Judge Middleton WARNS — ‘This Could Mean 10 YEARS’

Added: 2026-05-11

[00:00:00]with the habitual third.

[00:00:05]All right, this is 26 502 FY.

[00:00:16]Are you Jamie Lee Schrock? Yes, sir. And we've we've met, but I need to identify you for the record.

[00:00:31]We offer DV third and it declines.

[00:00:41]Set for prelim 4 28 26 at 1:00.

[00:00:53]Mr. Schrock, I don't think you owe any money.

[00:00:56]No, I'm paid up.

[00:00:58]Yeah, we talked about that at your arraignment. I think you're squared away. This matter is charged as assault with intent to commit great bodily harm, which is a felony punishable up to 10 years in prison.

[00:01:09]Uh the other charge, domestic violence third offense, is a felony punishable by up to 5 years in prison, I believe.

[00:01:17]So, that's the offer. At this point, you declined. I'm going to leave it on for a prelim. We'll take testimony theoretically from the complaining witness.

[00:01:26]And uh Yes.

[00:01:29]>> [clears throat] [snorts] >> will be uh here next Tuesday at 1:00. Stay in contact with your lawyer. You've made all your court appearances. Now, there is a no contact provision. You need to continue to comply with the conditions of the bond.

[00:01:42]No assaultive or threatening behavior.

[00:01:44]No contact with the complaining witness.

[00:01:48]All right, you're good to go. Thank you, Judge.

[00:01:51]May I have about 70 emails for you?

[00:01:53]Chad William Sloan Okay. Okay. That's all. Yeah. Okay, you're good to go. That one's going to stand for prelim as well, Your Honor. He does have an attorney pre-trial scheduled for Friday on a misdemeanor file, which I will deal with Miss Sloan.

[00:02:10]All right.

[00:02:12]Thank you, Miss Sloan.

[00:02:23]He has an old retail fraud from 2019, which he failed to pay $125.

[00:02:29]He has a new retail fraud uh which is a set for planning pre-trial with Judge Patterson this Friday.

[00:02:40]And then this one.

[00:02:58]Those chairs aren't comfortable to sit in for a long time.

[00:03:03]Um that's how they used to make them.

[00:03:06]>> [clears throat] >> If it's any consolation, the chair I'm in isn't very comfortable either, so I guess we're all in the same boat. And I can attest that Miss Strong's chair is not very comfortable.

[00:03:30]It looks historic, but it isn't very comfortable to sit in.

[00:03:34]Uh Mr. Chad William Sloan is alleged to have been at the Walmart store and stolen property worth more than 200 but less than $1,000, but he has several previous offenses.

[00:03:49]So, he's charged as a five-year felony retail fraud first and a fourth habitual offender, making this punishable by up to life in prison, but excuse me, up to 20 years in prison, I believe.

[00:04:05]They have a video surveillance of him allegedly taking a bicycle-shaped object from the store worth $548.

[00:04:24]The uh store employee knew you from school and then they watched the videos.

[00:04:32]All right.

[00:04:48]Mr. Sloan, are you back in Constantine?

[00:04:51]Uh White Pigeon, sir.

[00:04:55]I don't know what we show for address.

[00:05:05]Miss Strong, I appreciate your being on top of all your cases. As difficult as this is, it would be much more difficult if you weren't as prepared as you are.

[00:05:14]Thank you, Your Honor, and I appreciate the leniency of the court. It was a longer morning than I preferred it to be.

[00:05:22]>> doing fine. There's just a lot of people to deal with.

[00:05:25]All right. Defend- Was there a plea offer?

[00:05:28]Yes, to retail fraud first with no sub.

[00:05:39]>> [clears throat] >> All right, leave for prelim 4 28 at 1:00.

[00:06:01]All right, Mr. Sloan, uh um you owe money.

[00:06:05]I'm going to discuss this when I see you next week. I can wipe that out with jail time.

[00:06:10]You got two previous retail earlier retail fraud. You owe $125.

[00:06:15]So, we'll see what happens with the other case.

[00:06:22]APT for 426 in 2659 SA.

[00:06:34]All right, so you're good to go.

[00:06:36]Thank you. See you next week. See you.

[00:06:38]See you Friday until Yeah. until I tell you otherwise. Yeah, your next court date is this Friday, right in this very room.

[00:06:46]Be in touch.

[00:06:50]Uh Charles Robert Smith Mr. Smith is in custody. He had a mental health pickup order through the probate court. I did confirm this morning that has expired. In light of that, the prosecutor's office has not made any kind of um offer, but I would be inclined to request a competency evaluation on Mr. Smith as part of my responsibility as his counsel in light of the pickup order.

[00:07:16]>> Mr. Gaber for that one.

[00:07:18]Uh Ethan Smith Ethan Smith is present. He will be entering a plea to a misdemeanor.

[00:07:29]>> [snorts and clears throat] >> We're fine. We've been working through the cases that we didn't need John on waivers and that sort of thing, but we're getting down to crunch time here.

[00:07:39]Uh Stephanie Smith Stephanie Smith will be a plea.

[00:07:45]She is present.

[00:07:52]Justin Spence, you mentioned is present.

[00:07:55]He will be a plea and he is present.

[00:07:58]And he has failed to contact community corrections. Will we rectify that? He indicated to me uh during our last phone call that he did contact community corrections. He's here today to enter a misdemeanor plea.

[00:08:09]>> [snorts] >> All right, James Swinehart James Swinehart, I am I spoke with him at the jail on Sunday. I did not have offers at that time. At this time, I am still missing reports in file 252671 FY. And as I said, I've not had an opportunity to consult with him. For this one, I would ask that this be adjourned to the next PCC date so I can discuss this matter with him. Any objection to that, Mr. Gaber?

[00:08:37]>> No, Your Honor. Actually, four files with Mr. Swinehart.

[00:08:41]Trying to get a handle on all of those different cases probably will take a little time.

[00:08:47]I'm dumping a lot of these onto Judge P, which I don't really like doing, but Casey's here that day and it's going to be as bad a day as this is.

[00:09:05]>> [snorts] >> Continue that one week. Pre-exam is set for 428 26 8:30.

[00:09:23]A minute examination, if needed, will be May 5th, 26 at 1:00.

[00:09:31]There are substantial bonds in each case, [clears throat] so Mr. Swinehart isn't going anywhere. He also has $458 of other unpaid fines and costs.

[00:09:52]>> [snorts] >> All right. Now it looks like we've got several pleas to take and we'll see what we're going to do with them in custody court. I wish I had a chair fixed.

[00:10:24]And we all Bend over.

[00:10:27]Let's start with Mr. Rhodes. Would you come back up and have a seat next to your lawyer?

[00:10:41]Thank you.

[00:10:43]>> [snorts] >> Are you Byron Arnell Rhodes? Yes, sir.

[00:11:04]We've met. Uh you're charged here with possession of cocaine as a second offender making that punishable potentially by up to 6 years in prison.

[00:11:18]If I understand correctly, Prosecutor Gabry has agreed to reduce this to a misdemeanor charge of use of cocaine >> [clears throat] >> with potential 7411 status for sentence.

[00:11:29]Is that correct, Mr. Gabry?

[00:11:31]>> It is, Your Honor.

[00:12:00]7411 is a section under the Public Health Code 333.741 which allows the judge uh to put a person on probation on a controlled substance charge. And if you complete the terms of the probation, the charge could be taken off your record as a public record of conviction.

[00:12:22]So, uh >> [clears throat] >> that's a benefit. I can do that one without the prosecutor's consent as opposed to some others, but I generally wouldn't if they objected.

[00:12:37]Cocaine had disappeared for a while uh when I first started, our drug was heroin.

[00:12:45]Old-fashioned powdered heroin and tar heroin.

[00:12:51]Then cocaine hit and we thought we were overwhelmed.

[00:12:55]Then crack cocaine hit and we were really overwhelmed.

[00:12:59]But then we had opioids and methamphetamine and uh cocaine kind of faded into the background.

[00:13:09]Uh Mr. Rhodes, have you had any previous drug convictions in any other jurisdiction? No.

[00:13:17]Are you [clears throat] on probation or parole? I'm on bond.

[00:13:21]On this case?

[00:13:24]See.

[00:13:26]Yes.

[00:13:27]>> [laughter] >> Well, everybody here is on bond, so that's all right.

[00:13:55]You're on a payment plan on a driving case um that we dealt with a while ago and you got a bunch of unpaid booking fees, but I'm not chasing those anymore.

[00:14:18]You had a bunch of stuff when you and I were both younger which has mostly been taken off your record.

[00:14:28]>> [clears throat] >> Yeah, there's a lot of baggage in here.

[00:14:54]I think if I do take this plea, which I plan to, I'm going to set it for sentencing to get some more information before I do the sentence.

[00:15:03]Mr. Rhodes, are you going to plead to the charge of use of cocaine, which is a misdemeanor punishable by up to a year in jail and fine of up to $2,000?

[00:15:14]Um Use of cocaine?

[00:15:18]Yeah. It's a misdemeanor.

[00:15:20]>> [snorts] >> Yes, sir. Did anybody threaten you to get you to do that? My lawyer. All right, she threatened you to get you to plead to this. We can't We can't mess around about that, okay?

[00:15:30]Nobody Something I had one guy say, "Yeah, my my wife told me she'd kill me if I didn't plead to this." But I mean, if your lawyer, the prosecutor, a probation officer, the judge, anybody threatened you to get you to try to plead to this?

[00:15:43]>> No. Or promise anything other than the plea offer.

[00:15:48]Yes.

[00:15:48]>> All right, do you understand that if you do plead to this, you're giving up all these rights on the advice of rights? Uh yeah.

[00:15:55]Well, let's talk about this case.

[00:16:20]According to the affidavit uh there was something going down at North Main Shell and they found a baggy with some drugs in it.

[00:16:31]And you'd been in there sometime earlier and apparently dropped that baggy.

[00:16:38]And then they watched the video and realized it was you.

[00:16:43]Um so had you had a baggy of cocaine that you actually dropped at the Shell store?

[00:16:51]Yeah. And had you used some of that? One time. Had you used some cocaine? Yeah.

[00:16:57]Not that time. All right, well, had you used some like with a And my wife, yeah.

[00:17:02]All right, but >> And Your Honor, we're we're doing the plea to the possession of cocaine as the lesser included being used. He's not admitting to using it actively, just having knowledge and possession of it.

[00:17:14]Is that correct?

[00:17:14]>> Yes, sir. Yes, Your Honor. Oh, I'm sorry.

[00:17:17]>> [snorts] >> So, everybody agrees? We're all in agreement.

[00:17:31]If I gave you a test right now, what would that show?

[00:17:38]A lot of marijuana.

[00:17:40]All right, well, marijuana's lawful for uh adults to use for recreational purposes.

[00:17:46]If I put you on this probation under 7411, you're not going to be able to smoke weed. Do you understand that? Do you want to do that? Yes, sir.

[00:18:00]All right.

[00:18:02]I'm going to set this on a bit.

[00:18:22]We try to use Wednesdays for Mr. Strong.

[00:18:25]Are you available Wednesday, May 27th?

[00:18:30]I believe so, Your Honor. Let me double-check. Yes, I am.

[00:18:41]All right.

[00:18:42]11:00 a.m. or set 10:30.

[00:18:49]I'm going to ask you some questions. I'm going to ask you, "Where did you get it?

[00:18:52]Whose baggy was this?"

[00:18:55]Uh and I want you to pay on your other stuff and then we'll figure out what we're going to do, but we'll probably do a drug test that day.

[00:19:06]Uh I don't expect you to be at zero cuz you probably can't get to zero by then, but I as a time of probation, you can't use any marijuana.

[00:19:19]Are you working somewhere? Yes, sir. You told me that before, but I forgot where.

[00:19:23]Pittsburgh.

[00:19:25]At Summit? Yeah.

[00:19:34]What shift?

[00:19:37]Third.

[00:19:37]Is that why you've been up all night?

[00:19:41]I just I didn't Did you work [clears throat] last night?

[00:19:44]No. Okay. No.

[00:19:47]I got off. Uh my supervisor, he's Yeah. He just letting me get some time off.

[00:20:10]And your honor, I am owed to Judge Patterson at 11:00. Can I ask one of the deputies to give him a note that I might be a moment late?

[00:20:18]Don't say a little late. Say she may be late late. A moment late.

[00:20:23]Um Thank you, guys.

[00:20:25]>> that's moment late. I sent an email and I just want to confirm.

[00:20:29]That would be Wednesday, May 27th 2026 at 10:30 30 courtroom C.

[00:20:44]I guess this is courtroom C. I'm not sure what it is, but that's what I call All right, Mr. Rhodes. I will see you on May 27th. Don't get any more trouble.

[00:20:58]Get your stuff paid off and we'll talk about this probation at that time.

[00:21:04]Yeah?

[00:21:06]>> [snorts] >> You can check with the clerks. You had a allowing another to violate the motor vehicle code set for 3:31.

[00:21:18]I'll give you that.

[00:21:25]I don't think so. I think you got one left.

[00:21:28]Mhm.

[00:21:29]All right, Mr. [snorts] Rhodes.

[00:21:33]Yeah, okay.

[00:21:35]Now, uh I'm not concerned about Mr. Rhodes, but that is an issue when you walk right up to the bench.

[00:21:42]People are concerned that they want to come up and punch me in the nose or Well, you're not.

[00:21:49]>> [laughter] >> But So, we'll see. Anyway, he's going to pay that and he's famous now and he's going to be more famous when he pays his fine.

[00:22:01]All right, Mr. Rhodes.

[00:22:03]Okay.

[00:22:09]I remember the case in Las Vegas where the guy jumped over the bench. I want to try that. I want permission to try that.

[00:22:16]I bet I could I bet I could I bet I could jump it.

[00:22:18]>> When I was young and this courtroom was jammed.

[00:22:22]I have some pictures of me sitting on this bench.

[00:22:26]Uh in a disrespectful manner. The courthouse was This building was shut down. It was blocked off and I had a me sitting on Judge Boyle's bench. I guess I'll see if I can find those.

[00:22:42]But now it's a bench again.

[00:22:45]All right, let's talk to Stephanie Smith.

[00:22:58]This is file 26 603FY.

[00:23:31]So, what are you asking specifically?

[00:23:33]I'm asking for just like a week.

[00:23:36]>> [clears throat] >> I don't want to bring one to the system.

[00:23:39]No, I don't want to do that. I just want to see if I can keep the offer on the table that I have for the PPO in the If it's okay with the judge.

[00:23:53]Good morning. Are you Stephanie Marie Smith?

[00:23:56]Uh I'm Judge Middleton. You're charged here with a possession of methamphetamine.

[00:24:03]That is a felony punishable by up to 10 years in prison.

[00:24:07]Uh you're charged as a second offender alleging that you had previously had a felony driving charge in Michigan.

[00:24:17]So, it's punishable as a second by a 15-year maximum sentence.

[00:24:24]This is alleged to have occurred in Constantine on January 2nd of 2026.

[00:24:30]Uh And your honor, in back and forth with my client, I do have a signed waiver of rights and plea. Miss Smith has indicated and the prosecutor has agreed a request for continuance to next week's in the morning probable cause conference docket. She This is our first contact.

[00:24:50]There are a lot of reports to review.

[00:24:52]While I do not think that Miss Smith's position is going to change, she would like the opportunity to fully review all of those reports and have any follow-up questions with me that she needs and I would like her to have that opportunity so she can move forward knowingly, voluntarily, and understandingly.

[00:25:08]And I was Is that Does that mean that the All right, well, did you call your lawyer? I tried, yes. But she's busy. I called We played We did play phone tag multiple times throughout the week.

[00:25:20]She left two voicemails. I left If He's got already a full boat. Let's take a look.

[00:25:34]I tell everybody, call your lawyer.

[00:25:37]And [snorts] she did, your honor. We just played phone tag.

[00:25:40]Okay. And in defense of the lawyers, they are busy. For example, she's going to be here with me all day today. So, if you tried to call her, uh you wouldn't be able to get through to her, but she was working over the weekend.

[00:25:53]She was at the jail on Sunday, which is a real fun place to visit on a Sunday.

[00:25:59]But I'm concerned about a couple things, Miss Smith. You've got an unpaid retail fraud charge of $156.

[00:26:06]You have an unpaid failure to yield ticket with $144.

[00:26:11]So, you have $300 worth of unpaid fines and costs. I can start paying on those.

[00:26:16]Um I don't know if I reminded you those are due or not.

[00:26:22]Um I don't think I did.

[00:26:25]Also, if I give you a drug test right now, what will it show? I'm good. What?

[00:26:30]I'll be good. It will show clean?

[00:26:32]Maybe weed. I might have some weed in my system. That's about it. All right.

[00:26:35]Well, you're not I'm trying to look if there are any bond conditions in here.

[00:27:15]Read this affidavit.

[00:27:19]As to doing the stolen trailer.

[00:27:23]Uh during the search, I found a Ziploc bag.

[00:27:28]Said it was hers.

[00:27:30]7.9 g.

[00:27:35]0.79.

[00:27:50]All right.

[00:27:57]I don't think Judge Patterson is going He's going to have a morning like this.

[00:28:01]Um continue >> [snorts] >> and you see 2428 at 8:30.

[00:28:18]All right. We're going to need to to balance out the court. If you want to go two weeks, I You know, I'm having some I'm having some issues with the court to do that cuz I may have And your honor, I do believe now that I have offers, things will go very smoothly.

[00:28:33]We'll walk in with resolutions ready to go.

[00:28:36]All right. Well, it will, but there's still a lot of cases. I mean, things are going smoothly now. There's just, you know, 30 people we need to address.

[00:28:44]What's the arraignments?

[00:28:46]His benefit he doesn't have arraignments.

[00:28:49]He doesn't have Tuesday arraignments, so he doesn't get as backed up as I do.

[00:28:53]All right.

[00:28:55]556 at Your matter is adjourned one week. I want you to stop out at the counter regarding those unpaid fines. We're going to give you a drug test next week.

[00:29:07]That's fine. Uh it will probably still test positive for marijuana, but uh it I don't want it to test positive for methamphetamine.

[00:29:18]I have my suspicions about you doing a test today, but uh we'll see. Anyway, this matter is adjourned.

[00:29:27]>> [clears throat] >> And you stop at the counter regarding the unpaid fines. Thank you.

[00:29:38]Danny Flowers?

[00:29:53]>> [snorts] >> And your honor, this is two improper transport. If you would like me to elicit the factual basis, I can. I know that one's a little All right. And we used to use this statute a lot.

[00:30:41]Uh, Mr. Marvin, Mr. Robear, what's the citation?

[00:30:47]I have to look it up, your honor. I apologize.

[00:30:51]Don't have that [clears throat] one off off the top of my head anymore.

[00:31:05]It is MCL 750.227D.

[00:31:12]All right.

[00:31:27]>> [clears throat] >> Mr. Flowers, it's alleged that on April 9th that you had a.25 caliber pistol on your person in a vehicle, and you had no valid operator's license.

[00:31:51]If I understand correctly, the prosecutor's going to agree to dismiss both of those charges if you plead to the misdemeanor offense of improper transport of a pistol.

[00:32:02]That requires the pistol be forfeited.

[00:32:04]The state police will grind it into small pieces and as well as the ammunition. Do you understand? Yes.

[00:32:13]It is a misdemeanor which is punishable by, I believe, up to 90 days 93 days in jail or a fine of up to $500.

[00:32:21]Um, anybody threaten you to get you to plead to this?

[00:32:29]Anybody threaten you to get you to plead to this?

[00:32:33]I had a neighbor who threatened me at one time, so >> No, but anybody threaten you to plead guilty to this charge?

[00:32:39]Or promise you anything?

[00:32:42]Did anyone promise you anything? No.

[00:33:06]You don't have anything in my county.

[00:33:11]And you don't have anything that shows up on your criminal history, which is probably why Mr. Graves was willing to make this plea offer as opposed to the guy with a machete who didn't get such an offer.

[00:33:25]Um, as far as I can tell, you don't have any criminal record. Is that correct? Yes.

[00:33:31]Okay.

[00:33:32]Uh, were you driving in a car and you had a.25 caliber pistol in the car with you?

[00:33:39]The what?

[00:33:40]Were you driving in a car with a.25 >> I was parked. All right. Were you in a car? Yes.

[00:33:47]Uh, and you had this pistol because a neighbor was threatening you?

[00:33:54]I had a neighbor who threatened me and I didn't know what way to take it and I didn't understand the law all the way and I got caught up.

[00:34:03]You live in the N Yes.

[00:34:06]But you don't have a carry concealed weapon permit. No. That's where I messed up.

[00:34:12]And the law is different in the other neighbor of Michigan.

[00:34:16]Uh, all right.

[00:34:20]Mr. Graves, you don't have any prior violent offenses or assaultive behavior.

[00:34:24]No, I'm not answering for anything other than that, your honor.

[00:34:32]Do you have any charges in N A?

[00:34:35]>> [clears throat] >> Any cases in N A? No. Well, how come you don't have a valid license?

[00:34:41]Every time I try to take the test and I failed it.

[00:34:45]How'd you get here? Uh, my sister.

[00:34:48]And she's back there with you.

[00:34:50]And then >> [snorts] >> This is >> [clears throat] >> Okay. I'm sorry. This is How long were you in jail before you found out?

[00:34:59]How long were you in jail?

[00:35:02]I should say about a day.

[00:35:08]Yeah.

[00:35:08]>> [clears throat] >> Uh, I received the case assignment on the 10th. He contacted me on the 13th.

[00:35:14]Okay.

[00:35:20]So, you have a gun.

[00:35:46]All right. One day in jail credit for one day.

[00:36:17]>> [snorts] >> Are there any of these here today?

[00:36:22]I'm sorry, Judge.

[00:36:26]What is that? The back uh, back codes?

[00:36:29]>> Back back codes.

[00:36:31]I mean, you have a We're going to look up the number for the cases And I remember when it was just a one binder. You want this? No.

[00:36:46]>> [snorts] >> Well, that is called back codes.

[00:36:49]Prosecuting attorney association 40th annual signing all the numbers to some of these computers and use that.

[00:36:58]Anyway, it's a $100 fine, $75 fine, victim's rights fee, $50 state minimum $150 attorney fee.

[00:37:13]And then there's the substance abuse substance abuse fund.

[00:37:24]That's $250 a pop.

[00:37:31]I'm not sure how that came about.

[00:37:36]So, you have a fine.

[00:37:38]And then you need to go out to the counter to set up a payment plan. Okay.

[00:37:41]Take your paperwork right to the counter when you leave, please.

[00:37:46]Judge will handle two of them and then you'll be free to walk out.

[00:37:57]Can you pay that $125 today or do you need some time to pay?

[00:38:02]Uh, probably I was thinking about an hour.

[00:38:09]>> [snorts] >> And then you guys close for the clerk office. 4:30. All right. I'm going to let you go.

[00:38:16]But can you pay in 30 days? Yeah.

[00:38:22]I know it takes me time to get that paperwork.

[00:38:26]As long as you pay. Yeah.

[00:38:32]I got some information correct with the license.

[00:38:36]$125 by 2024.

[00:38:45]May 2024.

[00:39:00]You do remember the gun.

[00:39:02]First time I saw it, I thought it was a toy.

[00:39:05]You can use the instructions on the side.

[00:39:08]Okay.

[00:39:09]Okay.

[00:39:11]You're set.

[00:39:12]Okay. And you resigned the waiver of your rights and then you can take those off by yourself.

[00:39:18]Mhm.

[00:39:19]>> [clears throat] >> All right.

[00:39:25]Two more record time. Tell Judge Patterson.

[00:39:29]You got uh, I mean, you got stacks.

[00:40:09]>> Okay.

[00:40:11]And he is just showing me an email from community corrections saying good evening. I received your voicemail.

[00:40:16]You're all set for checking our office is in the process of moving to a new physical location.

[00:40:22]He's asking me.

[00:40:23]>> [snorts] >> Yeah, cuz you and I talked at work.

[00:40:30]We're away.

[00:40:46]I'm calling from community corrections.

[00:40:49]>> [snorts] >> Uh all right, I have my phone.

[00:40:57]So now my phone works.

[00:41:04]Plus I didn't make it to corrections. I got a chance.

[00:41:08]I didn't try.

[00:41:10]That's why I don't know if I don't know if I don't have community corrections doing my drug screens.

[00:41:15]All right, this is Justin Spence. That's you, Justin? Yes, sir.

[00:41:20]I sent you a letter with the charges.

[00:41:22]Justin, I'm sorry. I tried to call community corrections. Oh, no. Okay.

[00:41:26]Just to make sure. You wrote my phone number down, so I'm not sure. I missed your contact.

[00:41:32]>> [clears throat] >> I can't find my telephone number. It says to call crosswalk. Yeah, I did call the jail this morning.

[00:41:47]>> [clears throat] >> All right, you are Justin Michael Spence. Yes, sir. Mr. Spence, you are charged with possession of that methamphetamine and operating a motor vehicle under the influence of it.

[00:42:12]Uh The first one is a felony, punishable by 10 years in the prison.

[00:42:17]The second charge is a misdemeanor, punishable by 90 days in the jail, >> [snorts] >> a fine of $500.

[00:42:27]Uh Mr. Kennedy, was that clear enough for you? Right, in this situation we've offered gentlemen an opportunity to enter a plea of guilty to use of um methamphetamine.

[00:42:39]Basically, this is a residue case with a pipe and some residue in a plastic baggy.

[00:42:45]Uh in addition to that, he would have to admit responsibility or plead guilty to the ticket that he was written regarding the motorcycle endorsement.

[00:42:55]And I'm looking at it does appear that he has a possession of marijuana charge, so He mentioned that I do not believe that he's 7411 eligible. Right, 7411 is not possible today. Yeah, it's a minor having it.

[00:43:07]Yeah. [snorts] All right, so you understand you are pleading to a misdemeanor charge of use of methamphetamine.

[00:43:36]That is a misdemeanor that's punishable by a year in jail, a fine of $2,000.

[00:43:42]The other charge is a motor vehicle trespass, punishable by 90 days in jail, a fine of $500. And you will be sentenced to 2 months. Do you understand? Yes, sir.

[00:43:56]Other than that, do you have any other problems with your drug screens in the last week?

[00:44:00]Yes, sir.

[00:44:02]No.

[00:44:07]And you signed the advice of rights. So, let's take a look at this.

[00:44:23]>> [snorts] >> You got pulled over on this motorcycle, and this says and that's a mistake.

[00:44:39]And we did a roadside test, is that correct?

[00:44:42]Yes.

[00:44:47]They let you do a pat down and that's where I found the pipe.

[00:44:53]Uh let me see what your first one says.

[00:44:55]The first one says possession of methamphetamine. Can you confirm that?

[00:44:59]Did you smoke some marijuana or anything?

[00:45:02]Um not earlier than Yeah, and we're entering a factual basis to the possession with the lesser included use.

[00:45:08]He had it knowingly and intentionally in his possession, and that should satisfy the factual basis for use.

[00:45:15]All right.

[00:45:26]So, should I just put you in jail right now for about 30 days? You're not in the community corrections. You're using methamphetamine and you're operating a motor vehicle with a pipe.

[00:45:36]I got to go over your tests with you.

[00:45:38]You got a pipe full of residue.

[00:45:40]Again, your drug test right now, what would it show? What would it look like at that time? Was that within the last 3 days? Marijuana.

[00:45:48]How about that?

[00:45:49]No, sir.

[00:45:50]Why didn't you contact community corrections? I did, twice.

[00:45:55]And what happened?

[00:45:56]Um I got the voicemail the first time, and then she called me back the next day.

[00:46:02]And then she told me that that was my reporting, and then I needed to report every Thursday.

[00:46:06]Uh and then I called the next following Thursday, and that's when I got the check-in today.

[00:46:13]>> [snorts] >> Uh she said something about community corrections.

[00:46:21]So, for sentencing Okay, I'm going to submit that date.

[00:46:30]You live in Sturges, is that correct?

[00:46:33]Yes, sir.

[00:46:34]I want you to go to the day reporting center and take a drug test today.

[00:46:39]Are you on probation or parole?

[00:46:41]Uh parole, yes.

[00:46:44]Uh I want to [clears throat] see what your next test is.

[00:46:48]Now, it's awful if he uses marijuana or does or refuses to submit.

[00:46:54]>> [clears throat and cough] >> Uh I'm sorry, I'm here today.

[00:46:59]Give me.

[00:47:02]I'm sorry. Uh marijuana, do you understand?

[00:47:06]Do you understand that on probation you can't use marijuana? Yes. But I suppose that you're using meth right now.

[00:47:13]That is a special law.

[00:47:16]Yeah.

[00:47:20]See what you want to do.

[00:47:24]If you got a test positive, just tell me now and we can save yourself a trip. I'm not going to lie to you.

[00:47:29]You're going to jail. There there might be some in there, yes, but it's not like I've used today, no. I haven't used yesterday, no.

[00:47:35]>> When when did you last use?

[00:47:40]I I don't know. A couple of days, 2 days maybe.

[00:47:44]>> So, you're still using meth. That's what I said, there's maybe a little bit in there. So, but when I see you on the 27th of May, I'm going to test you again. Okay.

[00:47:53]Your this isn't like a switch. You can't just turn it off and say, "Well, I'm not going to be using methamphetamine." Cuz everybody can't stop it. So, if it's fast and you used it today, and you used it yesterday, um that's a race you can't win.

[00:48:11]Are you still ordering him to DRC today?

[00:48:13]Okay. You got your probation while staying away from the money.

[00:48:18]Uh I'm just A, I'm disappointed you wouldn't tell me you were using meth. We have to go through these drug tests, B.

[00:48:26]And B, if you tell me you're not using meth, and you are, you will be positive.

[00:48:31]So, I want to know when I see you on the 27th if you're positive that time or not.

[00:48:36]Cuz one option I have is to put you in jail for a year. I'm not going to put you in jail for a day.

[00:48:42]But I could put you in jail for a few detox.

[00:48:46]I also want to see what your employment is.

[00:48:53]Are you working somewhere?

[00:48:54]Uh I do own my own small business.

[00:48:57]Say that again. I have run my own small business. What kind of work do you do?

[00:49:01]Docks and hoist lifts.

[00:49:03]Docks and hoist and lifts. You have a small business right now. I'm very busy.

[00:49:08]You got a crew?

[00:49:09]Huh? You got a crew? No, just myself.

[00:49:12]Owner and operator. One guy, docks and hoist and lifts. Yes, sir. You have equipment? Yes, sir.

[00:49:19]You have like a lift on a motor or something? No, I do old school with pads and a lift jack.

[00:49:27]Well, I didn't know your business in February.

[00:49:31]Okay.

[00:49:34]And March, and you did it in April, May, and June. And and then again it's fall.

[00:49:40]But I don't know how long I'll be on probation.

[00:49:49]And it's February.

[00:49:52]Which one is it, sir?

[00:49:58]He's going to give you your license.

[00:50:11]Judge Patterson. He was bagging up.

[00:50:17]Are you still on pre-trial services?

[00:50:23]So I don't see how you're going to make your situation.

[00:50:28]I don't see how you're going to make it.

[00:50:32]I said you need the official notice again. You have a couple of times to do what you need to do with your situation.

[00:50:39]>> [clears throat] >> I don't see how you're going to make your situation.

[00:50:52]You were speeding.

[00:51:10]I am on time to my daughter's appointment.

[00:51:15]I was speeding.

[00:51:18]I was speeding.

[00:51:20]Which one is it?

[00:51:26]>> [snorts] >> He said which one is it?

[00:51:37]He didn't say.

[00:51:39]He didn't say?

[00:51:40]He didn't say. 74 in a 55.

[00:51:44]No, I was speeding.

[00:51:47]You want to go ahead and get out?

[00:51:49]Yeah, we haven't done Charles Smith yet.

[00:51:51]You said Jesus Smith.

[00:51:52]That's you, sir? Yes, sir.

[00:51:54]All right, you got a court date and you can watch your every word.

[00:51:58]Can you do that, Mr. Patterson?

[00:52:36]All right, Mr. Smith, you're charged with possession of cocaine.

[00:52:41]You heard about the earlier Mr. Rose cocaine coming here. So the system is to go So last night you got stopped at 1:39 on the street in Allentown Township.

[00:53:03]All right, Mr. Smith.

[00:53:06]Mr. Smith.

[00:53:15]You found a bag in there at the time.

[00:53:21]And it had some residue of cocaine in there.

[00:53:25]Yes, sir.

[00:53:26]What do you do, Mr. Smith? Uh I work for the Amish, sir, building houses in Fleetwood.

[00:53:36]All right, Mr. Gabriel, is he here?

[00:53:39]That's correct, your honor.

[00:53:48]Uh All right, they pulled you over for something.

[00:53:53]And they found this bag. Did you have some cocaine in it?

[00:53:57]Uh yeah, there is a residue in this bag, sir.

[00:54:00]Uh not at that time, yes, sir. But previously Yes, sir.

[00:54:14]Was it a real blue zip tie bag or not?

[00:54:16]It was a real blue zip tie bag.

[00:54:20]Uh it was real popular to keep your cocaine in a palm water bag. Oh.

[00:54:26]So 2012 drugs and a gun in a palm water bag, but uh >> [clears throat] >> Uh Uh you work construction for the Amish.

[00:54:44]All right, honestly, this will have a banner on our head until 2027.

[00:54:50]>> [clears throat] >> And no probation call. No, sir.

[00:54:57]Uh you're in charge of paying Mr. Rose.

[00:54:59]Yes, sir.

[00:55:05]You got 2,317 on page five and costs.

[00:55:12]Including on the bail for 2024.

[00:55:18]Mr. Smith, you're on 26.

[00:55:23]Okay. And I think you said you had the money. Uh I I just started my job back home.

[00:55:28]It's the season, so I That was my thing >> [snorts] >> with planning to pay for those off.

[00:55:34]Well, I'm going to look at that. I can make a payment plan.

[00:55:38]I have the money to pay to be able to pay it, sir.

[00:55:41]>> [clears throat] >> Is it a two-year extension or not?

[00:55:46]I think it's a two-year extension. Mhm.

[00:55:49]All right.

[00:55:51]Okay.

[00:55:52]It's okay.

[00:55:54]>> [snorts] [snorts] [clears throat] >> Judge Patterson gave you the sentence.

[00:57:09]Yes, sir.

[00:57:10]And You were on July of 20 4 replaced on probation on March 7th on probation.

[00:57:22]No, I'm not.

[00:57:23]That was for a 6-month term. I had got off early. And discharged without paying anything on it. Well, I had I had a payment plan set up.

[00:57:32]What's that? I had a payment plan set up.

[00:57:35]Well, how come you didn't pay on probation?

[00:57:42]Yeah, well, yeah.

[00:57:44]I was I was trying to do it if I could.

[00:58:00]Well, I'm going to tell you something.

[00:58:03]Uh we're going to talk about that. That is the key.

[00:58:06]Bring your toothbrush. Yes, sir. Uh I want to see You don't need anything.

[00:58:10]That's what I'm talking about.

[00:58:15]You got a break from Judge Patterson that he let you off probation and paid back in zero.

[00:58:24]That's not good.

[00:58:28]All right.

[00:58:30]They pulled you over on May 27th at 1:30.

[00:58:35]1:30.

[00:58:36]All right.

[00:58:40]Mr. Smith.

[00:59:27]All right, I'll see you on May 27th at 1:30. [clears throat] This is Ronald Smith.

[00:59:33]Yes, sir. All right, thank >> Three more and then we have eight.

[00:59:42]How many? Three more.

[00:59:44]All three in custody?

[00:59:53]Brandon and Ronald Richards, I have not been able to talk with them about those new misdemeanor offers.

[00:59:59]Okay, so we know that Anthony James has been thrown out.

[01:00:02]He he's already bailed out of here.

[01:00:03]Okay. We did him. Nashbrook E. White, Flowers is pled, Goose is going to run.

[01:00:11]Grant is adjourned.

[01:00:13]Randall, we think will plead, but he's in custody.

[01:00:18]We have Randall, Crandall, And your honor, I believe that in my emailing with the pivotal coordinator, the mental health pickup order has expired for Mr. Smith. Based on that, I have had good conversations with Mr. Smith, but based on the pickup order, I'm obligated to request competency for him. I would ask the court to consider modifying his bond to allow, if he is to be released on a pickup order, to allow that kind of a release.

[01:01:18]But like I said, because of the competency status, I have not discussed the mental health order in depth with Mr. Smith.

[01:02:18]I do not have a copy of that. I was made aware of it when I met with him at the jail at first contact, which was on the 14th of April.

[01:02:39]I have no paperwork regarding the pickup.

[01:02:50]>> [snorts] >> I have met with him twice.

[01:03:12]I believe that it's borderline. I've had some good conversations with Mr. Smith.

[01:03:17]I tried to time my meetings. My very first meeting with him was not as productive of a conversation. My next meeting with him was better.

[01:03:25]Um there was a a little bit of a time gap between those two meetings intentionally. I last spoke with him Sunday of this week on the 19th. I do believe that it I am obligated, when there is a mental health pickup order that I'm aware of, to ask for a competency evaluation.

[01:03:42]I don't believe it's appropriate to move forward until that issue is resolved.

[01:03:51]And that's why I'm asking for a modification of bond. I do not want Mr. Smith staying in custody until a competency evaluation can be completed.

[01:04:04]Unfortunately.

[01:04:14]The crime of the century.

[01:04:17]What?

[01:04:19]I I understand that.

[01:04:21]He has bigger fish to fry.

[01:04:36]He's on their radar. I believe that they're going to try to evaluate him again.

[01:04:42]I don't know for certain.

[01:05:00]Yes, your honor.

[01:05:03]Um Gary.

[01:05:05]Look, if you get >> [snorts] >> He's a huge imposition on the jail. It's not a mental health facility.

[01:05:22]I hate leaving him there. We're going to We're going to start going this way.

[01:05:27]Okay?

[01:05:29]I don't know enough about what now is going on.

[01:05:33]Should I leave it on my list to keep bothering you?

[01:05:35]What? Can I keep bothering you on his state for disposal?

[01:05:40]Acoustics are I know. I don't want to Are the acoustics in here terrible or is it just Right. I So it's red when you can't hear me and Judge Pattison's going to kill me if I don't get I'm stating of mental health evaluations on him.

[01:06:41]So this is Josh's farewell gift.

[01:06:44]>> [clears throat] >> They both have misdemeanor offers. I met with both of them on Sunday. I did not have offers at that time. I gave them kind of the options, but I have not had an opportunity to speak with them yet this morning since they are in custody.

[01:06:59]My request of the court is to move them to next week's PCCs.

[01:07:04]I know. I just Do what at two?

[01:07:13]I will not be here at But they're my cases, so they'll be easy.

[01:07:47]If the court I have 11:00 and 11:30 with Judge Pattison. We're We're on trespass right now at the jail.

[01:07:55]There are meals that start at 11:15.

[01:07:57]They generally will not let me in until about 12:30.

[01:08:02]I believe that these I do have to be back in Kalamazoo, but I will go to the jail to make sure everyone knows what's going on. If these get moved to Do you want me to just report back here?

[01:08:50]I'm going to sneak over there to get my 11:00 and 11:30 done.

[01:08:53]Thank you, your honor.

[01:09:06]>> [snorts] >> All right, stop the live stream and stop the record and maybe back.