices that are assigned to each different judicial district. Colorado itself is divided up into multiple judicial districts where the local DA prosecutes the case.

[01:25:18]And so, there is no one DA that prosecutes cases over every county um, border. Um, there's a Mesa County District Attorney and there's a Mesa County uh, office of the public defender.

[01:25:35]There's a 7th Judicial District District Attorney um, and there's a 7th Judicial District um, office of the public defender. And so, um, the process and system that's been set up is that the the DA in the district where you're alleged to have committed an offense does the prosecution and the public defenders who are assigned to the office in that jurisdiction do the defending.

[01:26:07]Um, so unless there's very special circumstances because of >> [laughter] >> for instance, say a office is somehow cannot represent someone. The The Mesa County uh office of the public defender does not represent people in traffic cases or misdemeanor cases or felony cases here in Montrose.

[01:26:31]There's a separate office.

[01:26:33]Um and it's highly unlikely uh because I've never seen them do it that they're going to modify their process and their organizational plan um because you would prefer to have one public defender represent them or represent you in both uh Mesa County and Montrose County.

[01:26:58]So um if you want to be represented by the public defender in cases here in Montrose, you have to apply for representation by the public defender through the Montrose office.

[01:27:12]That's how it works.

[01:27:14]Well, that's That's hilarious that you ran me through that like I don't know what time it is about the law and I understand that. And my unfortunately I've had lots of experience How dare you treat him like he doesn't know what's going on when he clearly does not know what's going on, Judge. with the law when I used to drink and so I have had plenty of experience where there was global resolutions and that's what I was asking for, a global resolution. Well, you're trying to dictate and have and I mean I'm sorry that I can't spread the wealth like that. I'm I'm worried about my life and simplification of the system. And I know there's such Oh, shut up, sir. It is funny, Granny, that Ren did not answer that question, did he?

[01:27:51]He deflected it.

[01:27:53]He is global resolutions and I was asking for my lawyer to get with the public defender, the DA, whatever they got to do to create a global resolution for me so I can like come to court >> So get this all done and get on with my life.

[01:28:06]Okay, but Mr. Behill >> But since that's not going to happen part I think Mr. Behill and moving forward. I'm not going to argue I'm not going to traffic. I got to go. I got 2 hours.

[01:28:14]>> talking.

[01:28:16]I don't care if you like put a warrant out or get mad at me. I'm pissed off at this system. Do you understand that? It failed me. It failed me miserably. Mr. Vehill, you need to stop talking.

[01:28:26]>> So, give me a new court date. I'm representing myself. I don't need to be talked to, talked down to. You work for me, bud. Okay? And I'm tired of it. I'm going to I'm going to be telling everybody that I'm going to be going to convention and tell them to change this whole system. I don't care how many times you put me in jail cuz it's never I'm not going to kill nobody. So, it's all traffic. You can get me over and over again. I'll buy a new truck. I'll buy everything. I'm going to mute you, Mr. Vehill.

[01:28:53]So, Mr. Vehill, I am very aware that the people who appear in court are frustrated and don't want to be there.

[01:29:04]And and so, I have an understanding of that.

[01:29:07]Uh what I'm not willing to do is allow people to talk over the court, um and act inappropriately towards the court. When I instruct you to appear in court, or I instruct you to stop talking so that I can talk, you need to follow that. And if you don't, you could be held in contempt.

[01:29:30]So, at this point, you need to take a deep breath.

[01:29:34]I'm going to unmute you in a moment.

[01:29:36]Um and I'm going to attempt one more explanation, um given your indication that you were looking for a global disposition, um and explain why how that relates to what I just explained to you, um but we're also going to deal with this issue of you appearing by WebEx, um contrary to the court's direction. So, I'm going to go ahead and and unmute you, and I I'm going to attempt this uh uh exchange again, but I I'm warning you you need to address the court appropriately just as the court will address you appropriately.

[01:30:21]You need to take turns talking, and that includes when I say stop talking so I can talk, you need to stop.

[01:30:28]Um I I do work for the state of Colorado um and serve the citizens of the state of Colorado, but at this time in this context, you're a defendant before me, I'm the judge, it's my job to um to shepherd this case through the judicial system as a judge and I have certain authorities as it relates to that. Um so just because you're a citizen um you you don't direct my my actions.

[01:31:04]You'll be treated with respect, but I expect you to treat me and the other participants with respect. It's not condescending or condescension, um it's it's just an explanation for how things are. So, I'll go ahead and I'll mute you. If you continue to talk over me, I'm going to mute you again.

[01:31:25]So, Mr. Vehil Um >> You mentioned that that you would you were seeking a global resolution.

[01:31:36]Your attorney in Mesa County is not going to negotiate with the District Attorney in Montrose County um for a global resolution if you've not qualified Well, they're not going to do it one because they don't represent you in these cases and you haven't sought the public defender in this county.

[01:31:59]And so, if you want to have attorneys to try to seek a global resolution, you would need to have an attorney here in Montrose, and you have to apply for representation by the public defender here in Montrose as well.

[01:32:14]Um, because it goes back to that organizational setup that I was explaining.

[01:32:20]Uh, so you're asking your attorney in Mesa County to do something that as I understand it, they're not authorized to do.

[01:32:31]So, with that understanding, do you want to seek representation by the public defender to work out some sort of global disposition, or as you indicated earlier, are you wanting to just represent yourself?

[01:32:49]Exactly.

[01:32:51]I was saying I don't want the public defender. Exactly.

[01:32:54]>> myself.

[01:32:56]Okay.

[01:32:58]So, if you're going to represent yourself, >> need to do all that?

[01:33:04]Because we didn't really need to do all that because I already I already decided I want to represent myself and I'll just look for a new court date. Um, if you want an explanation why I'm not there, that's the reason. I'm I don't live in Montrose. I live in Mesa County. I can't drive. I What more explanation do I need to give other than that? Like I can't I'm not your average your median you know, other people have different lives. I can't exist many places.

[01:33:31]Because I need to be there. You know what I mean?

[01:33:35]I would love to drive to court.

[01:33:36]>> out a little bit, Mr. It takes me many, many, many months to earn $199 from Patreon. Many.

[01:33:45]Be held.

[01:33:47]Your connection has gotten a little choppy.

[01:33:50]I heard you really well at the beginning, but the last couple things you said were choppy.

[01:33:56]>> I would love I would love a life. I'm fine. I'm As much as you can do in life.

[01:34:01]really working towards the life where I can drive anywhere I want to.

[01:34:05]I can go next to the ops.

[01:34:06]I'm tired of this life where I can't drive nowhere where I have to like keep driving how to do all this stuff on Mr. Behill, hold on.

[01:34:16]I'm tired of this life where I can't just keep breaking the law and stop being harassed over breaking the law.

[01:34:21]Why can't I just break the law every day? Harassment.

[01:34:25]Hold on. Again, it's a little bit choppy. Here's what I heard.

[01:34:29]Is that because he's restrained from driving and my recollection is last time he may and I think he represented it here today that he might be living in his his vehicle as well.

[01:34:42]For the purpose of this hearing, any objection to him appearing by WebEx?

[01:34:46]I've not today. Okay. I'll allow you to appear by WebEx today, Mr. Behill.

[01:34:50]If you're going to represent yourself, you can.

[01:34:54]Um but but you're going to have to Let me ask this.

[01:35:02]You indicated that you wanted to seek a global a disposition on your cases.

[01:35:08]Um certainly the DA could put together an offer in the cases here in Montrose.

[01:35:16]Um as it relates to coordination with Mesa County, I I I I don't know that that's going to be realistically possible.

[01:35:24]I have a Mesa You're going to have an opportunity to I 100,000% pay for my own [ __ ] All of it.

[01:35:34]Everything. Everything I eat, everything I drink, everything I have. I paid for it, Bobby. Me. Are you going to want an opportunity to uh see if there's an offer from the DA?

[01:35:48]I mean, yeah, cuz like you got to drive with your driver's license. I'm really sorry for driving off this. I I mean I just wanted to have my license intact.

[01:35:54]>> No, you're not sorry.

[01:35:55]>> want to drive my truck legally one day before the thing breaks down.

[01:35:59]Hey, hold on. Hold on.

[01:36:02]Put me down.

[01:36:02]>> Okay, hold on. Just one sec. Just one second. Mr. Vhill, stop. Just one second.

[01:36:07]And is this going to be Mr. Cloutier?

[01:36:09]Uh it's actually Miss Barrales' case.

[01:36:12]Um Okay. So, as it relates to he's he's at this time seeking to represent himself.

[01:36:18]Um he would like to get some sort of offer.

[01:36:21]Um I guess the question I have for you all is how should he how do you propose he go about that?

[01:36:26]Should he make a an appointment? He can email. You know, we can do email. I can Hold on.

[01:36:33]I'm I'm asking the the prosecuting attorneys who are here.

[01:36:37]Sorry.

[01:36:39]Perhaps we should give him the office phone number and he can call and be given an email or he can make an appointment to speak with someone. Okay.

[01:36:47]So, Mr. Vhill, they're going they're going to give you a a number uh that you can call and discuss you can either potentially set up an appointment that can be in person or by phone.

[01:37:01]Um or if there's a place where they could send some sort of offer, um you can communicate that to them. The actual attorney who would be prosecuting these going forward is not currently in the courtroom. So, do you have a pencil and paper Well, no. I'm walking down the sidewalk right now.

[01:37:19]>> I'm walking down the sidewalk right now.

[01:37:21]Um I don't, but I I would love to do it through email. So, I'll call the district attorney's office and hopefully we can exchange some emails.

[01:37:30]Just operate that way and save it in the phone. It'd be a lot easier.

[01:37:35]Okay. You need to If you'll pause, if you're walking down the road, that that would that would be why the quality of the call reception all right is is changing. So if you'll pause until this hearing's done.

[01:37:53]Okay. I'm fine. You don't have a pencil and paper.

[01:37:58]So how do you propose contacting the uh Well, I was wondering if the district attorney or could take down my email right now.

[01:38:08]Okay, they're going to take down your email and they'll send you an email that has their contact information.

[01:38:14]Awesome.

[01:38:14]>> What's your email?

[01:38:17]A r i e s aries K g sorry, I'm interrupting because it it gobbled up and it was hard to hear.

[01:38:28]Start again.

[01:38:30]A r i e s g K Aries g 10 yeah.

[01:38:48]>> We're going to read that back to you Miss Birdus it looked like you were Yes.

[01:38:52]Yep. Could you This is Miss Birdus just for the people here.

[01:38:57]A r Every digital driver that's my invention. This is the grounding system I'm inventing yet. That's my email.

[01:39:15]Every digital driver I'm going to be wearing my shoes Judge you're going to be wearing my shoes I appreciate it. That's what I think Brent. I think since I entertain you every morning you and Bobby should buy me a whole new setup.

[01:39:27]It's just entertainment expense.

[01:39:29]Actually, you should put it on your company card Brent. And um charge it as you know an aid to help you work every day.

[01:39:40]I think that'll work. Maybe New York.

[01:39:45]Okay. Yes, that's my email.

[01:39:46]>> got really, really bad. So, I'm not following some of what you're saying.

[01:39:51]It sounds like we got the email.

[01:39:53]So, they'll they'll contact you through that.

[01:39:57]I'm going to set the next case for June 3rd at 9:00.

[01:40:03]Yes, here's the question.

[01:40:05]Um Given his representati- representations as it relates to his living circumstances and his driver's license, any objection to him appearing by WebEx next time? No. Okay.

[01:40:18]>> No, I have a huge objection to him appearing by WebEx. First of all, he doesn't know how to use WebEx.

[01:40:26]He doesn't know how to stay in one spot so that we can hear him. And he's rude.

[01:40:31]And if he was in front of you, you could just take him to jail.

[01:40:36]It's efficiency. Well, you can appear for by WebEx. No, I Kelly I'm positive his boss does not look at his credit card statements.

[01:40:47]I'm just I'm going out on a limb here and I'm guessing that his boss does not take time to look at his credit card statements unless there's like something huge on there that seems out of place.

[01:41:00]No one cares. Or phone next time.

[01:41:04]It'll be June 3rd, 2026 at 9:00.

[01:41:09]Did you hear that date?

[01:41:12]I heard you. Hey, good work, Judge. This was hard work. We did it. That was good work today.

[01:41:17]Okay. I'll make sure I'm going to encourage this as well. You need to check your email.

[01:41:23]Yep.

[01:41:24]>> Make sure if if you don't get an email from the district attorney, um you can do a Google search and uh for the 7th Judicial District Attorney and their number and their email should be on that uh and you can contact them but like I said I think we confirmed what the email is but some of this connection has been difficult. Here's the other thing I want to say is next time on on that day at that time you need to be someplace where you're sure to have a consistent good >> Yes, sir.

[01:42:00]phone connection because this has been actually very difficult >> because of the connection at the end.

[01:42:06]Yeah. Well, it's a couple things. It's the old grid trying to hold on because there's a new energy in this universe and um and by the by the way I have to say this cuz manifestation is real. If by June 3rd I'm not a millionaire then something went severely wrong. If if I'm already Same. Preach, sister.

[01:42:27]If by June 3rd I am not a millionaire something just went just terribly wrong, guys.

[01:42:34]on the news about these shoes then um so June 3rd great day. I like it. I'll I'll be there to report that everything is paid off. Everything's taken care of.

[01:42:44]I'll give you your first pair of the founders batch of the LED dinner diver and see you work hard with me today. I do not know what he just said but I want one. I want to be a founder of the what he just said cuz I think he said you get a badge.

[01:43:00]I think he's going to give the judge a badge cuz he's the founder of the I want that badge, too. How do I get that badge?

[01:43:10]And that's all that's all I got.

[01:43:12]Okay, that'll conclude the hearing.

[01:43:14]Thank you.

[01:43:15]Yep.

[01:43:18]And we'll go off the record. We'll we'll go off of WebEx as well.

[01:43:23]All right, now.

[01:43:26]Okay.

[01:43:27]>> [laughter] >> Judge says I'll conclude the record.

[01:43:31]Judge, I wanted that badge. As soon as he said it, I was like, "Oh, I don't know what this is, but I have a goal in life."

[01:43:38]All right, one more clip. Let's Let's take this home with a judge that denies everything.

[01:43:46]Shannon McGrath on behalf of Ms. Clements, who appears in person in custody.

[01:43:50]Um judge, as the court is aware, uh Ms. Clements, I just want to make this record for the court, had a bed date that was set up, um and we discussed that at her last court date. My understanding is um she and um for lack of a better term, her partner who is in the courtroom, were driving to that bed date. I know that there was bad traffic, or not traffic, bad weather.

[01:44:13]His phone died, um having struggles finding exactly where the location was, and she was trying to make sure she was in uh steady contact with Sheridan Grove.

[01:44:22]Um but because they had run into those time constraints, I think the bed date ended up being given away. So then she and her um support system uh had tried to set up another bed date at a and my apologies, at a facility in Monument. It was I know that since then she's been picked up.

[01:44:41]It no longer matters to me. She has an excuse every single time. I am scheduling a revocation hearing on the probation rev. She's being held without bond.

[01:44:49]And judge, I would just ask the court to set some sort of bond. I want to I and I will get that from the court in just a second. And do you also want to make the record that my understanding is um her leg is broken. I think her knee gave out, and then she is pregnant, and she has just found that out.

[01:45:03]>> Well, and that's even doubly scary because she's using drugs while pregnant. May 22nd at 11:00 for the revocation hearing. She's being held with no bond on that case.

[01:45:12]In the other two cases, it's going to be $3,500 cash or surety with intensive supervision, home electronic monitoring, and day reporting. And judge, I just want to make the record for the court that we will be working on cuz I know that she had a bed date um set up, and I know she's since gotten picked up. Um, I will be working with my social worker to see what else we could get her into because I do know that treatment is beneficial for her. I'll make that record. I don't trust that she will stay. She's going to be held without bond until May 22nd at 11:00. She's had excuses for a year and a half.

[01:45:45]And she always comes up with excuses.

[01:45:47]And judge, So now she's going to sit in county until the revocation hearing.

[01:45:51]I just want to make a further record with the court just for with regards to her medical situation right now because I know she has her leg. She just found out she's pregnant and because of that my understanding is her anxiety medication that she is normally on she can't take because she's pregnant. The medications that she normally takes she cannot take. I don't know if that would be different if she were able to get out and actually see a provider instead of sitting in the jail and I am worried for her because I know that anxiety is something that she does deal with and I know the medications are necessary for her but not something she can take at this moment. That's fine but I'm also terrified the fact that she completely uses drugs left and right and and therefore her baby and her health is at risk if the jail the jail has a medical wing they can let me know if they can't take care of her. If they can't take care of her then I will have to deal with it.

[01:46:41]Ladies, come on. Ladies.

[01:46:48]Uh, between now and then if the medical wing has a problem they can get a hold of me and I'll I'll make the appropriate orders.

[01:46:54]And does she have a plan to find a place to go?

[01:46:58]Denied.

[01:47:13]No, we can't hear what she's saying. No, it doesn't matter what she's saying. It doesn't matter. It's just blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah.

[01:47:37]>> I Counsel, as recently as May 1st, you tested positive for amphetamines and marijuana.

[01:47:43]Go ahead, take her. We've got the dates.

[01:47:46]Oh, wait.

[01:47:50]And Judge, I will just note for the record, um that she does have a good place to stay for the time being, and I know that she has a support system that is active >> have a good place to stay for the time being.

[01:48:01]Jail. fully trying to seek out treatment for her, and that's something that we will also be helping with. Counsel, I have said this record before with Alex.

[01:48:09]They always have an excuse why they couldn't make their dates.

[01:48:13]And she's been doing this She's been on probation now telling me she'll do treatment for 2 years.

[01:48:22]And she always has an excuse why she can't do it.

[01:48:25]It's only been 2 years, Judge. Get off her back. She's working on it. So, I think the best way for her to do it is sober up in custody, and then figure out her plan.

[01:48:35]in person in custody, Judge. I did file um our normal motions on the DUI. What I will let the court know, and I didn't realize this until a little too late, is on the traffic case, I don't see that there's any body worn camera. Um I bring this up because there is one motion I'm looking at filing for that one. This one has slightly different circumstances than I think we normally see on a no proof of insurance.

[01:48:55]So, I am reaching out to uh people in my office to see if that was just a mistake, um and trying to fix that. The only other thing I think I might file is something with regards to possibly I don't know. I'm not a lawyer.

[01:49:09]And I'm not a police officer.

[01:49:12]And I'm not a judge.

[01:49:14]But I'm pretty sure you don't need body cam footage for no proof of insurance.

[01:49:21]I am pretty sure that you can just get the insurance company to say yeah.

[01:49:28]He was definitely insured on that date or no, he wasn't.

[01:49:33]They they don't need body cam for that for that.

[01:49:37]Probable cause or reasonable suspicion on that particular case once I'm able to see what exactly occurred. Which case are we talking about here? Um that is uh Cuz I cuz the only one I think I have on the docket today is the 1540 case. Okay, well the 1540 I did file um our standard motions. I think that should be it for that one and I would ask to set for a motions hearing with regards to 25T2176.

[01:49:58]There may be a motion filed. Yeah, we didn't put anything on that. Okay. What I would do though to keep it together is let me put it on the same day. Thank you, Judge.

[01:50:06]>> If if you know if you need to notice something in notice it in, but the DA has to be on notice of what they're And I would absolutely do that once it's filed. Um June 11th uh 2:30?

[01:50:28]Uh that should work for me, Judge. And the only other record I'll make with the court and I know this has been kind of said extensively and I know obviously Mr. White has to serve the sentences that he was already placed on in the revocation case from this courtroom as well as the case upstairs in 404.

[01:50:43]However, um uh just to make the court aware and this is something I can also put in a motion, but I want to say it now in terms of new information. I know that the individual who was I don't know if soulmate is the right word, but right next to Mr. White prior to our last court date had um essentially thrown a bag of some kind of piss on him and then after our last court date broke his door in and beat him up to the point where he now has screws in his arm, has this What how what is the relevance for these case two cases? Um it's the fact that I'm going to be asking for a bond reduction again based on what he is dealing with currently in the jail. I'm going to tell you it's going to be denied without a hearing. That to me the conditions at the jail are are something Well, first of all, they'll hopefully he'll he'll be in a new facility here in another which they can completely separate them in completely different wings.

[01:51:27]But that's a jail security issue and it does not affect what this court's going to do based on the findings I already made. So, I'll tell you it's going to be denied without a hearing because that to me is is a jail security issue for every inmate.

[01:51:40]And I'm just putting the court on notice that that's something I want But I'm going to let you know I'm going to deny it without a hearing. I don't believe that is a sufficient change.

[01:51:48]It does not change the factors that the court analyzed originally.

[01:51:53]And I disagree, Judge, but I understand that All right. we have our baby. Then appeal me. But I disagree.

[01:52:00]Every inmate could complain about that.

[01:52:04]And I think he needs to make a complaint to the to I hate to say it this way, but management.

[01:52:13]Go tell his the your CO supervisor.

[01:52:17]I love that, Judge.

[01:52:19]Judge does a great job. I'm just going to deny it with no hearing. I'm just telling you right now. I'm just going to tell you now I'm going to deny it. No hearing.

[01:52:30]No, they they didn't cuz the piss got all over the place, so they just I don't even I think when an inmate throws or or gets body body fluids in a cell or anywhere, um, the inmates aren't allowed to clean it up. The COs aren't allowed to clean it up cuz it could be extremely hazardous. They have to get like the medical team in to the cell to clean that up. Isn't that crazy? I would make him clean it up, but now he's not allowed. He's not allowed to clean up his own piss because that's bodily fluids.

[01:53:07]I'm going to get more from that judge. I I first Remember when I first started showing that judge like 2 years ago, I I I didn't really I wasn't impressed of it. I didn't really like him, but he's really grown on me. He just He straight-up no.

[01:53:23]And the the the lawyers love to argue with that judge. Like they know and he just choke slams them with words.

[01:53:34]>> [laughter] >> All right, guys. Thank you so much for coming out today. I really appreciate it. I do. I do.

[01:53:41]I shall see you all again in just a couple hours. I And I'll have I'll be very very rested. Because remember I was going to go to an amusement park today with with my job with all my co-workers?

[01:53:53]It's like yesterday was treacherous. There are trees everywhere. It is pouring pouring here. So, we canceled we canceled our trip today.

[01:54:04]So, I'm just You know what I'm going to do?

[01:54:07]I'm going to sleep like it's my last night to sleep.

[01:54:10]And I'll be super rested for you you guys all tomorrow.

[01:54:15]Behave. Please be safe. If you think about speeding while you're driving, think about how much I'll miss you if you get in a car accident cuz I will.

[01:54:23]All right?

[01:54:25]Bye, guys.

[01:54:32]>> [music] [music] >> Well, I thought I'd write a happy song.

[01:54:47]I found a chat [music] room where I belong.

[01:54:53]You don't know how much it means to me with [singing] such a group.

[01:55:00]I'm less lonely. [music] Oh, Kathy's the creator. [singing] She's a leading the way.

[01:55:09]>> [music] >> At Court Vibes, we laugh and we stay.

[01:55:15]Her smile shines bright.

[01:55:18]She's [music] got that grace. Come join the fun.

[01:55:22]It's a welcoming place.

[01:55:24]>> [music] >> I can count on distraction [music] from my pain.

[01:55:33]Cuz this creator takes [singing] you there and back again. [music] Kathy is the heart here. Always in stride, her work is [music] hard.

[01:55:47]But her joy, she can't [singing] hide.

[01:55:50]Oh, Kathy's the creator. She's a leading the way.

[01:55:56]At Court Vibes, we [singing] laugh and we stay.

[01:56:02]Her style is classy. She's always top shelf. Don't take [music] my word.

[01:56:09]Come and see for yourself.

[01:56:13]Her cases [music and singing] are new with a twist or two.

[01:56:18]I really like them. [music] I believe you will, too.

[01:56:24]A little lifeline [singing] passed along in rhyme. Why don't you join [singing] us?

[01:56:31]It's [music] a guaranteed good time.

[01:56:37]>> [music] [music] >> Oh, Kathy's the creator. She's a leader [singing] in the way.

[01:57:02]At CourtVibes, we laugh and we [music] stay.

[01:57:07]Her smile shines bright. She's got that grace. Come [music] join the fun.

[01:57:15]It's a welcoming place.

[01:57:18]And so, in conclusion, I'll wrap up this [music] song. I hope I didn't miss [singing] anything that would be wrong.

[01:57:29]Hope I see [music and singing] you around.

[01:57:32]Don't stay on the shelf. Join in the laughter.

[01:57:37]Come and see for yourself.

[01:57:42]>> [music] [music]