Acting Drunk at the Podium? Judge West Orders Testing on the Spot

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[00:00:01]Good morning, you're Deonna Paul?

[00:00:03]>> And Ms. Paul, this is your initial appearance in cause number 25 DCCR 1792.

[00:00:09]You're charged with a third-degree felony offense of stalking, and that's from October 3rd of 2020. Stand up.

[00:00:15]What's the matter? What's the matter, Ms.? Nothing.

[00:00:18]My allergies.

[00:00:20]Okay.

[00:00:22]I test you this morning, you got anything in your system?

[00:00:25]>> No, ma'am, but I just sneezed back there. Okay, let's double-check. You can have a seat in the jury box, please.

[00:00:37]So, Ms. Paul, I I received a note that you refused to take a a drug test.

[00:00:41]>> yes, ma'am, but hold on. I leaned against the thing, I just want to sneeze on back there, and Right away, this hearing shifts from a simple bond appearance into a credibility test. The judge gets word that Deonna refused to drug test, and in court, refusal often speaks louder than the result itself.

[00:01:00]Judges hate uncertainty, and when bond conditions are involved, uncertainty usually means trouble.

[00:01:06]I feel like I was being singled out. I know I have alcohol in my system. So, here's So, let me explain. If you don't test, and let me see what is or is not in your system, then I'm going to assume that you're positive, and I will raise your bond for sure, and you'll go to jail.

[00:01:23]Okay. So, do you want to take the test and let me see what's in your system?

[00:01:26]>> I don't have anything in my system besides alcohol.

[00:01:29]>> Then go take the test.

[00:01:30]>> pee. We're going to give you some water.

[00:01:32]I just had water.

[00:01:34]Then, you want me to go ahead and send you to jail? No. I don't know. I don't Are you having them finish running down my charges to me? What? Running down my charges to me. What do you mean? What I was here for, or if I'm going to get a lawyer, I'm and all that. First things first is I order you to take a drug test. If you refuse the drug test, then you're refu- Notice how direct the judge is here.

[00:01:59]This is no longer a suggestion. It's a court order. Refusing a drug test can instantly turn a walkout day into a jail day. And Diana's biggest concern? Work and her kids. But from the court's perspective, compliance comes first, excuses later. using a court order, and I'll raise your bond, and you'll go to jail.

[00:02:18]Then you'll have an attorney can visit you in jail, and they'll go over all of the charges. If you want to take the time >> out? Yeah, your bond's going to be raised, though. But I could I bond out today? That's why I'm asking, cuz I have >> You don't know what I'm going to set your bond at yet.

[00:02:32]>> But I'm trying to go to work. Well, then you should probably take the drug test.

[00:02:36]This truck Because the more you refuse to do it, the more concern I have, and probably the higher your bond's going to be.

[00:02:44]>> I'm just worried about getting back to my kids and going back to work, because I I'm Then take the drug test.

[00:02:52]So, either there's something in your system other than alcohol in my system.

[00:02:56]Right. I said that.

[00:02:57]>> You said you have alcohol.

[00:02:58]>> Yes, ma'am.

[00:02:58]>> I'm not worried about that right now.

[00:03:00]Maybe some weed.

[00:03:03]Take the test. Let me see what's in your system.

[00:03:04]>> It's weed. Okay. I want to see what's in >> And there it is. Maybe some weed. That one sentence changes everything. The judge wasn't focused on alcohol, but marijuana while on bond? That's a violation waiting to happen. Sometimes honesty helps, but sometimes honesty comes with a $35,000 price tag.

[00:03:23]>> it. Take the test. And then we'll decide. Just because you test positive does not necessarily mean that I'm going to raise your bond, but we're going to have some discussions depending on what's in your system. So, if you want any opportunity today to walk out that door instead of that door, go take the test.

[00:03:41]Otherwise, I'm raising your bond right now.

[00:03:45]I can see if I can see if I can pee.

[00:03:48]Go try.

[00:03:59]>> And Justin Wallace with Mr. Lewis.

[00:04:04]Okay, so you've refused again. I didn't refuse. I told them that I couldn't go.

[00:04:09]I didn't refuse my mistake. I'm just there's no way that after a couple hours you can't go a little bit. So, I'm going to find Miss Paul based on your what you number one that you told me that you smoked marijuana. You told the man in the back, the drug tester, that you smoked daily and that you used alcohol also yesterday, which alcohol's I'm not so worried about unless you're driving, but obviously using marijuana is a violation of the law, which means it's a violation of your bond conditions.

[00:04:43]>> Okay. [clears throat] And so Let me see something real quick.

[00:04:54]Your current bond that you I need to I need to take a look at probable cause affidavit. Give me just a minute to give you more information about you and your case and then I'll decide what to set your new bond at.

[00:05:17]Miss Lewis Can I just say I know that I'm going to jail today, that's fine. But I feel like I've been the victim in this and I have the proof.

[00:05:31]I'm just overwhelmed at this point with the whole situation.

[00:05:36]Well Cuz the girl is still harassing me.

[00:05:40]Have you called the cops?

[00:05:42]No, but I have the proof of her going to my job recently.

[00:05:49]Letters from my job and her job. All right, just hold on. You're going to need to tell all that to a lawyer.

[00:05:54]That's You still have that assault down the hall, Pandy?

[00:06:22]>> I have to go to that court land.

[00:06:25]For the same person.

[00:06:30]All right, so based on the limited information that I have, I'm going to again find that you violated the conditions of your bond and in cause number 25 DCCR 1752, raise that bond to Boom, bond raised to $35,000.

[00:07:04]That's the courtroom version of we're done playing. And now comes the drug patch condition, which is basically probation's ankle monitor cousin. It tracks substance levels over time. So, there's no easy excuse later like it just fell off. The judge has definitely heard that one before. $35,000.

[00:07:23]A condition of that bond if you make it is that you have to have a drug patch put on within 24 hours of your release from custody. Okay. And um obviously if you get out soon, I'm going to assume that that drug patch will initially be positive.

[00:07:38]>> Okay. But it should be going down. So, it doesn't just test whether you're positive or negative, it gives me an amount. And if it's not going down, then that bond's going to go up even higher.

[00:07:49]Do you understand?

[00:07:51]If you don't get the drug patch changed every 2 weeks like you're supposed to, sometimes people say, "Oh, it fell off."

[00:07:58]And I, you know, it just They don't just fall off. Okay? So, you need to make sure you have it on at all times, get it tested when you're supposed to if you make that bond. Go back with the bailiff.

[00:08:25]Good. You're Robert Felix?

[00:08:27]And come on out, ma'am.

[00:08:29]Let me get this pulled up here.

[00:08:36]And let me see, this is 21 38610 and 2138611.

[00:08:44]Mr. Felix is on probation in each of those cases. One for manufacturing or delivering a controlled substance, and the other for felon in possession of a firearm.

[00:08:55]Received an administrative hearing from Ms. Choppa Bradley, and in it the request was to schedule for a judicial review.

[00:09:16]So, you were in custody and released to December 18th, and the stipulation was that you have a GPS monitoring device with zero tolerance.

[00:09:26]And it looks like there've been several issues with that monitoring company, that the battery either needs to hasn't been charged properly.

[00:09:43]Looks like you were out past curfew.

[00:09:47]January 2nd on January 3rd also Find that you have unstable housing.

[00:10:02]But you're supposed to be giving the information of where which of the addresses you're staying at to your probation officer each day. Is that correct?

[00:10:10]>> Yes, ma'am. So, what's going on?

[00:10:12]Uh I didn't know what address I'm staying at. Anytime I was out past curfew was because of work purposes. I was DoorDash. I gave her the receipts of proof proof of that.

[00:10:24]Uh I I have a job right now at Sparkle Image within our city. At where?

[00:10:28]>> Sparkle Image Wash Depot and also DoorDash. Uh I've been on this monitor for 5 years, judge. I got paid over $14,000 since 2021.

[00:10:40]And the monitor wasn't really hindering me from going where I need to go.

[00:10:44]And uh >> Well like I make the curfews. I'm I'm washing my house and everything. Well, here's the thing. This was your Hold on. Hold on.

[00:10:58]For you to say that this is a hindrance to you and an imposition on you does not bode well with me. Hold on.

[00:11:05]Now, watch this shift with Robert Felix.

[00:11:08]The judge is making something very clear. Probation is not convenience.

[00:11:12]It's accountability. Saying supervision is a hindrance is like telling the referee the rules are annoying. That argument was never going to win.

[00:11:21]But interestingly, his probation officer actually backs him up and that might just save him. All right, you're on probation for obviously two serious felony cases. You have some criminal history, obviously, because you're on probation for an unlawful possession of firearm by felon.

[00:11:41]I get that probation's not fun. I get that you have to do things you don't want to do. That's what happens when you commit felonies. So, coming in at that angle is not going to go well, okay?

[00:11:52]Um you've had some issues. You were here and we required that monitor for a reason.

[00:12:01]Um and so, I'm trying to look back and see, but I'm guessing the reason was that we had some issues with failure to show up or what was the We initially did a judicial review for two.

[00:12:14]There was some problems with the monitors and getting them to comply. We asked for a judicial review to see if if he could get off of it and he didn't show up for that hearing.

[00:12:24]And so, that's what put him in jail. And then, he did get out again initially. He had some trouble keeping it charged and everything, but once it was impressed upon him that this was not going to go away.

[00:12:35]So, what do you need to take care of?

[00:12:38]The only problem is it's it's just it's not feasible to have somebody that has unstable housing do uh a monitor and while he's DoorDashing after 8:00 at night.

[00:12:49]>> Right. Right.

[00:12:50]I've checked his receipts. He does DoorDash. He's got receipts saying that he has You know, I didn't check every single one, Judge, but I I've spot checked and he is in He's He's doing it. He's going to school, but this monitor is not uh except a wife made to try to supervise him.

[00:13:09]>> Okay. So, do you think it would be easier for him not to that you could actually supervise better without it? I do. Okay.

[00:13:17]All right, and and and here's the thing.

[00:13:19]It sounds like Mr. Joseph, if you had showed up the other time you were supposed to be here that that was probably what was going to happen and then I got mad that you didn't show up and I'm going to make you keep the GPS.

[00:13:28]I see it. You see the consequences just get worse if you and it could have been better.

[00:13:32]>> I showed up last time. They sent me to a different courthouse in Port Arthur. I had the paperwork and everything. I've I've been screaming for years for for years. I've I've been doing everything You've been coming to You know what court you're supposed to come to when it's my date for you to come to court because you've been coming since you've been on the probation. So, that's not You know if there's an issue here where you're supposed to be.

[00:13:52]>> I just followed the last directive order. It's They sent me to probation today. Who's that? Uh I had the info already. So, here's the thing. Things are were going are going kind of well for you. You probably should quit coming up with excuses.

[00:14:05]Okay?

[00:14:08]Because it's just it's probably one of my number one pet peeves. It's just to keep coming up.

[00:14:14]Just take the personal responsibility.

[00:14:17]Went to the wrong place. Should have asked. Should have asked a bailiff. You know where the 252nd District Court is.

[00:14:23]You know the judge that's on You're on probation for. So, I'm going to It sounds like you've got some really positive things going on and that you were in a bad place and you're working hard to get out of that. This isn't meant to make it harder on you, but you have to follow the rules and you have to show up, stay in touch. It sounds like your probation officer is willing to work with you through all of this kind of turmoil with you not having a steady place to live.

[00:14:49]So, take advantage of the fact that you've got a good one that's willing to work with you. Make sure you stay in touch with her. Let her know where you're staying. I know that's difficult because if you're changing places, you got to keep telling her. But, keep doing all of that and you're going to be fine.

[00:15:04]Okay? So, I'm going to order I will allow the order that the GPS monitoring device be removed. That makes it all the more important though that you stay in touch and she knows what you're doing, where you are and all of those things.

[00:15:18]Okay. All right. You're free to go.

[00:15:20]Thank you, ma'am. Thank you.