This courtroom scene demonstrates that impaired driving due to substance abuse carries severe legal consequences, including community control sentences with mandatory rehabilitation programs, and that personal responsibility and accountability are essential for rehabilitation and avoiding further legal trouble.
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Judge Shuts Down DUI Driver’s Excuses After Cocaine-Fueled CrashAdded:
for community control for Mr. Milbeschewsky and I think there are a lot of reasons why that is the appropriate sentence in this case.
This was something that obviously could have resulted in terrible tragedy. Thankfully for all involved, it did not.
And I think that it is clear from reading what he had to say in the pre-sentence report that he does understand the gravity of what could have happened here. And I think that he was very forthcoming takes complete ownership for his responsibility and I think he understands the the seriousness of what happened here.
Now, Mr. Milbeschewsky is 21 years old.
Still obviously based on his behavior rather immature in his thinking.
And I think there is an opportunity to >> [snorts] >> change his behavior.
And I don't believe that sending him to prison is the most effective way to ensure that this behavior does not continue in the future. I think he is young enough and I think he is certainly based on his statements open >> [snorts] >> to whatever sanctions the court would impose on community control be it residential treatment, NeoCap.
He does not want this to be the way the rest of his life goes and I think he made that clear.
And he is asking for help, Your Honor, and >> [clears throat] >> looking at his criminal history, there's nothing serious. These are his first felonies, just dumb stuff. Criminal trespass, disorderly conduct.
Uh the kind of thing that I think indicates that um he is not by any means uh irredeemable. So, we would ask the court consider community control sanctions with whatever conditions court would impose or I don't Oh, excuse me. There are a couple of members of his family that would like to speak.
Well, what do you want to do? Tell me how you want to him or them or If they could just >> tell me your name and tell me whatever it is you want me to know.
I'm Steve Nosal ski, Joseph's father. I'm here with his grandmother.
Um we'd like to start by saying we we realize how horrific this mistake was and we realize how much worse it could have been and I'm confident in the fact that he's We realize this also, but I'd like to to focus on letting the court know that there's more to Joey than the mistake and mistakes that he's [snorts] made in his life.
I mean, he he was this kid was on a fast track to success at very young age. I had prearranged from the day he turned 18, I got him in into the union electricians IBEW local 673.
I personally drove him for 2 years. I brought him into the company I worked for. I taught him what it was like to get up at 5:00 in the morning to drive drive an hour to work. For 2 years he he worked side by side next to me learning the trade through my eyes.
I got him his first checking account which got his paycheck got direct deposited into that. I cosigned for his first credit card, cosigned for his first loan which he bought his first car, took him to my insurance agent, got him his first insurance policy on his vehicle. He paid though he paid his car off. He he he responsibly paid his credit card, paid his phone bill, and his his car insurance for 2 years next to me with with my help learning to be a productive, responsible adult.
Um after 2 years he he wanted to branch off on his own. He on his own he went to the union. He applied for the the apprenticeship.
He took he did the the interview, he took the aptitude test, studied hard, passed the test.
He got accepted into the apprenticeship.
He was going to school. He he he he had a bright future ahead of ahead of him. I just I'm I'm here to help the court understand that he besides his freedom he's lost a lot in this mistake. It was a horrific mistake.
21-year-old year-old kid.
He screwed up. It But since then he's been kicked out of the apprenticeship. That was my plan A for him for his future.
My plan B was the military.
I I I really think the military could have helped him. I still do.
If he's convicted of a felony here today, I don't know if he's convicted yet or not. I don't know where we're at in this, but I don't think the military is going to let him in.
I'm I'm trying to I'm I'm trying to figure out what plan C would be. But I I would just I'm just here to show show that there's more to him than the mistakes he's made. He he had a bright future. He worked hard and he he stumbled and I I'm I'm confident that he can get back up on his feet and restart his life.
That's all I have to say. Thank you.
Um I'm Jerry Johnson. I'm his mom.
Oh.
Ari?
I just don't want you to send him to prison. Um like his dad said, he's a good kid and he just made a mistake.
That's pretty much what he and his dad said a lot.
All right, thank you.
Yeah, I'm his grandmother and I agree with my son.
Joey's a good kid. He's a good kid and he's a hard worker.
He's a good kid.
All right, thank you.
What do you have to say?
I just wanted to say um I'm sorry to Dylan and Ryan. Those are my good friends. I mean, I never meant to hurt them. They didn't deserve it. And um I've had a lot of time to sit and reflect and learn about my mistakes.
But um I don't want to make any excuses. I'm here today to take responsibility for my actions.
And um like I said, I've learned a lot from this. I want to put it past me become a better person, change my ways.
>> [snorts] >> It's about it, your honor. I don't have any excuses.
So, what kind of drugs you've been doing? Um I was using cocaine and alcohol.
Okay.
And I feel as if it was getting out of hand.
Why were you using cocaine?
Um it was just I was hanging around the wrong people when I turned 21 and I started going to the bars and just it was just for fun and then it got out of hand and When did you start using it?
Um I think I first tried it when I was 20.
Around that time. Why?
Um I was hanging around the wrong people. I just wanted to experiment.
>> Why were you hanging around the wrong people? Um Who were the wrong people?
Trying to be cool and Who were the wrong people? Um couple of buddies I met at the bars and just a lot of people that I know. Who?
Um Um couple of my buddies like my buddy Ryan and but you know, just a bunch of different people.
Okay.
How many How many rousing success stories have you seen in your young life that that that are cocaine users?
None. None.
So, you thought maybe I'll try this because this will really help me in my career choice?
I mean, I never thought it would help me, but I lost a lot with it and now I realize that this is not the way.
>> What What positive impact before you started using cocaine did you see that cocaine would have in your life?
None. Then why did you do it?
I don't know. I'm just experimenting. I I'm not It was I don't understand >> a good feeling. I don't understand experimenting. What is that What does that mean, experiment? I just wanted to try it and you know, I I felt good on it and then I kept using it and and I got my >> it the night this happened? Yes, sir.
And what when when did you use it? Um I was doing it uh with some buddies a couple hours before. With who?
Um Ryan that was involved with me.
And who else? That was it with uh my buddy >> said a couple of buddies.
>> My buddy Chinchar.
I call him Chinchar.
What's his name?
Um I I I just know him from the bars. We call him Chinchar.
>> What bars?
Downtown Willoughby and Frank and Tony's and 1899 stuff.
So, what How did this day start out?
Um well, it was uh 4th of July weekend and um we went out. We It was me, Ryan, and Dylan. We were hanging out. We went to the bars and >> [snorts] >> we ended up staying out all day long and then we drank too much and you know, started doing some cocaine and then it was around 2:30 at night, the bars were closing and we didn't have any more money. I mean, we could have definitely Ubered.
Could have definitely Ubered home. That was probably the best decision.
But, um I mean, we all live pretty close. They were going to a friend's house. I had work the next morning.
So, I wanted to get home, get them home, and get me home, but I thought I'd be cool to drive.
>> you supposed to go to work the next morning? 6:00 in the morning. 6:00 and it's 2:30 now. Mhm. And you're all drunk up and coked up.
You can catch a few hours and and go to work. It's a terrible way to live, your honor. Yeah, you know.
That's kind of the understatement of the year right there.
It's been a terrible year for me.
I just want to make this year a good >> wasn't a mistake what happened.
I had full responsibility. I got >> It was It was action that you took. Mhm.
Did you think >> [clears throat] >> that getting all drunk up and doing coke would that it would be uh okay to to then get in the car?
No, I knew it was wrong.
>> it anyway. I knew it was wrong. It's 100% my fault.
Right. Right.
Mhm. You don't need to tell me that.
That's obvious.
So, it wasn't a mistake. No. It was an action that you knew you you knew what it was like to do cocaine, so you knew what effect it had on you. Right. You knew what effect alcohol had on you.
I completely >> a mistake that you got in the car. It was a It was a an action that you decided to take. Mhm.
Okay. I completely know better and I I'm very disappointed in myself for that.
How come How come you can't behave yourself in the jail?
Um just feel as if I was immature and Okay.
>> Just a bunch of people >> When When does When does the maturity stuff kick in?
Right now.
>> You're sitting in jail since this happened, right? Mhm.
Yes? Yes, sir.
And so 6 weeks later on August 14th, you get locked down.
August 17th you get locked down.
August 31st, you get locked down.
September 18th October 10th October 30th.
What? Why?
Um, just a lot of different people in there. A lot of It's a bad atmosphere, you know, and I >> to act act like one of the people in there?
I mean, I I maybe was trying to fit in with people, but Why Why are you trying to fit in with people over there? It was just the atmosphere, you know, I didn't want to be out of place. Okay, well, so so you didn't want to be out of place when you were 19, 20 years old doing coke and and drinking at the bars. You didn't want to be out of place.
Now you don't want to be out of place here.
When are you ever going to When are you When I just >> When will you ever begin to think for yourself?
Hopefully after today.
Well, I would think hopefully hopefully after July 2nd.
Right. Why did you Why did you run away from the scene when this happened?
I I I I was trying to run from my problems. I I didn't know what to do. I've never experienced anything like that. I I came back and I mean, I thought I realized that it was the wrong thing to do. You know, you know, I I was just traumatized by the accident.
I didn't I just didn't know what to do. I was trying to run from my problems at the moment. And when I started realizing what was going on, I came back. And I knew it would be worse if I ran.
What exactly is your problem as you sit here right now?
Um I can't think for myself and um I need to find myself and become a different person, be who I want to be.
I know I have more potential than this.
That's that's my problem. I I'm trying to impress everybody else and So, how long you been at the electrician thing? Um I started as soon as I got out of high school, like he said. I I was doing it with him for 2 years and I got an apprenticeship for >> What did you learn from working with your dad for 2 years?
He taught me a lot. He taught me What did he teach you?
>> He taught me how to get up every day and and work in society and be a normal person.
And I feel as if I let him down.
So, why didn't you follow his his lead?
I don't know. I just started hanging with the wrong people and started not caring as much about it.
But uh it was a terrible mistake.
Wasn't a mistake.
Right.
>> Wasn't a mistake.
>> a terrible choice.
>> conscious decision.
Mhm.
Problem I have with you is you were taught the right thing.
That didn't really impact you. You still wanted to as you say, hang out with the wrong crowd.
Do you ever think that maybe the crowd you're hanging around with thinks you're the wrong crowd?
Did that ever dawn on you?
It's a possibility, yes.
Okay, you're all doing stupid [ __ ] And and here you are.
And those guys that got hurt, one guy's still not back to work.
Another one had to have major work done to his hip because of because of you.
And those are two of my lifelong friends. I never meant for that to happen to them.
Well, I would hope you wouldn't mean that to happen to them.
It's all my fault. Yes, it is.
I just want to do better. Well, then if you want to do better, why haven't you done better when you've been in jail?
That tells me you don't want to do better. You you kind of like this [ __ ] don't you? No, not at all.
>> Seems like it.
>> [snorts] >> Every day I want to go home to my family.
What's with flashing the girlfriend at the jail during visitation?
Just stupid stuff. I I know that.
I know I know that.
>> [snorts] >> I know it was stupid stuff. Question is why you did it.
Do you think this is all a game?
No. You've been sitting in jail for 150 days and somehow you think this is a big game?
I know it's not a game, but But what?
I don't know.
You don't know.
I know it's not a game and You don't You don't seem >> that I have to do better.
>> You don't seem to have many answers as you sit here.
So, you're 21. How are you going to make it to 22?
I'm going to do better this year.
Where were you getting the cocaine from?
Um just people around the bars. Okay.
Who were you getting the cocaine from?
Um couple buddies. Okay. Let me try this again.
Who were you getting the cocaine from?
My friend Tay. Tay?
Does Tay have a last name or does he just go by one name? I know him from Instagram and Snapchat and at the bars.
I only know his first name. You only know his first name. Nobody ever knows names of anybody around here.
It's amazing.
I'm truly honest though about that. I mean I I met him through different friends.
>> him through Instagram. Met him through different friends, but that's his name.
Okay.
What friends did you meet him through?
Um my girlfriend and What's her name?
Jillian.
Jillian Jillian have a last name?
Akasiewicz.
Okay. Who else did you meet him through?
I met I met him through her.
Okay.
So, did you get cocaine from Tay?
But it's >> July 2nd?
Um No, I got it from my lady Ryan that night. Okay.
Where'd he get it from? I'm not sure.
It's like I said, everybody at everybody around there is all doing it and I just just hopped in with it Yeah, so everybody was doing it, so I did it.
>> [clears throat] >> How'd you know what was in the cocaine?
I didn't. You didn't, but you did it anyway.
So, nothing seems to have changed since July 2nd.
So, you tell me, what am I supposed to do with you?
What's the appropriate sentence for you?
I just want to get the help so I don't do these type of drugs and make these type of decisions and What help?
Some type of treatment >> What kind of treatment?
I don't know. I heard Lake Alcohol and I heard Concord Pines are very good and Where'd you hear that from? Um I had a buddy Hunter that just came from there.
Word around that that's a very good facility to go through. What what research have you done on drug and alcohol rehabilitation programs?
>> I have gone to a lot of AA and NA meetings in the jail that we everyone that I that was available I could have went to.
Um I they give us I read the NA the pamphlet that they gave us. There was a little book and What did that teach you? Taught me to understand that I was an addict and understand that you know, that accept accept my addiction.
And to um You got to accept it first before you can work on it and you know, I used to go to NA meetings with my father. Thought that was the best for me.
So.
I believe that my problem and these choices were influenced by alcohol and drugs and I have good intentions when I'm sober and I'm a hard worker like they said.
I just have a slight problem that started to get out of hand and I need to fix it.
>> problem.
It's not a slight problem.
Why do you think it's a slight problem?
It's not a slight problem.
If it were a slight problem, you wouldn't be sitting here for the last 150 days.
It's a huge problem that you don't seem to realize.
Which doesn't surprise me based on your activity in the jail since you've been there.
You're not the least bit mature.
A slight problem. Did you really say that?
It's a major problem. Major problem.
I don't know that you realize that.
I realize that I'm here right now and that this is no place that I want to be and that's what led me here. Okay.
You see, you need to you need to do something about it.
For sure.
>> If you don't want to be here.
And you're not You haven't done anything about it.
Cuz you got your 150 days out of Willoughby.
And you're jerking around over here.
Since then.
I mean, that's the life you want to live, then go ahead and do it. Nobody's going to get in your way.
This is no life that I want to live rather.
So now what are you going to do for work?
Um trying to get back into the union.
Why would they want you?
Didn't they just toss you out from the program?
That was for coming here.
I mean I they had no choice.
>> What makes you in their eyes What makes you a dependable employee?
See, they need guys who are going to show up every day for as long as they need to be there to do the work.
They don't need guys who like to piss around and go do coke and drink themselves silly until 2:30 in the morning and then show up half in the bag the next day.
Why would they want you?
I wouldn't. Right.
Why would they?
Probably don't.
But I know that I will find something. I will find a job.
And I will I will do better.
And I can assure you that cuz this This is no life that I want to live like I said.
If this isn't a life you want to live, then you should act you should stop acting like it's a life you want to live.
Cuz that's what you've been doing over there.
100%.
What else you want to say?
You know I I don't want to make any excuses. That's really all I have to say. You know, I just I'm glad this is coming to an end so I can focus on my life now and my mind to stop worrying about this and I mean this is I've learned a huge life lesson from this. You know, I don't I I never put my life or anybody else's life in danger. I have no right to do that. I have no no right to put anybody else's life in danger.
And you know, I I want to move forward from this.
See, Matt, the the the problem I have with with everything you say is that you say you've learned a huge lesson from this, but you continue to screw around over here, which tells me that you haven't learned anything from this other than you don't like to sit on your ass for 150 days in the jail.
Other than that, I don't think you've learned anything.
I can assure you that I won't me going out to do a stupid [ __ ] like that again.
Excuse me, excuse my language, but I'm a man of my word and I promise that if I were to have another chance to I wouldn't do anything like that.
>> Well, what you fail to understand is you will have another chance. It doesn't matter what I do.
What I do is inconsequential to how you decide to live your life.
Now, you don't want me to send you to prison.
Neither do your parents or your grandmother.
Okay.
Whether I send you to prison or not, in in the end, doesn't determine how you live your life.
You determine how you want to live your life. Okay.
Mhm.
So, I have nothing to do with this.
It's up to me.
It's kind of the general real rule of human existence.
It's up to you.
Mhm.
It's contour.
Thank you, honor. As you're aware, the state is recommending prison. Miss Shepherd and I met for quite some time last week on this case, and one of the considerations we had is the defendant's age and how young he is. But what we could not look past in making the decision on a recommendation were the facts of the case, your honor. And the defendant was on probation through Willoughby Municipal Court for underage drinking. The facts show that he was at the bars for a long time and the officer the Willoughby Police Department was actually called to a fight in the street in which the defendant was part of. No one got arrested at that time. I did become aware of that when they got a call several hours later that he had crashed his car which is exactly how they knew who he was.
He had cocaine marijuana and alcohol in his system based on the blood testing. He got in the car. He drove through downtown Willoughby. He stopped at one of the homes of one of the victims. Ryan Hostchild picked him up. He had Dylan Adams in the back of his vehicle. Lost control. He hit the light pole. It came down on top of the car and both Dylan and Ryan and the 911 caller who was not connected to this at all stated to me that he screamed to everybody everybody run.
And that was >> Except the other two couldn't >> Correct. And what they told me when I met with them >> ran.
Is that the front seat passenger thought I can't run because I can't move. And Dylan who was in the back had to be pulled out through the window. He could not move at all until the fire department got there. He had to be transported sitting directly straight up because his hip was out of place. He was put under that night had it put back in.
And what bothers me the most about all of that is that he got out. He left his friends. He tore off his license plate thinking that he was going to get out of it and he left the scene and wasn't found until 25 minutes later. And when the officers began to administer field testing at that time all he had to say repeatedly was I'm just a kid. You can't arrest me. Someone call my dad.
And so based on all of those facts >> that? No, I didn't say that. You didn't say that.
>> I said call my father. You So the cops lying?
I Cops lying to get you?
I mean maybe I did, but I I don't remember.
>> you know?
You've You've been doing coke and drinking for hours and hours and hours, and you're going to tell me you recollect exactly what you said?
Okay? Mhm. Yeah. Go ahead. Your Honor, the chance that you take when you get in the vehicle and drive under the influence of any of those things is that someone died, and that's the only thing that's missing from this case. Instead, they were just seriously injured, and that could have happened. And the state can't look past all of those facts, and even at the end of the meeting I had, um the pre-sentence report was not yet completed, and after I reviewed it, I then learned that there has been eight jail incidents since the time he has been in, which further confirmed that we felt that that was the right recommendation, Your Honor. Thank you.
Besides cocaine, what other drugs do you use?
Um I smoked weed, and um I've done ecstasy in the past.
But that was That was not a normal That's not a normal thing.
Huh.
It's not a normal thing to do that [ __ ] in the first place.
All right, I reviewed the pre-sentence report, the psychological evaluation, the letters I received in support [clears throat] of you, and listened to your mother, your father, your grandmother, listened to you, listened to counsel.
Considered all the provisions in 292911, 12, and 13.
I'm going to place you on community control for 5 years.
You're going to serve 121 days in the jail with credit for one.
The last 30, you'll be in the jail treatment program, complete it, follow all recommendations.
Then after that, you're going to go to Neo Camp, you're going to complete that program and follow all recommendations.
After you complete that, you're going to go to either Lake House or Concord Pines.
Into that program, follow all the recommendations.
After you complete that, you're going to go to sober living facility for a minimum of 6 months.
You're going to get a mental health evaluation and follow all recommendations.
You're to have no illicit drugs or alcohol, and you'll be screened. You're to go to at least four AA meetings a week and get a sponsor.
You're to utilize only one doctor, and one dentist, and one pharmacy for any prescription medication. Take your medication as prescribed.
Sign releases for probation. Obtain and maintain full employment. Have no contact with the victims and pay the cost and supervision fees. Anything else, Ms. Randelson?
No, your honor.
Do you understand all the terms?
Yes, sir.
Any question about the terms?
So, I got 120 days and Neo Cap and Lighthouse and sober living Is that Right.
Okay. What does that mean?
I take full responsibility.
Okay. Well, we're going to find out, I guess.
Why does it seem like a lot that you have to do?
Yeah, but I guess I deserve it.
Well, it's not whether you deserve it or not.
You deserve much worse.
Okay. It's not whether you deserve it or not.
It's whether you're going to live like you're supposed to live as a responsible adult or you're going to continue to screw around like an irresponsible 14-year-old.
Now, once again, you do whatever you want.
It's up to you.
And now, if you go through these programs and take it seriously, which I'm not sure that you will, then you're going to come through this fine.
If you don't take it seriously, then you'll probably get booted out of one or more of them, and you'll be back here again.
All All you have to do, really, it's pretty It's a pretty simple prospect here.
You're either going to do what you're supposed to do as a normal adult, and and if you do that, then this stuff will be a breeze.
You don't do it, then you'll then you'll be exactly where you were on July 2nd and for the few years before that.
You decide what you want to do.
Now, if you don't comply with these terms, then the state will file a motion to terminate your community control, and if I find you violated, then there's a a lot of time in prison.
How many months? 72 years.
>> 72, 6 years in prison.
So, you're going to be over here for 120 more days.
I don't know what the over under is for the number of jail infractions is, but you probably ought to stay under that, like at zero, or else that'll tell me everything I need to know.
Anything else?
>> Nothing further. Mr. Matt?
No, your honor. Thank you.
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