In criminal court proceedings, repeat DWI offenders may face strict bond conditions requiring medication compliance and driving restrictions, with failure to follow medically supervised treatment plans potentially resulting in bond increases and jail time.
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Repeat DWI Defendant Faces Judge West's Toughest Bond Warning YetAdded:
Our intention that the court would allow is to have her in her plea, do a PSI to kind of see where she is. Now, this was a case we brought over from CDC and then decide what is best on the motion.
>> The burglary of I have is the MTRP.
>> Yes, ma'am.
>> Okay. For some reason, I said um I'm before we go any further, I've got a note to remind myself. Have a seat in the jury box. I'm going to get a drug test first.
Hang on to it because it'll get mixed up with my other stuff, please. And thank you.
>> Thank you. You don't want it to get lost in the abyss that I have going on up here.
>> Miss Cawin, you have Zachary Turner.
>> Good morning.
>> Good morning, your honor.
>> Morning, Mr. Coleman. Good morning, sir.
Zachary Turner. Yes, ma'am.
>> And this is 24 DCCR 2197. Mr. Turner is charged with fraudulent use or possession of identifying information.
And what is the announcement?
>> Your honor, we're making a reset. I've talked to the prosecutor and we're needing some more evidence.
>> There appears to be maybe some videos that did not make it to our file.
>> Okay.
>> And thereby not turn to the defense company. I'd like some time to run it.
>> Sure. All right. So, I'll just do a normal reset. Mr. Turner, make sure you stay in touch with Miss Cawton once she gets that information uh from Mr. Coleman. You guys can what it's going to be reduced to, what it's going to take its place, whatever it is. I want that you need to tell him that you have been ordered to get off the medications. But I obviously that needs to be done in a medical way, but I want whatever that plan is and how you're going to do that, and I want that to Miss Delay so she can get it to me tomorrow. Okay. All right.
Free to go.
>> Thank you, honor.
Okay, thank you.
See, um, >> Diamond J.
>> Mr. Floyd, Mr. Floyd here, Mr. Chad. Good morning, Mr. Chad.
>> Good morning, Mr. Chad. Uh, this is Richard Aong Way, 2341318.
Mr. Hoff power. Good morning.
>> Good morning. You're Richard Aong Wave.
And Mr. Aong Wave's case is set for trial to begin with jury selection next Monday. Again, uh what is everyone's announcement?
>> Unfortunately, we had to file a motion for continuence. Mr. Floyd had to have a partial knee replacement um last Wednesday. these other doctor's orders not to sit or stand for long periods of time. Um, and so we had to follow much of this.
>> So I guess our announcement does not recognize.
>> We got I got the message. I don't I don't have an issue. I mean got >> Sure. Is there a timeline on that? So, in the next he's I think he's got a follow-up in 3 weeks and then they'll reassess uh what he's allowed to do, right? Cuz like right now he's still like at home.
>> Sure.
>> Okay. So, I'm going to reset the case to the next trial docket to give him plenty of time. Um obviously you guys know this was going to be the number one probably.
It's really going to be up there next time. So, as far as age goes, uh I'm going to um set it and if I need to um to protect everybody, I can do protection orders from other courts if you need that as well because it'll be time to get it way past time next time.
>> Yes, sir.
>> I tell him I hope he gets better and we'll see y'all the next trial docket.
>> Thank you.
>> You're free to go.
>> Thank you, Judge.
>> Mr. Franklin, you've got Ray. No, >> two cases.
>> Morning.
>> Good morning, your honor.
>> Good morning, sir. You're Ray No.
>> Yes, ma'am.
>> And in cause number 25, DCCR 0386 and 0387, uh, Mr. No is charged with intoxication, manslaughter, and the other driving while intoxicated with a child under 15.
And what is the announcement?
>> We are ready to proceed to trial by jury.
>> Okay. Have y'all done a rejection?
So, what I'll um I'll hold it while y'all do on the tablet. There's a plea bargain rejection.
>> If y'all will get that signed with whatever has been offered that you're rejecting, and then I'll go over consequences, options, all of that, and then we'll get it on the trial docket.
>> Understood. Your honor, get that file.
>> Yes, sir. Thank you. I'll hold it while you get that taken care of. Thank you.
Is uh Dantrell Scott here?
>> Mr. Scott, Mr. Johnson uh called earlier. He is not going to be able to be here. He's ill. I'm going to reset your case. You're free to go. Just stay in touch with Mr. Johnson in his office and they'll let you know when you need to be back.
>> Yes, ma'am.
>> Thank you, sir.
>> Mr. Kelly.
>> Yes, sir.
>> You've got Adam Mo.
>> He's present.
Good morning.
>> Good morning.
>> Good morning. You're Adam Mo.
>> Okay. So, we're here because Mr. Mo is on probation >> for our I did a different type thing where Mr. Mo went and did some time on some of his cases >> in prison. Got out and is now on probation. Apparently, there are some potential issues with regard to where he's living that weren't issues with parole, but are issues with probation.
Is that correct?
>> It sounds like they may be issues with probation. That's kind of why I >> our original emergency motion had a strange title because we didn't know what else to call this other than in an effort to make sure that he uh is doing everything correctly. I think our mission on that was let's get in front of the court and make sure this is being done right.
>> So what's the issue potentially?
>> Adam's parents Jod and Chris Mo who court may remember and they're present again today. um while Adam was incarcerated went to a number of links with the folks from parole to make sure that any home that Adam was going to live in upon his release and beginning the out of prison portion of probation and parole he's on parole too >> correct >> um that their home where he was going to live was in compliance >> right >> um >> parole's approved it >> parole has approved it where The court doesn't mind. I'd rather not say the address.
>> No, no, I don't need that. I just need to know what the issue is with probation.
>> The issue is we are at 574 ft from a church that has a playground attached to it. And I don't want to speak for probation at all, but uh condition I think it's 33.
It isn't vague, but it's neither inclusive nor exhaustive. So, I don't know exactly what the conversation was that probation had with Adam the day that he reported immediately upon his release from prison a couple weeks ago.
And I don't believe that the conversation was, hey, you can't live there. It was this is kind of an issue.
So, our position is a lot of effort was made. Um, >> so what's the issue?
>> Um, excuse me. So his condition number 33 says that he's not to be within 1,000 ft of places where children call or gather.
>> So it's not limited to that list. Um and so I believe it's the 574 ft from the church with the playground attached is the issue.
>> Okay.
I'm looking at the the order now.
Mr. Hoff power, any strong feelings one way or the other?
>> Judge, I would leave it to discussion of the court. I understand what probation is worried about. Sure. Set them up to fail. I I do understand that's unique with parole and probation, two different entities. But >> I >> Well, and the offenses were >> possession of child pornography.
>> Correct.
>> There weren't any allegations of Uh there were 10 >> assaults or anything like that.
>> Correct. Just 10 charges of possession and five we put five got through tent probation.
>> Right. Are there is there a um GPS as at this point?
>> No. See he hasn't had his initial actual assignment is tomorrow. He just did intake and correct me wrong. He just did.
>> No. And I appreciate being proactive and that is good. We want we don't want to be in here the first month because there's a violation which technically that would be a vi there's no doubt that it's not vague. That would for sure be a violation.
>> No. And my reading too on the geography of this thing is that if Adam were to make I'm going to call it a left turn if I've got the map correct in my head. If he were even to turn incorrectly down the main street where this house is, that would be a parole violation. So, our position is that parole's assessment here, and I know the numbers are what they are, but that it covers both issues. So, it's not like there's some kind of leeway to go even closer that that facility. He isn't going that way. He cannot or he's in violation of what's been set up for.
>> Judge M. Roach says if he sentenced >> he's not though they specifically moved to >> Okay.
>> make Thank you though.
>> Yes ma'am.
>> Miss Roach is watching to make sure because if you were living somewhere already there's kind of a grandfathered in but they specifically moved to try to make it better in >> Okay.
Well, here's what I I what I'll do. I'm going I will allow a modification of number 33.
Um but I want it to somehow some type of addendum or attachment that's very specific because I don't this isn't going to be a um ex exception for all only for this specific. So I will need probably the address of that church so that um in the orders it says that you can be within 574 ft of that specific place. 33 stays the same for everywhere else. So it can be 33 can read like it does and then you can add with the exception of that one place also at least for I would say um 6 months or so or may depending on u how probation feels once he gets going and if he's following all the rules and treatment and things like that with the the LSOTp and all of that stuff then I want a GPS monitoring device on at least for a minimum of 6 months. to make sure that the rules are being followed, that he's going the right way and there's not any issues. And um that way once we're all more comfortable with how things are going now that he's out of prison, then I'm okay with getting rid of that once you're okay with that. If he's following through with treatment or anything like that, make sense.
>> Okay.
>> There's not schools.
>> It's not the school issue. It's just the church.
>> The church. Yeah. Yeah. The church with the So I want that spec that's the only exception. And the exception is the 574.
So like you said, turn the other way.
Don't get any closer than what you're saying. That way there won't be an issue with it being any closer than what you're saying at any times that it would show up on that GPS. Make sense?
>> Okay.
>> Yes.
>> All right. Thanks. Y'all are free to go.
>> No. No, ma'am. Uh Mr. Burbank. Uh Reisha Chason.
All right, Miss Chason tested negative for everything, so that's good. Thank you.
Yes, thank you. Um, I need your signature, though.
>> All right, ma'am. You're chasing >> and will she wave the formal reading of the indictment? She will, your honor. And again, we're just going to get a plea on the new indictment, reset the MTRP case, and come back and see where we are with the precence report. Is that correct?
>> That's great.
>> That goes with that also.
Judge, just to refresh the course of recollection, the codefendant in this case, who is the in my opinion much more culpable defendant has already pled to TDC time.
>> Okay. Thank you, >> Miss Chason. In cause number 24, DCCR2351, you're charged with a seconddegree felony offense of injury to a child, and that's from July 19th of 2024. And how do you plead to that charge?
>> I'm sorry. Are you pleading guilty freely and voluntarily?
And are you pleading guilty because you did what they've charged you with?
>> I have here on the tablet some documents that have your signature on them that the state has marked as exhibit number one. Before you sign these, did you go over them with Mr. Burbank?
>> And do you fully understand them?
And do you understand if I follow the agreement that you made with the district attorney that you'll be waving or giving up any right to appeal? So if I follow the agreement, you can't change your mind later. Do you understand?
>> And it looks like the agreement that you've made is for a 5-year deferred adjudicated probation. There would be a $500 fine and you would be required to follow all of the rules and conditions of probation. Is that your understanding? Yes. Also, do you understand if you're not a US citizen that a plea of guilty or no contest may result in your deportation, exclusion from admission to the country, or denial of naturalization under federal law?
>> State tenders number one.
>> No. What?
>> It's admitted. Is there any evidence that Miss Chaon's not competent?
>> No, you are.
>> All right, ma'am. I'm going to find that you entered your plea of guilty freely and voluntarily. Find that you're mentally competent and you understand the nature and the consequences of your plea. find sufficient evidence to find you guilty. But I'm going to reset your case so that the probation department can do a pre-scence report. Um, and if that can include an update also on the probation case where the motion's filed so I can have all that information as well. And then we will come back at a later date for sentencing. You need to stop and talk to probation on your way out of the courtroom today. And she's sitting at that desk right over there.
All right, we'll see y'all back at sentencing.
>> Would the clerk consider allowing her to remove the drug patch? It's costing some money that she doesn't have.
>> Not until sentencing. We're going to keep it on until sentencing. Make sure you keep it on and keep it updated. And then if everything goes well, >> when do I come >> it? It's about five or six weeks.
>> Okay.
>> Yes. Thank you.
>> Mr. Franklin on Mr. No.
>> Yes, your honor.
>> All right. Again, sir, you already know.
>> Yes, ma'am.
>> And Mr. No. In cause number, hold on, let me get it pulled up. Clause number 25 DCCR 0386. You're charged with a seconddegree felony offense of intoxication manslaughter with a vehicle from December 11th of 2024. And what that means, sir, is that if you go to trial and you're found guilty, the range of punishment would be between 2 years and up to 20 years in prison. Do you understand?
>> Yes, ma'am. And then in cause number 25, DCCR0387, you're charged with the state jail felony offense of driving while intoxicated with a child under 15.
In the same offense date of December 11th of 2024 and in that case, if you're found guilty, the range of punishment is between 6 months and up to two years in a state jail prison. Do you understand?
I have here on the tablet in each of your cases plea bargain rejections that you've signed with your attorney that shows that the district attorney's office has made an offer if you wanted to enter a plea of guilty in the intoxication manslaughter case that offers for 18 years in prison and then in the >> think I'm two years state jail not okay all right okay if I make that modification. Thank you. So, in the other Well, >> and if you can't read my writing, I'm >> N That's okay. I'm obviously don't know how to erase because now I'm just making marks all over this document.
>> I feel like I know how.
>> Okay. So, good.
>> It is a Monday.
>> All right. So, in that state jail felony case, the offer is for two years. in the state jail prison. It would run concurrently with the other case. You have every right to reject these offers and have both of your cases set for trial. I just want to make sure you understand what the possible consequences are if you go to trial, what your options are and do you understand all of that?
>> Yes, ma'am. I understand.
>> And do you want to reject those offers and have your case is set for trial?
>> Yes, ma'am.
>> Okay, we'll get that done. And Mr. uh Coleman, is there any reason to believe that these offers would change?
Is there any evidence that you're waiting on or anything like that?
>> No.
>> So, I do want to make sure you understand that after today, Mr. No, uh I won't accept this plea agreement. Um if you change your mind and want to enter a plea of guilty, that would be to something different or open to the court unless there's new evidence that y'all your attorney or the district attorney uh gets or finds out about between now and then. Make sense?
>> Yes, ma'am.
>> Okay. We'll see y'all at trial. We'll get it placed on the trial doc. Thank you, honor. Thank you.
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