He Said It Was “Just a Joke” | Judge Boyd Ordered Him Into Custody

Added: 2026-05-12

[00:00:00]And we will have settings for this to come back to court. Once he's released from impatient, we can have settings to come back every 60 days and we can discuss where we are, how he's doing, and do it that way.

[00:00:15]>> Rulo ACS walks into court facing serious allegations over disturbing comments made at work, including remarks about shootings and schools. What starts as a witness hearing quickly becomes a deeper question. Was this reckless joking or a warning sign the court cannot ignore?

[00:00:32]>> Court is calling 2023 CR >> 4580 state of Texas versus Rodo Aves.

[00:00:43]Could I have parties announce for the record for the state?

[00:00:46]>> Miranda Coreo for the state of Texas >> defense.

[00:00:48]>> Johnny from Mr. >> And are you Mr. Az?

[00:00:53]>> Yes.

[00:00:54]>> All right. We have an interpreter here.

[00:00:56]If you could raise your excuse me. No talking in the box behind the court reporter. If you need to speak to your client while he's in the box, while we're on the record, you'll need to move to the other end.

[00:01:07]>> All right. Could you raise your right hand? Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth. So help you, God.

[00:01:13]>> I know that is so not right. You're interpreting. I'm sorry. My mind is in three different directions. All right.

[00:01:22]But you will tell the truth.

[00:01:23]>> Yes.

[00:01:24]>> I'll represent you. you going to represent?

[00:01:26]>> I don't even do your >> All right. You're going to tell the truth that you will faithfully translate from English into Spanish and Spanish into English. So, help you God.

[00:01:35]>> I do your >> All right. You can lower your hand if you'll state your name for the record.

[00:01:41]>> All right. So, this hearing began on September 14th, and before the court made its decision, I wanted to hear from a witness. And my understanding that witness is present. Is that correct?

[00:01:57]>> That's correct.

[00:01:58]>> All right. Uh if someone would call the witness in call for us.

[00:02:04]>> All right.

[00:02:11]And does she need an interpreter or no?

[00:02:13]>> She's got me.

[00:02:17]>> All right. Mr. I say this.

[00:02:21]>> Are you able to understand my questions in English or No.

[00:02:30]>> Yes, you're on.

[00:02:31]>> All right. So, that will make things easier. So, if both parties can remember because the interpreter is interpreting everything to wait till she finishes interpreting your question, just pause a little bit and then after she finishes interpreting what the witness is saying, just pause a little bit. That'll make her job easier.

[00:02:55]Right. Could you raise your right hand for me, please? Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth?

[00:03:02]will help you God.

[00:03:06]>> I swear.

[00:03:06]>> All right. You can lower your hands if you'll state your name for the record.

[00:03:12]>> I'm Anna Flores.

[00:03:14]>> All right. State.

[00:03:20]>> Morning. Miss Flores.

[00:03:24]>> You've introduced yourself to the judge.

[00:03:26]Can you tell her how you know Mr. Roco?

[00:03:33]We worked together.

[00:03:34]>> Where did he work?

[00:03:36]>> In Amazon.

[00:03:37]>> In Amazon.

[00:03:38]>> The X7.

[00:03:43]>> The X7.

[00:03:45]>> What did you do at Amazon?

[00:03:49]>> Cleaning.

[00:03:50]>> Is that what Mr. Oz did as well?

[00:03:54]>> Yes.

[00:03:56]>> How long did you work with Mr. Uh between four to six months.

[00:04:08]>> Did you spend each day with him?

[00:04:15]>> Uh when we had to work together eight hours a day.

[00:04:21]>> Who did you work under at Amazon? Was that someone related to Mr. Ocus?

[00:04:31]Can you repeat the question?

[00:04:34]>> Yes. Who is your supervisor when you worked at Amazon?

[00:04:41]>> Rodulo's father.

[00:04:44]>> So during these four to six months, did you get to know Ralpho and his father fairly well?

[00:04:52]>> Yes.

[00:04:54]And did Ralpho ever do anything or say anything to you that was concerning or upsetting to you during the times you work together?

[00:05:05]>> Yes.

[00:05:06]>> Can you tell the court an example of one of those times?

[00:05:16]>> He like weapons.

[00:05:34]Uh when they did like a drill or um um simulation, uh he said it's a good idea to do the shooting.

[00:05:48]When you say a drill or a simulation, were you refer referring to a fire alarm?

[00:05:57]>> Yes.

[00:05:59]>> When he made that statement to you, how did you feel?

[00:06:08]>> At first, I thought it was silly.

[00:06:14]>> And I talked to another coworker and and it's not normal.

[00:06:24]>> Was there a time when you dropped off your child at school? I think >> Yes.

[00:06:33]>> Did he say anything concerning that?

[00:06:42]>> He joked saying, "Now I know where I'm going to come."

[00:06:46]Did he say what he meant when he said that?

[00:07:03]>> Um, I think that now I know where I'm going to do the shooting and I told him, "Shut up. Don't say stupid stuff."

[00:07:12]Did he ever say or do anything else like that?

[00:07:17]>> No, he still >> No, he didn't do anything like that.

[00:07:23]>> Do you remember what day of the week it was that he that the fire alarm occurred?

[00:07:32]>> A Friday.

[00:07:33]>> Did you work that weekend? fingers in >> not on the weekend >> during that weekend. Um, >> what what was your thought process after hearing what he said?

[00:07:59]>> What he had said from the when I arrived to work on Monday.

[00:08:11]>> I talked to a coworker.

[00:08:18]>> She said that is something very dangerous and you have to report it.

[00:08:23]>> Did you report it back?

[00:08:34]the afterwards the Amazon supervisor came to me saying he needed to talk to me.

[00:08:41]>> Was that supervisor different than Mr. Oz's father?

[00:08:46]>> Yes.

[00:08:48]>> Did you have any concerns about reporting it knowing that Mr. Oz's father provides for you?

[00:08:59]No.

[00:09:00]>> No.

[00:09:03]>> Now moving forward, >> do you have any ongoing concerns for yourself or your family after this is resolved?

[00:09:18]>> Yes.

[00:09:20]>> Can you elaborate on that?

[00:09:29]I'm afraid he might think that it's it's my fault that he's here.

[00:09:40]>> I didn't do it with a bad intention.

[00:09:45]He put me in a difficult position >> because I care for him and I don't want anything bad to happen to him.

[00:09:58]>> Not him nor me.

[00:10:08]I just introduced myself to you in person, but we've spoken on the phone uh in the last few days. I've been not and I think we spoke on the phone >> two or three times >> and and each of the times that we spoke, we we talked about the same thing if you felt that this was serious or if he was just joking with you. And I kind of remember or unless I misinterpreted that you didn't report it because he was the type of person that would joke all the time. Correct. Something to that effect.

[00:10:56]But when he made that kind of comment, I always said that is not normal.

[00:11:10]like a mom.

[00:11:17]>> I don't know anybody's thoughts and I believe we talked about that topic on one of the conversations that we had.

[00:11:28]and and I remember asking you if you felt if it was he was more of a if you had taken it as a joke or something like that and and you said you you weren't really sure and I'm just trying to be and correct me if I'm wrong. I don't want to put words in your mouth but you weren't really sure if you were taking it seriously or not if you Yes.

[00:11:51]>> I don't know how he's taking it.

[00:11:53]>> Okay. Now, he has been on bond for 16 months in about four days. It would be 16 months. And he was ordered by the court to stay at home and not leave the house for anything. And you mentioned a little bit about concern for you and your family. He has not contacted you, has he?

[00:12:16]>> Has anyone else contacted you about him other than me?

[00:12:25]I have talked to his father.

[00:12:26]>> Okay. How did that come about?

[00:12:40]>> Because you called me and I called to tell him I'm being contacted about your case.

[00:12:53]and he said do what what you have to do and God knows what happens >> and he told me that he was not upset with me.

[00:13:05]>> So other than your personal fear that Mr. Ois Jr. could be upset with you.

[00:13:13]There's no indication or or nothing that has happened to you to put you in any kind of fear other than you being worried that he may seek any kind of retaliation. Correct.

[00:13:29]>> Things have happened to me.

[00:13:33]>> But I'm not sure. Okay.

[00:13:36]>> But but he's never contacted you and >> his father's not angry at you.

[00:13:42]Okay.

[00:13:43]>> And and in fact, it sounds to me like his father and the family because I've gotten to know the family that they're >> religious.

[00:13:53]And do you believe that his parents raised him in their proper?

[00:14:02]>> I don't know.

[00:14:02]>> Okay. Okay.

[00:14:05]And the last question I have for you, I believe would be the last question is when I asked you what you thought about possibly him going to the penitentiary and correct me from I recall you telling me that you did not want him to go to the penitentiary. Am I correct?

[00:14:27]>> Correct. I think he's too young >> and sometimes we think it's easy to just talk >> and uh if he gets an opportunity I would agree with that.

[00:14:46]>> Okay. No more questions.

[00:14:49]>> All right. Any uh further questions?

[00:14:51]>> No further questions.

[00:14:53]>> All right. I just have one question. So you mentioned under questioning that some things had happened to you. Uh do you believe that Mr. Asis is responsible in any way?

[00:15:12]>> I don't know.

[00:15:13]>> Okay. All right. Thank you so much for coming down.

[00:15:21]>> All right. Is there anything else from either side? Just argument here.

[00:15:25]>> My client would like to address the court with your permission.

[00:15:28]>> Yes. All right. Can you raise your right hand? Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth. So help you God.

[00:15:37]>> All right. You can lower your hand.

[00:15:39]>> Yes, your honor.

[00:15:41]>> I'm not going to ask you any questions.

[00:15:43]I want you to speak to her honor. Tell her what you feel. We've discussed this.

[00:15:49]I didn't tell you what to say. Have I told you what to say? I just told you speak from your heart.

[00:15:55]>> Tell her what what you feel, how you what you want her to know about you, please.

[00:16:11]Uh, your honor, I really want to apologize for everything I said, especially them or put him in fears.

[00:16:38]>> I was just joking and I just wanted to see how they reacted.

[00:16:46]>> I never wanted to commit a massacre or anything like that.

[00:16:52]I was very by saying and I really regret everything.

[00:17:02]>> Do you have any questions?

[00:17:04]>> I do.

[00:17:08]>> Mr. You heard Anna Flores say mention a event in which you went to child school with her. Do you remember that?

[00:17:19]Yes.

[00:17:21]>> And do you remember calling her that you knew which school to shoot up now after seeing?

[00:17:28]>> Your honor, I don't believe Miss Flores said that she that he knew what school.

[00:17:35]I believe she testified that he knew where to go. I think that's how she mentioned it.

[00:17:41]>> All right. U I I remember all of the testimony. Right. My mind's a still trapped. Okay.

[00:17:47]Thank you.

[00:17:55]>> I only went once and I don't remember the address or the school number.

[00:18:01]>> But do you remember making that statement to her?

[00:18:08]>> See?

[00:18:09]>> Yes.

[00:18:15]Did you have another coworker named Garcia?

[00:18:26]>> I don't remember his name, but I probably did have another coworker.

[00:18:31]Do you remember telling a coworker that her daughter should kill herself when the coworker was dising these are in the stipulations.

[00:18:45]>> All right. And and just so everybody knows, I've read all the I've read the stipulations. I always read everything and read police reports. Okay.

[00:18:54]>> And I do it um when I take the plea >> and I also do it when it's coming up for a sentencing. I I read everything again.

[00:19:02]So I've read that and I've read uh probation's report.

[00:19:06]>> All right. But you can ask your question.

[00:19:15]>> I have never told anybody that they should commit suicide or anything of the sort.

[00:19:21]Do you remember in this case being interviewed by the police after this incident?

[00:19:28]>> Yes.

[00:19:28]>> And do you recall discussing having researched prior mass shootings?

[00:19:43]>> Uh it's very complicated because on YouTube you always get a recommended news feed.

[00:19:52]on the news on the news channel >> and there's always mass shooting massacres and you have like a morbid curiosity >> and I look at them but I was never stimulating that I would do that.

[00:20:31]>> Uh it was a spur-ofthe- moment thing. I was trying to explain if they saw something like that >> uh and explain that it was just out of curiosity >> and not to plan anything.

[00:20:51]And do you recall telling your co-workers that the Ugaldi shooter was a hero?

[00:21:08]It was a joke.

[00:21:10]>> No, it's No, it's me nowadays.

[00:21:12]>> He's not my hero or anything like that.

[00:21:17]>> I don't have any more questions or any further questions.

[00:21:20]>> Mr. Do you realize now that >> you said too much that that can hurt you in your future?

[00:21:40]Yes. I said too much and I wasn't thinking about the consequences it could have.

[00:21:45]>> Yeah.

[00:21:57]You've been on probation for 16 months.

[00:22:02]>> Uh, counsel, not on probation.

[00:22:04]>> Probation, I'm sorry. On on house arrest for 16 months. Full house arrest.

[00:22:11]Have you ever had any violations during the 16 months?

[00:22:25]No, I have not committed any violations.

[00:22:28]I have been very cautious. So, you wouldn't think that I have done something.

[00:22:33]>> And and because of that, uh you've lost your credit rating, you've lost your vehicle, I believe, and correct me if I'm wrong in this thing. Obviously, you've lost your job. You haven't been able to go out to look for a job and all this is correct.

[00:22:53]>> Yes, correct though.

[00:22:54]>> Yes, that's correct.

[00:22:55]>> And because of this, you seeing how something so stupid as saying something like that can affect you for the rest of your life.

[00:23:12]>> Yes, it can affect me. I owe like $10,000 dollars in total.

[00:23:22]2,000 on the credit card, >> 5,000 on the vehicle for a GPS >> and at the time it was like $3,300 for the GPS.

[00:23:40]Can you promise the court, her honor, that she would never see you here again? Should she give you deferred adjudication?

[00:24:00]commit a crime and I will be an honorable citizen.

[00:24:06]>> Any further questions?

[00:24:07]>> Your honor, >> Mr. How many firearms did you own prior to this incident happening?

[00:24:17]>> It was only one.

[00:24:20]>> So, if the police had found both an AR and a shotgun in your room, did not both of those belong to you?

[00:24:28]No. No, not a shotgun.

[00:24:30]>> It wasn't a shotgun. It was an air rifle. Sorry. No, a air.

[00:24:36]>> Is that a pebble gun or something like that? A rifle helmet? Yes, >> it was a pallet gun or something like that.

[00:24:44]>> Not.

[00:24:45]>> When was that AR purchase?

[00:24:52]>> Your honor, interpreter.

[00:24:54]All right. Are you repeat, please?

[00:24:59]and >> oh sorry in >> February in the month of February.

[00:25:07]>> Was that the same year that this incident occurred?

[00:25:11]>> See, but it was never my intention to purchase it to plan a massacre or anything.

[00:25:34]I was 19 and I wanted to buy a gun because I love watching TV shows about like zombies like The Walking Dead and and that And you can imagine that you have to be prepared for any situation.

[00:26:03]>> But of course, not because it's fiction.

[00:26:13]But I couldn't purchase a gun because I was a minor. I had to be 21.

[00:26:19]So that's So I bought a rifle.

[00:26:24]>> Right. So are you saying you couldn't purchase a gun at 21, but you could purchase a rifle?

[00:26:38]legally.

[00:26:39]>> Yeah. No, no. I I know the law. I'm just That was sort of a rhetorical question.

[00:26:45]>> I'm sorry.

[00:26:46]>> So, are you uh currently 21?

[00:26:50]>> No.

[00:26:51]>> Still 20?

[00:26:51]>> No.

[00:26:54]>> Yes, you are.

[00:26:55]>> All right. So, a lot of people will say uh sometimes, oh, I've said before, you know how you say I could just kill that person? And honestly, I don't know anybody who's ever said that about somebody else. So, what were you thinking? And why would you think this would be a joke?

[00:27:27]I didn't want to like to make that comment. It was >> it was just to say it for a reaction.

[00:27:38]>> Okay.

[00:27:39]>> All right. So, >> I will listen to your arguments, but this is what I want to tell both of you when you give me your argument.

[00:27:50]So my job as a judge is not like the Minority Report with Tom Cruz. I can't see into the future. I don't know what's going to happen. I know states you're asking for uh 10 years prison for a 20 year old for threats.

[00:28:09]And I've seen cases where people have made threats against a single person and people offer them deferred or people offer them probation. And I know that's not you, but I've seen that happen. In this case, state, you're going to be asking me to send a 20-year-old to prison for something that I'm assuming you're doing it because you think one >> that he could end up committing this, but what I see is a 20 year old and if I send him to prison and let's say I send him to prison for five years or 10 years and he does all his time at the prison So, let's say he goes in at the age of 20. He's there for 10 years. He gets out when he's 30. They offer him parole. He says, "No, I don't want parole." And so, he gets out of prison at 30 years old and he has no supervision and he can do whatever he wants to do, then we're right back here.

[00:29:12]I personally don't think that solves the problem that we have before me.

[00:29:19]And I will tell both of you, I've read all the stipulations. I've read everything.

[00:29:25]And based upon what I'm reading and the fact that he has no criminal history, 10 years is too much time for what he's charged with and for what he potentially was saying he was going to do, but didn't do. And maybe he was going to do it, but he was stopped before doing it.

[00:29:48]I don't know. I don't have a crystal ball.

[00:29:52]What I am thinking of doing is granting his application, keeping him on deferred for 10 years. He will go into custody today because you're going to go to state ISF cognitive if that's available.

[00:30:09]uh if it's not available uh we're going to see about some type of I don't know remental conditioning or something I would order that he not to have any possession of weapons he would still remain on GPS GPS would be full house arrest then slowly maybe he can get a job then slowly lower down the conditions on that I would have where he's not to appear are not to reside within a certain um place of schools that he would not be allowed to work or go to Amazon. That's what I'm thinking. And if there's a reason why I should not be thinking that or someone has something potentially to change my mind about that, I'm more than welcome to hear the argument.

[00:31:05]But either way, he will be going into custody today.

[00:31:10]>> Your honor, you're much brighter than I am.

[00:31:15]>> And I I appreciate and I respect your decision and I I think that's a good thing for him. I don't think he needs it, but if the court needs it, then I'm okay with it. I've gotten to know this young man over the last 16 months.

[00:31:39]And I'm gonna get emotional because I've gotten to like him because because he really is he really Thank you. He really is a good young man. He really said something stupid.

[00:31:53]And uh it's not too often in my 35 years of being a lawyer that I get emotionally involved in a case. They tell you not to. But when you really believe in someone, when you really believe that they were acting stupid, for this to happen to them, it's like, what did you do to your life, son? And that's how I feel about him.

[00:32:19]I would have liked to have seen him just walk out with me. I know in my heart that you will never see him again, but I respect your decision and I'm okay with it.

[00:32:30]>> All right. Well, the the court's concern is obviously for somebody to even jokingly say this, there's something mental going on. And I don't if I had a program that was a free program that was available where he goes into a mental facility and they work, they educate, I would send him there. But I don't have that. if somebody has that and they have where um it's private or it's free or somebody's willing to pay for it for him, I would reconsider doing that instead of ISF. But I think right now because part of my job is also to protect the public and if I had a crystal ball it would be great because I could say ah this is what he's going to do in in three years or if I if I had a crystal ball and I would say send a 20 year old to prison and we all know prison life even Bear County jail life is not the best life.

[00:33:33]He's young. He's thin. We already know what's gonna happen at prison potentially because everybody can't watch people 247, >> right?

[00:33:43]>> And I am wondering sending him to prison for 10 years, what is that going to do to his psyche? And how is he going to come back out of prison into society?

[00:33:53]And are we going to have an even bigger problem? So, I'm trying to put some safeguards in place and then state if he violates GPS in any way that I'm going to give him. If he doesn't report the way he's supposed to, then the full 10 years is there. I will put in place that there wherever he lives, if he's living with his parents, there are to be no weapons in the home.

[00:34:18]And I'm going to put in place sort of similar to uh sex offender registration even though this is not a sex case that he has to give probation all the comm computer access phone access any electronic access so that they can be aware of what he's looking at and and what is happening. I just think in this case 10 years prison for a 20 year old and I realize what could have happened what may have happened.

[00:34:54]So that's where I am and the reason and I struggle with this case and I thought about this case from when you all were first here till now about what potentially um would be the right decision in this case and it's a very difficult case and I know it's a difficult case for the state and state I do know why you're asking for the 10 years because something catastrophic could have happened so I I do understand >> and I respect her for that and just just one more thing if I It it's been comforting for me to know that he's been on full house arrest for 16 months. Four days will be 16 months.

[00:35:34]He didn't even walk out the front door.

[00:35:37]And I think that goes to show you that I feel that he's been going to be successful in this program. We appreciate what you're doing for him. I just have one question. How long is this going to take? I don't understand. I don't know.

[00:35:49]Oh, probation will be able to let you know how long uh it will take for him to get transferred to state ISF. But again, if you and the state want to confer and there is some sort of impatient cognitive treatment for him that is uh not at the at the state jail or not at the prison, you can let the court know. The court will consider that. But my thing is he needs to be worked on internally with the mental that's going on. And I see there are some mental health issues, but DDRF and Mick, they say he's not eligible.

[00:36:28]>> Correct.

[00:36:30]>> I understand your decision, your honor, and I do respect that and I do agree um that some sort of inatient time if we're not going to send him straight to prison is appropriate. Um, I'm thinking back to what Mr. Porter had testified last week that it remains to be seen whether this is someone who's done well on bond because >> they've fixed the problem or if they're doing well on bond because as Mr. Obus had testified, I've been cautious. You won't think I've done something. So I think that we do need as many safeguards as possible if we aren't doing prison and short of that to ensure that >> well I I my thing is we're going to do things incrementally >> and we will have settings for this to come back to court once he's released from impatient. We can have settings to come back every 60 days and we can discuss where we are how he's doing and do it that way.

[00:37:28]One more thing. I keep saying one more thing.

[00:37:30]>> Yes.

[00:37:31]>> I love coming to this court, your honor, because you not only think of the public, but you also think of the welfare of the people that are before you. And that just something that you've earned the respect of all of us in Bear County and anybody else that may know you that you're just a wonderful lady.

[00:37:53]>> Oh, thank you so much. I appreciate that.

[00:37:56]All right. So, I'm going to give these conditions and state if there are any other conditions you think would be helpful, just let me know. So, we're going to do 10 years deferred adjudication.

[00:38:11]There is to be uh state ISF cognitive and he's to be taken into custody today for that.

[00:38:25]Once he's released from state is cognitive, we will set this bashan. Once he's released from state ISF, before he's released from the bear county jail, let's have him brought over. Is that possible?

[00:38:42]>> Okay. Well, let's do this. Once he's released from state ISF, we'll just set it for a hearing in here and we'll call it a compliance hearing. Yes, sir. So once he's released, we'll do a compliance hearing to maybe fine-tune any conditions that we need to fine-tune. So I'm going to say full GPS, >> we'll wave fees.

[00:39:03]>> Yes, ma'am. Thank you. I was going to ask >> or defer fees.

[00:39:09]>> And then uh Mr. As once you've completed the state ISF or if there's a um impatient treatment through private means once you completed that we're going to come back and then we can address the full GPS. But my understanding from working in different treatment courts you can't go from rigid to all of a sudden you're free. It's sort of like when you have children and you have them on this rigid schedule, then maybe you send them off to college and no supervision.

[00:39:44]So, we'll do full GPS.

[00:39:47]There's to be no weapons possessed and there's to be no weapons wherever you're living. So, if you're living with your parents, there's to be no weapons in the residence. Do you understand?

[00:40:05]>> And to the uh Mr. Cisneros, if you could let his parents know if there are weapons in the home, he cannot stay there.

[00:40:11]>> Yes, ma'am.

[00:40:14]>> And your honor, he he was saying that he owes like 3,000 or something dollars in the GPS fees. Is there a way we can wave those?

[00:40:21]>> Uh we'll we'll deal with that when we come back.

[00:40:24]>> Okay. Thank you.

[00:40:24]>> All right. There is to be all electronic I'll say this item. So that means computers, cell phones, sort of like if he were on sex offender registration.

[00:40:40]He's to make sure that you all have all the information to look into those computers.

[00:40:49]So you're going to have to uh register all electronic items and that's going to include the items that your parents have in the home. So if they have cell phones, iPhones, all of that has to be registered. You understand?

[00:41:03]and all computers in the home must be registered.

[00:41:09]There's to be no contact with Anna Flores or any workers from his Amazon location because I know people will order off Amazon. So none of the workers from his Amazon location.

[00:41:43]There's going to be regular reporting that can be by Zoom or in person.

[00:41:49]I'm going to want uh random field visits one time per month.

[00:41:58]until further notice. And Bashan, if you'll let probation know when we have the compliance hearing, if that's going well, we can reconsider.

[00:42:07]There's to be regular UAS and we will deal with proof of employment. Michon, I'm not even going to put employment in right now because there's no way for him to get the employment. We'll put that in once we have our compliance hearings. Uh, Vashan, is there anything else he needs?

[00:42:33]Mr. A, I keep pronouncing mispronouncing your name. I'm sorry. Um, is there anything else you need from the court to be successful?

[00:42:47]>> No, I will obey all the conditions.

[00:42:50]>> All right. State, do you think there's anything else he needs at this time?

[00:42:55]No, your honor, but Miss Anna Flores did mention to me this morning that she would like the no contact order to extend to her family.

[00:43:02]>> Yes. Based on the concerns that she mentioned earlier.

[00:43:04]>> All right. And there's to be no contact with Anna Flores's family.

[00:43:12]>> And for the record, you I'd like to tell Mr. something and that includes your family, your mom, your dad, any family members or friends. Okay? They cannot contact her at all. Okay.

[00:43:23]All right. And then I'll put in here there's to be no contact with elementary, preschool, junior high, high school. I think they now call it middle school. If he decides that he's he wants to maybe get his GED or get a college degree, we'll cross that bridge when we come to it. But for now, there's be no contact with any schools.

[00:44:01]All right. Is there anything else from either side?

[00:44:05]>> All right.

[00:44:05]>> No, ma'am. Thank you so much.

[00:44:07]>> You're welcome. I'm going to show you what's entitled trial court certification of defendants rights to appeal.

[00:44:13]>> Did you review that with your attorney?

[00:44:15]Did you understand it? And did you sign it?

[00:44:19]>> Yes. See?

[00:44:21]>> Yes, your honor.

[00:44:21]>> Because this is a plea bargain agreement. Because I followed your plea bargain agreement and because you waved your right to appeal, you do not have the court's permission to appeal. Do you understand?

[00:44:33]>> Yes, your honor.

[00:44:34]>> All right. So, from here on out, everything that you do, you're looking at potentially going to prison for 10 years. Do you understand?

[00:44:44]>> Yes, your honor.

[00:44:44]>> And I hope that you're going to be thinking about what brought you here.

[00:44:49]Okay. And it is never funny or a joke to ever talk about harming anyone. You understand? That's not funny.

[00:45:11]Yes, your honor. Before I did, I didn't think it was a joke, but since I've been since for 16 months, I've been Robo medicine and I'm sorry.

[00:45:33]>> All right. Thank you. Thank you both.

[00:45:37]>> Judge Boyd did not send ACVs to prison, but she made it clear this was not a free pass. She placed him on 10 years deferred adjudication, ordered inpatient cognitive treatment, full GPS monitoring, no weapons, no school contact, and strict electronic monitoring. The court balanced public safety with the reality that a 20-year-old sent to prison for 10 years might come out with no supervision and even bigger problems.

[00:46:03]>> All right. Court is calling 2023 CR53 82B.

[00:46:10]I'm sorry. What?

[00:46:14]Hi. There's a lot happening. So, everyone, this is what we're going to do. When we're on the record, don't approach the court coordinator because they're too close. If you want to approach the deputy and have them bring your person out, you're more than welcome to do so. Court is calling 2023 CR5382B, State of Texas versus Elsa Morales. Can I have parties announced for the record for the state?

[00:46:38]>> Jason Garand, your >> defense defense.

[00:46:41]>> And are you Miss Morales?

[00:46:43]>> Yes, your honor.

[00:46:43]>> All right. You entered a plea on August 14th. unit of plea for of guilty applied for deferred adjudication.

[00:46:50]Uh the state is asking that your punishment be assessed at one year in the state jail facility. They're remaining silent on your recommendations and they're taking certain cases into consideration. Have both parties had a chance to review the PSI report?

[00:47:04]>> Yeah, there actually wasn't a PSI graded in this board. You asked we said we asked for the PSI to get the letter.

[00:47:10]Then you just wanted to see the criminal history.

[00:47:12]>> Yes. So, is there criminal history available for the court?

[00:47:39]>> Thank you.

[00:48:22]All right. The court has reviewed the criminal history uh defense. Do you have any witnesses?

[00:48:26]>> No witnesses. Like I said, we just have one support letter on behalf of of Miss Moros. her daughter stating how she helped that Miss Morose helps take care of children and she was working at a home health care also supplied money for the family. Um we're going to ask that the court granted her probation in this case and let her her support of her family.

[00:48:54]>> All right, Miss Morales, can you raise your right hand? Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth?

[00:49:00]still help you guys?

[00:49:00]>> Yes, we can.

[00:49:01]>> All right, you can lower your hand.

[00:49:02]State your name for the record.

[00:49:04]>> Else.

[00:49:05]>> All right. Why are you stealing?

[00:49:13]>> That was a bachelor.

[00:49:15]I wasn't thinking.

[00:49:16]>> Why are you involving a child in theft?

[00:49:20]Because it says that this was the MMO.

[00:49:23]Go to the store, put things in a cart, and then have a child push the cart outside. So, you're basically making unwittingly making a child a criminal.

[00:49:32]Why are you doing that?

[00:49:40]I mean, your attorney, your attorney was not there, so he can't answer this question. You did it. You took a child in Target or as we say, Tar. You took a child there, loaded things in a basket, and for that child to know to just push that cart towards all points of sale tells me that somebody told that child, "This is what's going to go down. We're going to go in, we're going to put items in this cart, and you just keep pushing it."

[00:50:11]So why?

[00:50:18]>> I have no words for that.

[00:50:19]>> Yes. And how old was the child that you all involved in your criminal activity who now thinks it's okay to engage in criminal activity?

[00:50:28]>> Five years old.

[00:50:29]>> All right. So, you took a five-year-old.

[00:50:31]And what day of the week was this?

[00:50:34]Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, Sunday. What day?

[00:50:38]>> I'm not sure.

[00:50:39]>> Was it a school day?

[00:50:45]>> All right. So, you take this 5-year-old.

[00:50:47]Walk me through it. So, the 5-year-old is pushing the card out and obviously police are called, right?

[00:50:53]>> Right.

[00:50:54]>> And did they speak to the 5-year-old?

[00:50:55]What is the 5-year-old thinking? Do you know? I know somebody will probably object to speculation, but I just want to know what was the 5-year-old doing when police are there. I'm assuming you all were put placed in handcuffs.

[00:51:10]>> I was already in the car.

[00:51:15]>> All right. So, it was you and his mother who was stealing.

[00:51:19]Is that what you're saying?

[00:51:20]>> You were already out and the mom told him to leave it there and he >> I'm sorry, I can't hear you.

[00:51:25]>> Somebody else helped the little um the little boy push it out.

[00:51:28]>> All right. What's So, someone helped the little boy push the cart out after you all were committing a theft from Target.

[00:51:36]And what items were you all taking?

[00:51:39]>> It was stuff for the for the kids.

[00:51:42]>> No, no, no. Don't put this on the on the children. What items were you taking >> and what else?

[00:51:49]>> Clothes.

[00:51:55]>> So you're teaching children that in order order to get things they should steal. That's what you're teaching.

[00:52:07]and you left out to the tune of $55369.

[00:52:15]So, how full was the cart that you were taking out?

[00:52:24]>> It was full.

[00:52:27]>> Right. And then now I've received this letter where you took a child to help you steal and somebody is saying that you're taking care of children and you're a home health care provider. I don't allow people in this courtroom who are on probation to be home healthcare providers. And who are you providing health to? Is this a relative?

[00:52:47]>> No. Right.

[00:52:48]>> So I don't know how you're able to take care of children and be a home healthcare provider.

[00:52:53]>> Those are my kids that I take.

[00:52:59]I don't think you're a good candidate for probation because you just it appears that your background is littered with theft cases and you're here on a theft enhanced. And how old are you?

[00:53:14]>> I mean, you're old enough to know better. It's not like you're 20 or you're 19 and you have peer pressure.

[00:53:20]So again, tell me, why are you stealing?

[00:53:22]It says here that you have a job that you can pay for things. I don't understand the stealing time, your honor. But that doesn't excuse for >> I'm sorry, what?

[00:53:30]>> I didn't have a job at that time, but that doesn't excuse.

[00:53:33]>> And it certainly doesn't excuse involving a 5-year-old in your criminal activity.

[00:53:39]So again, why should I give you probation? The state is silent. Why should I give you probation?

[00:53:46]>> I got to take care of my kids. There's no fathers involved for my children.

[00:53:49]Well, when you were using the 5-year-old to steal items, were you thinking about, huh, who's going to take care of my children if I am at the Bear County Jail? Were you thinking about that?

[00:54:01]>> Not.

[00:54:02]>> And if something were to end up happening, sometimes when people go to places and they steal, sometimes people end up getting shot. If that 5-year-old would have been shot, you know what would end up happening? You would have been on somebody's news booing and crying about how it's unfair that your child was shot.

[00:54:22]So, what am I supposed to do about this?

[00:54:24]You won't stop stealing.

[00:54:27]>> I will honor.

[00:54:29]>> No. Did you say that to the last judge that you were going to stop stealing?

[00:54:33]How many times in your lifetime on this planet as a 41 year old have you had criminal cases for stealing?

[00:54:46]Now mind you name them all because I've read the report like I believe five cases >> and you have not learned anything from that. What you've learned obviously is to continue to steal and start this idea where you take a child in with you. You put items in a cart and you just have them pushing it out.

[00:55:10]In my mind, I can imagine this five-year-old because when you see children pushing carts, they're not even old enough to stand and look over the cart. They're just struggling, barely pushing it. And I'm always thinking to myself, why doesn't a parent help that child push their cart?

[00:55:24]>> Your honor, we told him to leave it there and he continued pushing it out.

[00:55:27]That's when the other two people helped him.

[00:55:30]>> Oh, so now you're saying >> Yeah, that's what we did.

[00:55:32]>> You did not include him in your criminal enterprise. We told him to leave it there and the other two people, random people, helped him.

[00:55:42]>> Oh, so this is not a theft case. You were not intending to have him steal. Is that what you're telling the court?

[00:55:49]>> That's That's what happened.

[00:55:51]>> No, no, no. Are you telling the court that this was not a criminal enterprise?

[00:55:57]that you or somebody loaded a cart at Target with items. The 5-year-old was pushing it and you're continuing putting items in a cart totaling over $500. And then as he's pushing the cart past points of sale, you're telling him, "Oh, just leave that there." Maybe you're telling him, "We don't have money for that. We just loaded up the cart for some unknown reason and we have no money for that."

[00:56:25]Is that what you're telling the court?

[00:56:28]If not, let me know.

[00:56:44]I mean, I wasn't there. State wasn't there. Your council wasn't there. I'm just trying to figure out if that's what you're telling me. If that's not what you're telling me, say, "Judge, no, that's not what I'm telling you." I'm not going to take that as a sign of disrespect. Okay.

[00:56:59]So, are you telling the court that you all loaded up a cart of items at Target?

[00:57:06]The 5-year-old is pushing the cart, and you're telling the 5-year-old, "Leave the cart there. We don't have any money for these items." And your intent was just to walk out. Is that what you're telling the court?

[00:57:21]without like to leave this stuff there.

[00:57:24]>> Okay.

[00:57:26]>> Is there anything else?

[00:57:27]>> Judge, this testimony elicit from my client at this time. I think we need to to ask the court to withdraw her plea.

[00:57:38]>> All right, that'll be denied.

[00:57:41]All right, this is what the court is going to do.

[00:57:45]Court is going to find you guilty. court is going to sentence you to one year in the state jail facility.

[00:57:51]Give you credit for any time served taking consideration GJ 812055 JN number 2127782 showing you what's entitled trial court certification of defendants rights to appeal. Did you review that with your attorney? Did you understand it and did you sign it?

[00:58:14]>> Yes, I did. Because this is a plea bargain agreement. Because I followed your plea bargain agreement, and because you wave your right to appeal, you do not have the court's permission to appeal. Because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question over what a weapon or ammunition is, you'll need to speak to an attorney. Do you understand?

[00:58:32]>> Yes.

[00:58:33]>> All right, we can go off the record.

[00:58:34]Good luck to you. Do not steal. Do not take what does not belong to you. And do not involve children in your enterprise.

[00:58:40]All right, everyone. Make sure you keep your voices uh down, please. Court is calling 2020 CR2517 state of Texas versus Ombberto Chavez.

[00:58:50]Can I parties announce for the record for the state?

[00:58:52]>> Jason Garand, your honor.

[00:58:54]>> Your defense.

[00:58:54]>> Adrian Pettis.

[00:58:55]>> And are you Mr. Chavez?

[00:58:57]>> I am your honor.

[00:58:58]>> All right. I'm showing you what's entitled motion to revoke community supervision. Did you review that with your attorney? Did you understand it?

[00:59:04]>> Yes, your honor. I did. Are you the same Ombberto Chavez who is placed on community supervision in 2022 CR2517 for the off offense of possession of a controlled substance penalty group one less than All right. Does anyone want to make a oral motion to the motion to revoke?

[00:59:24]>> Yes, your honor. Oral motion to change the verbiage uh states possession of control substance penalty group one less than one. It says group. We're asking for less than one gram. No objections.

[00:59:38]>> All right. So, are you the same?

[00:59:42]>> Are you the same Ombberto Chavez who was placed on community supervision in 2022 CR2517 for the offense of possession of a controlled substance penalty group 1 less than one gram on June 6, 2023 for a term of three years. Is that you?

[00:59:58]>> Yes, your it is.

[00:59:59]>> All right. State.

[01:00:00]>> Yes, your honor. Violated condition number one. On or about the 25th day of August 2023 in Bear County, Texas, the defendant, Hberto Chavez, committed the offense of evade, arrest or detention and violation condition number one.

[01:00:13]>> How do you plead to that true or not true?

[01:00:15]>> True, your honor. Your honor, we'll wave the remaining violating conditions.

[01:00:18]>> Any objections?

[01:00:19]>> No, your honor.

[01:00:20]>> Did you understand by pleading true to violation of condition number one, the court could find it true, grant the motion, and sentence you up to two years in the state jail facility and up to $1,000 fine? I understand.

[01:00:32]>> I'm sorry everyone. Just one moment. Can you mute us please?

[01:01:23]I'm sorry about that. It's usually those are medical appointments, so I need to answer them because they're medical appointments for people in my family.

[01:01:30]Okay.

[01:01:33]>> All right. So, did you understand by pleading true to violation of condition number one, the court could find it true, grant the motion, sentence you up to two years in the state jail facility, and up to $1,000 fine?

[01:01:43]>> I understand, your honor. Knowing that, do you still wish to plead true to violation of condition number one?

[01:01:48]>> Yes, your honor.

[01:01:48]>> Court will find violation of condition number one true. Is there an agreement?

[01:01:52]>> There is your honor.

[01:01:53]>> And what is the agreement?

[01:01:55]>> The agreement is to adjudicate guilt to both the individual office probation sentence to 180 days in the Bear County.

[01:02:01]I'm sorry, not the Bear County, the state jail facility. And also the state will take consideration of two new number ones. Call numbers 715. Everyone please whisper >> 715748 and 715749.

[01:02:18]>> All right. Is that the agreement?

[01:02:19]>> Yes, your honor.

[01:02:21]>> Mr. Chavez, are you asking the court to follow that agreement?

[01:02:24]>> I am, your honor.

[01:02:26]>> Are you waving your right to appeal?

[01:02:27]>> I am, your honor.

[01:02:29]>> All right. The court will follow your agreement, sentence you to one year in the state jail facility, give you credit for any time served, taking consideration 715748 and 715749.

[01:02:46]>> Your honor, our agreement was for 180 days.

[01:02:48]>> Oh, I'm so sorry.

[01:02:51]>> That is >> I was just seeing if people were paying attention.

[01:02:56]All right. I'll I'll go I'll follow your agreement to 180 days in the state jail facility. Uh Mr. Chavez, you do have it appears that you have a drug or alcohol problem. If you would like, I could refer you to the therapeutic community.

[01:03:10]Whether they place you in the program or not is is completely up to them. I don't have any jurisdiction over that.

[01:03:16]However, if you were placed in the therapeutic community, it will not extend your 180 days. So, would you prefer that or no?

[01:03:25]>> Um, no you actually I could just be done with >> All right. So, here's the thing. If you don't get your life together, you're going to be back right here with another drug case. Do you understand?

[01:03:36]>> Understand, your honor.

[01:03:37]>> All right. I'm going to show you what's entitled trial court certification of defendants rights to appeal.

[01:03:44]Did you review that with your attorney?

[01:03:45]Did you understand it? And did you sign it?

[01:03:47]>> I did.

[01:03:48]>> All right. Because this is a plea bargain agreement. Because I followed your plea bargain agreement and because you wave your right to appeal, you do not have the court's permission to appeal. And because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question over what a weapon or ammunition is, you'll need to speak to an attorney. Do you understand?

[01:04:07]>> I do, your honor.

[01:04:08]>> All right, we can go off the record. Mr. Chavez, I remember you and I will tell you what is happening with your face. That has gotten bigger than it was the last time you were here. You need to go see a doctor and have that looked at. You understand?

[01:04:25]>> Yes, sir.

[01:04:26]>> All right. Good luck to you.

[01:04:27]>> God bless you. Thank you.

[01:04:28]>> All right. Thank you.

[01:04:29]>> Thank you, honor.

[01:04:30]>> You're welcome. On this case, >> um I'm asking >> Oh, no. Uh, Veterans Treatment Court is right behind you.

[01:04:39]>> Judge.

[01:04:39]>> Great.

[01:04:40]>> Um, so fortunately, I do want to apologize, your honor. Uh, we are still trying to catch up with Mr. Chrisman. We did find out some new information.

[01:04:46]There's two things that we can do today.

[01:04:48]>> The first one is we do our doctor day today. So, I think he goes through here right now to where I'll talk with Miss Abrams about possibly taking him down to where the DJs are getting the scheduled date, the assessment next week, but then I found out some information that he may be wanting to move to California.

[01:05:04]>> Yeah. um just for medical reasons.

[01:05:07]Insurance cover the need 247 oxygen.

[01:05:13]>> Okay.

[01:05:14]>> Um plus all my family's down. I have no beer. So my whole sport would be down there. My my father, my uncles, my cousin.

[01:05:24]I would go to the right off the bat to the maternal grandmother where my son's at right now. I sent him there in December of last year. Then um I have a job lined up down there as well and a lease I can sign. I didn't sign a lease because it's >> okay.

[01:05:40]>> I would like to get permission for signing $26,000 less.

[01:05:44]>> All right. So then we'll hold off then maybe on the >> which which is where we can go whatever route your honor. Um but one thing is if I So where you told me is where you're planning on going.

[01:05:56]>> Yeah.

[01:05:56]>> So you gonna live with your grandma?

[01:05:57]>> Yeah.

[01:05:58]>> Where's your grandma live?

[01:05:59]>> Torrance which uh Torren Beach is.

[01:06:02]>> Okay. That's still LA, Orange Beach.

[01:06:04]>> It starts It's right where Orange County starts off beach city like a veteran port down there, your honor, to where we have actually transferred people.

[01:06:12]>> Um, it's a little different to where what they're going to ask of us is we can do our mental health medical screen.

[01:06:18]The same thing with the DJ. What we would do then is then present that information to that court and let them know like this is if he was in sticker with us, this is what we see, how we would XYZ. Um and then they we can possibly if ic allow because then we have to work with probate. There's still a method we can still execute what you're looking for.

[01:06:37]>> So let me ask you how long would that take and when are you anticipating or wanting to be transferred to California?

[01:06:44]>> As soon as possible. Um but I mean of course whatever I need to get done here takes president first and then once I'm released I go there. But I can I can go there any time.

[01:06:56]>> All right. Well, I would like and I think it would be better for you if this is the route that everybody thinks is most appropriate. I would like to have some sort of setup for you in California and not just leave here and >> yeah, I would like to make sure that everything that that you need that is required here is taken care of over there that's moved over there first.

[01:07:16]>> That way you can just go there, make sure I'm doing what I'm supposed to be doing.

[01:07:19]>> Oh yeah, that needs to be taken care of.

[01:07:21]So >> yeah, >> what we're going to do then, >> we'll reset this and >> we could be ready for what we need, your honor. Um because I can get the appointments on the book that he is aware of for next week today.

[01:07:34]>> Okay.

[01:07:34]>> That will take I can get a day turnar around for that information that I need.

[01:07:38]Um in regards to ICO's probation on their side, I'm unsure of how long that timeline will be.

[01:07:44]>> When do you want us to call this back to just let us know >> who's the sponsor for you know who's running the kind of stuff? Um, >> let's do this. Let's recall this for 30 days.

[01:08:03]>> Okay.

[01:08:04]>> If you have something sooner than 30 days, then we can always bring it in.

[01:08:09]>> Yes, ma'am.

[01:08:10]>> Okay.

[01:08:10]>> So, 30 days uh tendency.

[01:08:14]>> Yes.

[01:08:15]>> Well, 30 days back here >> to back back here to the court.

[01:08:18]>> And what do we do? And >> we're going to find out what the game plan is. So, then the judge is either going to allow or not allow you to Yes, sir.

[01:08:24]>> Okay. Anything else? I saw your report.

[01:08:32]>> I mean, we'll just have to see if they're going to accept that.

[01:08:35]>> You and I are going to handle something.

[01:08:36]>> Miss Ferguson, can I have a 30-day reset on Chrisman?

[01:08:43]>> All right. And Mr. Chrisman, here's the issue. The issue is you come before me and you're testing positive.

[01:08:50]>> I only tested positive one time. Well, I mean that's that's one time too many.

[01:08:56]>> So that is I've been cleaning up good.

[01:09:00]>> That is why I cannot send you out to California if I choose to do that without things set up in place. So that's why it's taking longer. Okay.

[01:09:08]>> Thank you. I appreciate.

[01:09:10]>> Thank you.

[01:09:10]>> Thank you.

[01:09:11]>> The judge does not reject the California move outright, but she refuses to send him without structure because he has already tested positive once. The court wants treatment. probation and support services arranged before any transfer happens. That is why the case is reset for 30 days, giving everyone time to see whether California can actually accept and supervise him. It is a cautious ruling, but the message is clear.

[01:09:36]Opportunity is possible as long as accountability travels with