Judge West Warns Habitual Felon: One Mistake Could Mean 25 to 99 Years Behind Bars

[00:00:00]Let's get it right. I thought I thought He has a conviction >> There's two. There's an assault of third degree from September 11th of 2019.

[00:00:11]And the indictment and then a prior one attempted robbery third degree March 28th, 2013.

[00:00:19]>> Yeah, I was looking at the unlawful possession of a firearm indictment. I don't know that both of those are prior or we're including that. It doesn't Oh, it's not. It's not, Judge.

[00:00:32]It just says one of them in that case. I looked at the I looked at >> But if there are two, I mean you would file that notice. So, it would be considered habitual. Correct. Okay.

[00:00:40]>> If eventually I will.

[00:00:42]>> Okay.

[00:00:43]Um All right, sir. You can trick a veal.

[00:00:45]>> Yes, ma'am.

[00:00:46]>> And Mr. O'Neal in cause number 25 DCCR 1776 Sorry.

[00:01:00]It's taking You are charged with evading arrest or detention with previous conviction and that's from August 31st of 2025.

[00:01:12]Uh that shows that you were previously convicted of evading arrest or detention July 22nd of 2011.

[00:01:20]So, that's what makes it a state jail felony. Then the indictment further alleges you were convicted of attempted robbery a third degree felony March 28th of 2013. And after that was final, you were convicted of assault a third degree felony September 11th of 2019.

[00:01:38]And so, what that means in that case is that if you go to trial and you're found guilty uh and those prior convictions are true, the range of punishment would be enhanced to a second degree felony which is between two years and up to 20 years.

[00:01:52]Do you understand?

[00:01:57]And then in cause number 25 DCCR1777, you're charged with an unlawful possession of a firearm by felon. And that is from August 31st of 2025.

[00:02:12]That indictment alleges one prior felony conviction, the one from 2019.

[00:02:19]But the state can file and I anticipate they would file a notice of enhancement because that 2013 was left off of that indictment. And so what that means in that case is if you're found guilty and if those prior convictions are true, you would be considered a habitual offender with a minimum punishment of 25 years in prison up to 99 years or the rest of your life. Do you understand?

[00:02:44]And then finally in cause number 25 DCCR um it's 1778.

[00:02:54]Actually, count one is count eight.

[00:02:59]Yeah.

[00:03:00]You're charged with a third degree felony offense of deadly conduct discharging a firearm from that same date of August 31st of 2025. It does allege those two prior felony convictions.

[00:03:12]Um again, what that means if you're found guilty and if those prior convictions are true, you would be considered a habitual offender in that case also with a minimum punishment of 25 years up to 99 years or life in prison. Do you understand?

[00:03:25]>> Yes, ma'am.

[00:03:25]>> In all of those cases I have here on this tablet, um a plea bargain rejection in each case that you've signed with Mr. Parker, this shows that the district attorney's office has made an offer if you wanted to enter a plea of guilty in your cases. Um to go on probably it looks like counts one and two for a 15-year term instead of that habitual.

[00:03:53]And a So in the in two of the cases a 15-year term. And then in >> 15 in all. Concurrent on all of them, Judge.

[00:04:04]Yeah, because it states jail is a >> Oh, I opened the wrong one. Sorry. Hold on. You don't want me to do that.

[00:04:11]That's a 30.

[00:04:13]>> Oh, that's my next one.

[00:04:15]>> Sorry. Okay, so 15 years in all three cases. That would run concurrently, which means together at the same time.

[00:04:22]Do you understand what the state has offered you?

[00:04:24]>> Yes.

[00:04:25]>> And so you have every right to reject that offer and have all three of your cases set for trial. I just want to make sure you understand what the possible consequences are if you go to trial, what your options are if you wanted to enter a plea of guilty in your cases.

[00:04:38]And do you understand all of that?

[00:04:39]>> Yes.

[00:04:40]>> And do you want to reject those offers and have your cases set for trial?

[00:04:44]All right, we'll get that done. I do want to Is there any reason to believe that these offers would change?

[00:04:48]>> I don't judge.

[00:04:49]>> So Mr. O'Viel, I want to make sure you understand that after today, unless there is new evidence that is discovered by either your attorney or the state's attorney, I will not accept these plea agreements again. Once it's on the trial docket, it either goes to trial, you can plead open to the court, or to some different amount or uh negotiated um punishment. Do you understand?

[00:05:10]Okay, so I will get your cases set for trial. Mr. O'Viel, Mr. Parker has been appointed to represent you. He's one of the attorneys who handles a lot of cases for me here as a court-appointed attorney.

[00:05:20]With your permission, I can release him and I can appoint a new attorney today who could begin preparation for trial a little quicker. Is that okay with you?

[00:05:29]Okay, so Mr. Parker, you're released. Um Mr. O'Viel, we will appoint someone today. They should be out to see you very soon to begin preparation for trial.

[00:05:37]>> I think I'll be fine.

[00:05:39]>> Thank you.

[00:05:40]Good morning. You're John Jay Willis.

[00:05:42]>> Yes.

[00:05:42]>> And so uh we were here before for sentencing. Mr. Willis had pled guilty to burglary of a habitation. There was question about whether or not there was a murder charge pending or coming over in Calcasieu Parish.

[00:05:56]>> Lafayette >> Lafayette, Lafayette, sorry. And so what did you guys find out?

[00:06:00]>> So I spoke with a detective out there.

[00:06:02]He referred me to the prosecutor.

[00:06:04]Prosecutor said that there was a or there is a co-defendant. His case was sent to the grand jury. The grand jury they don't call it no bill out there. I don't know what they call it. They no billed him on the murder but they sent in a suggestion for manslaughter.

[00:06:19]>> On the co-defendant?

[00:06:21]Okay.

[00:06:21]>> So the prosecutor told me that it's possible that Mr. Willis' case may go to the grand jury as a manslaughter but he doesn't know yet. He said they don't know until Mr. Willis gets to Louisiana.

[00:06:34]So there there hasn't been anything filed on him.

[00:06:37]>> Okay.

[00:06:38]>> Judge, I left a message for same district attorney Chris Landry on February 24th after we recessed from our last docket. I called back and spoke with his assistant who was going to give him another message and I made multiple attempts yesterday to reach him and wasn't able to reach anybody at that at that number where I had previously reached them. So I made every attempt I could to let them know I filled in his paralegal about the situation we had and said hey heads up if you guys want a hold or you need a 10-day marker or something it'll be from next Tuesday meaning today. So those are the first time they did and I would suggest that out of fairness to the defendant we we if the court is inclined we go along with the original plea of deferred. If they want to use it later I'm happy to share my files information with them but I don't think we should punish him with a conviction for something just because that may or may not be out there.

[00:07:34]>> All right. I I agree.

[00:07:36]>> And also Judge I'm sorry >> Sure.

[00:07:38]>> just so that the court can recall this is the one where the complainant went back and forth on wanting to prosecute. She did not, she came to court, she got a little jittery, she changed her mind, she she walked back and forth a few times, which was at least put on.

[00:07:54]>> Okay, thank you, Ms. Molina. And thank you, Ms. Holmes, for making those calls as well.

[00:08:00]Okay, so what I'll do, Mr. Willis, today is go ahead and go forward with sentencing just the way this was all set up. If something happens when you get over to Lafayette and you're indicted or convicted, um obviously we'll know where you are. If you As soon as you're released, if they get a hold on you and take you straight from here, then when you are released, the first thing you need to do is contact our probation office.

[00:08:24]Um so, whenever that is, all right? And if for some reason there's a conviction over there or something, and you get some type of prison time, then you can write Ms. Holmes or get in touch with her or the court, and they're supposed to take care of this at the same time, so that you're not doing some time and also probation, okay? But we'll we'll deal with that when and if it happens.

[00:08:47]All right, so then in cause number 25 DCCR 1048, I'm going to um find that you And we've all already gone over the pre-sentence report and everything. So, I'm going to find that you entered your plea of guilty freely and voluntarily, find sufficient evidence to find you guilty. However, I'm going to follow the agreement that you made with the district attorney, and defer all proceedings and place you on probation for 2 years. You're ordered to pay the $300 fine and to follow all of the rules and conditions of probation. If you do that, then this is an excellent opportunity, especially if nothing comes out of whatever happened over in Lafayette, because you do not have a felony conviction on your record. And if you successfully complete this probation, at the end the case is dismissed, you'll never have the felony conviction. The other side of that, however, is if you violate any condition of probation, you can be brought back into court, and you could be found guilty, so you'd would become a convicted felon and you could be sent to prison for anywhere in that range of punishment which is between two years and up to 20 years in prison. Do you understand?

[00:09:46]And I'm assuming there is a no contact.

[00:09:50]>> Colette Richard >> What's the name?

[00:09:52]>> Colette Richard >> Colette Richard and so you're not to have any contact or communication with Colette Richard and I understand that she's going back and forth and you'll go back and forth but unless you have my permission which could happen if you get out on your own probation and you're doing well and she probably takes an options class or something like that. If you're all right planning some type of relationship you're not so we don't have to talk about that. Then don't contact or communicate her. If she tries to contact or communicate with you don't reply, okay?

[00:10:22]Cuz she won't go to prison you will, right? All right, so I'm handing you the trial court certification that shows this was an agreement that I followed and so you've waived your right to appeal, right? Good luck to you sir.

[00:10:32]>> Thank you.