In criminal court proceedings, judges determine bond amounts based on factors including the severity of charges, the defendant's criminal history, flight risk, and danger to the public. The court may set various conditions for release, such as mental health program participation, mandatory restraining orders prohibiting contact with victims or witnesses, and restrictions on alcohol, drugs, and firearms. Defendants must comply with these conditions to avoid bond revocation, and the court may allow incidental contact exceptions for employment purposes.
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What Was Happening Behind The Bean Slot?Added:
Are you Brandy Sosa? Oh, I don't think the deputies Brandy Sosa.
>> Hi there. Are you Miss Sosa?
>> Can you hear me?
>> Yes, ma'am.
>> All right. I've appointed Mr. Idings to represent you today. Did you have a chance to speak with him?
>> Yes.
>> Mr. Idings, did you have time to speak with and advise your client?
>> Yes, your honor.
>> All right.
Miss before me a class 4 felony allegation of assault on an officer with a misdemeanor.
>> I bet Mr. Eddings is fine at parties.
>> Account of indecent exposure. Do I have I believe Yeah, that's right. Okay. So, we're probably not going to have any V on this. U Miss Nma, >> we would be asking for a $4,000 cash bond in this case. um given the concerning facts as well as the large history of failing to appear. Um we would also ask for MIPS to be authorized and we would recommendations.
>> Thank you, Miss Newsmith. Miss Sosa, I couldn't hear you because you were interrupting. Did you have a question?
>> No, I said hi Ashley.
>> Okay, Mr. Idings.
>> Your honor, we'd ask the court to consider a PR bonder in the alternative $100 cash only. She's been in the area for 22 years and uh her parents and siblings are all in the area. Um and she has a number of members of her extended family in the area as well.
>> Thank you. Um it does look like this defendant is already on hold with parole. So setting a bond here may be irrelevant if they don't release that hold. However, I do think it's appropriate to still go ahead and set it based on the severity or the allegations here and the severity of the criminal history. The court is going to find that a secured bond is necessary. I certainly understand the people's request here basically pulled anything out. Um so you can talk with your attorney about that.
>> Yeah. Yeah. Yeah.
and I've never exposed myself and >> but based on this particular defendant's um individual circumstances, I find that that is an unobtainable amount.
Therefore, I will instead set bond in the amount of $250 cash only. Miss Sosa, if that bond is posted, you'll be required to comply with the following conditions. I will authorize participation in our mental health support programs if they can be of use to you. I hope you will use them. You must comply with the mandatory restraining order. It indicates you shall not harass, molest, intimidate, threaten, or retaliate against any victim or witness involved here.
>> Harass, molest, or intimidate a cop?
>> I'm sorry, ma'am. I couldn't understand that. One more time.
>> Oh, sorry, Miss Alien. Um, I said, "So, I can't molest a cop?"
>> You cannot molest a cop. That is correct.
>> I think we found one for Andrew.
>> My [ __ ] background. That's okay with you.
I'm not sure what you said, but let me finish going through these conditions and if you still >> if you still have a question, we'll go over it. Okay.
>> No, I swear the [ __ ] don't.
>> All right. Don't use that language in my courtroom, ma'am.
>> You are going to be restricted from having contact. Um, let's see. Where did those names go? With Ambbran Moore and Markeith Hill.
>> The judge actually laughed.
She held it pretty good, but but there was a little laugh. It got out.
>> Do we need any incidental contact exceptions for those individuals?
>> Um I just in case I would ask for that. Yes.
>> All right. I will note incidental contact while in place of their employment will be permitted. Otherwise, you are to have no contact with those individuals whatsoever and remain 50 yards from them at all times. I will require you to check in with parole and probation within 24 hours of your release. Do you have any questions about the conditions I set for you now, Miss Sosa?
>> Yes. I said, how if I'm in jail in jail and I'm still in jail, how am I supposed to release?
>> All right. I'm not hearing most of what you said, but I think what you're asking is how you comply with those conditions.
If you're not released, you are not required to comply with the bond conditions if you're not on bond.
>> Okay.
>> What I said was if I'm still in jail, those cops are not going to be allowed to come to jail because I'm still in jail. And that's where this happened was in jail.
>> That's why I allowed for incidental contact, meaning that you can have contact that's not intentional or on purpose while they are in their place of employment, meaning the jail. If you pass by them or they walk by your cell or you have to, you know, pass by them to get your meal, then that's not going to be a violation. Okay? You just can't direct any comments or language at them.
>> Oh, wow.
>> That's going.
>> All right. Your next court date is going to be June 8th at 8:30 a.m. in division 3A. Thank you, Miss Osa.
>> Your honor, we have Mr. McGuire on >> Good Lord. I think MGTO has gotten to the ladies.
>> One things are getting out of hand.
A They miss us. It's cute.
All right.
>> All right. Uh, sir, you are Russell Sanford Brisb.
>> Yes, ma'am.
>> All right. Thank you.
>> All right. This one's Alyssa's fault.
The rest of this whole stream is Zach's fault at Lawers Unite. This this is good stuff.
>> I know we we met yesterday, so on a different matter, but we're going to go over this one here today. Your full name, just to be clear, is Russell Tom Sanford Brisb. Is that right?
>> Russell Thomas Sanford Brisbour. Yeah, >> Thomas. Okay, thank you. All right. And uh Mr. Silverthorn, if you would enter your appearance.
>> Yes. Good afternoon. Dwayne Silverorn from the Office of Public Defender on behalf of Russell Sanford Bisboy. My appearance today is limited to this arraignment. He has requested appointment with public defender.
All right. Thank you.
This is file 26-01457 FY. Sir, this is a complaint in the people of the state of Michigan versus Russell Thomas Sanford Brisb. It is alleged, sir, that hon or about May 31st, 2026 at the location of 6026 South Cedar Street, City of Lancing, Ingam County, Michigan. Sir, count one alleges that you did assault, batter wound, resist, obstruct, oppose, or end in danger. Garrett Newton, a police officer of Lancing Police Department that the defendant knew or had reason to know was performing his or her duties.
that is contrary to law. It is a felony.
Maximum penalty 2 years and or $2,000.
A consecutive sentence may be imposed under Michigan law if the assault was committed in a place of confinement or for another violation arising from the same transaction. There is also a count two alleging same date and location that you did make an assault or an assault and battery upon the following person.
An unknown female that is contrary to law. It is a misdemeanor. Maximum penalty 93 days andor $500. A consecutive sentence may be imposed. Let me finish.
>> No, let me finish.
A consecutive sentence may be impo imposed under Michigan law if the assault was committed in a place of confinement. One more thing here. You do have an habitual second offense. Let me finish. Sir, >> notice of intent to seek an enhanced sentence as a second habitual because you have a prior felony convict conviction in December of 2024.
this becomes a uh this could be a a reason for the prosecutor to raise that charge or the penalty on this charge because you have a prior felony conviction.
>> So, I'm I'm I'm very confused because I I see one charge here and you're telling me I got like three or four.
>> You have two charges. And let me tell you, when they put that on your copy, they don't have room to put all of the all of the charges. So they there's only one on there. This this document, which is the charging document, >> all of the charges >> depending on, >> sir, that's the purpose of an arraignment is to advise you of the charges and the maximum penalties and set a bond.
>> Okay. Okay.
>> What can I get for a bond? That's reasonable because I don't have a job.
>> That's what we're going to talk about here in a minute. So, first of all, do you understand those two charges and the maximum penalty?
>> I have no idea what you're talking about. I don't assault anybody. I got a gun pointed at me by an officer and I [ __ ] suck my hand out like this. I would not move. I would not move because I was scared for my life. I was scared for my life. I thought the man was going to shoot me.
>> Sir. Sir, I've told you the charges. Let me tell you that again. The first charge is for assault, resist, obstruct a police officer.
>> And before you say anything, before you say anything, you are presumed innocent.
I'm here to tell you what the charge is and the maximum penalty. The attorney, >> let me finish, okay? Because we're just going to have to end this if you don't if you don't uh participate. So, the attorney is the person who's going to help you in the arraignment, get your bond today. There'll be another attorney that's going to be assigned to your case. Maybe it's Mr. Silverthornne, maybe it's not, but they will help you uh uh help you with the charges and have a trial if necessary. But right now, these are just allegations. These are charges and you are presumed innocent.
But if you want me to tell you what they are again, I will. Otherwise, we'll move forward.
>> Oh, I got to get out of the cell. I've been here for three days.
>> Okay. So, the last charge is an assault or an assault battery upon an unknown female. That's all the information I can tell you. We're going to get information from sir.
>> You can hear more more about them when they get a police report.
>> Mr. Sanford Brisby, do you bris boy? You understand the charges and the maximum penalties? Is that correct?
>> Right now I don't feel good at all.
Please move on.
>> Okay.
>> I can get out of the cell so they will let me out of Mr. Were you able to discuss the charges with him this morning?
>> Not a lot.
I I mean, I talked to him, but I don't know much about his juvenile or is it his criminal record or >> not his jail cell or now >> because he wasn't responsive.
>> Okay. All right. So, I'm going to advise you of your rights, Mr. Sanford Bridge, because these are important. You have the following rights. You have the right to plead guilty, not guilty, or stand mute. You have the right to a trial by a judge or a jury. And at that trial, you can present or confront witnesses. If they would not appear, the court can order them to do so. You also have the right to a lawyer. If you cannot afford one, one can be appointed for you at court expense. Additionally, you are presumed innocent. If you are found guilty, it has to be beyond a reasonable doubt. Also, you have the right to remain silent. Anything you say or write can be used against you, and you always have the right to have a lawyer present with you at any time that you are questioned. Do you understand those rights, Mr. Brisb?
>> Yeah.
>> Okay. All right. Now, um I understand that you're applying for an attorney.
So, we have two hearings set. Your first hearing is a probable cause conference.
That is indeed a conference with you, your attorney, and the prosecutor to determine what uh what issues there are and maybe if they can be resolved before the exam.
>> That is that is a conference that is Friday, June 12th. that is at 9:30 a.m.
with Judge Ward. She is allowing you to appear by Zoom for that first conference. If you don't have access to Zoom, then you have to appear in person.
That's courtroom one on the sixth floor.
Now, the second hearing is a preliminary exam. What that is is a mini trial or hearing to determine two things, sir.
One, whether by probable cause uh was a crime committed. Number two, whether by probable cause you were you the person who had committed the crime that you have to appear in person and that is Thursday, June that's Thursday, June 18th at 9:30 a.m. also with Judge Ward on courtroom one on the sixth floor. So, uh do you have the notice and the Zoom instructions, sir? and on right here.
>> Okay, good. You want to hang on to that?
Most definitely. All right.
>> Response regarding his his prior criminal record or whether he had failure to appear. I assume he's probably got failure to appear, but I don't know if his criminal record involves any violent offense. Said he's lived here his entire life. Uh and he still has some family remaining uh remaining here. Uh, I did not know, but just found out that he he uh h has another pending case. Um, I'm just going to leave it to the court's discretion.
>> Okay. Thank you. So, the court does look at two factors, Mr. Stan, Stanford, Brisb looks at your criminal history, looks at your ties to the community, your employment status, things like that.
Looks at the allegations recognizing certainly these are allegations and you have the presumption of innocence. I wouldn't suggest anything otherwise. I do look at your criminal history. You do have some assaultive uh convictions from uh quite some time ago in 2012. You had a misdemeanor domestic violence in 2015.
You have a misdemeanor aggravated pursuit >> and and another misdemeanor aggravated assault. Also in 2015, >> another conviction in 2020 for a misdemeanor domestic violence, a second offense, and in 2019 uh another misdemeanor aggravated assault. In 2023, we have a breaking and entering misdemeanor. And then in 2024, we have another assault, a felony assault with a dangerous weapon. And you have a case pend pending in the circuit court on felony weapons and another felony assault. Those certainly are allegations, not anything that the court.
>> With that being said, sir, the court is not going to grant you a PR bond. I don't find that you are um I do find that you're a flight risk as well as a danger to the public. So I am going to set >> with what money?
>> With what money?
>> I am going to set your bond at a 3,000 cash shity and that is to protect the public and your appearance. So the conditions of your release sir are as follows. First of all, do not miss any court dates. Let me finish. Do not miss court dates and do not violate any state or local laws while you're on bond. You are not to possess, purchase, or consume any alcohol or controlled substances without a prescription, and that includes any marijuana. Also, you're not to possess, or purchase any firearms, ammunition, or dangerous weapons. You're not to leave the state of Michigan without permission for no assaultive behavior towards anyone. Uh, do you understand those conditions, sir?
>> Sir, thank you. Thank you so much for ruining my life.
>> Mr. Silverthorn, did you have anything else for the record?
>> Nothing further, Mag.
>> Yeah, it's all Magistrate Milmore's fault. Clearly, I think we can all agree on that much and nothing to do with any of his conduct. It's It's just It's just that the magistrate's mean.
>> Mhm.
>> Thank you.
>> Okay. So, your attorney will help you out, Mr. Sir. You're all >> I have uh three other attorney cases. I see attorney John Smith here. U Mr. Smith, I will call SCS credit against um defendant uh Exer Monet Wilson, who I see a note might be late, but you're here. That's good. Right. Case 1803, SC1124.
Attorney Smith appears in person for SCEs. Miss Nson appears for herself.
This was a request for a garnishment reduction. I'm not sure, Mr. Smith, if you had the opportunity to review that and have any conversations with the defendant.
>> Well, we were not able to do so, your honor.
>> Okay. Is there any objection or to the reduction or would you prefer the court conduct an examination before uh opining on that?
>> Uh I would just like to know what her net income is per pay period.
>> Okay. Give me a second to pull this up on my screen.
All right. So, the first thing I will note is this case has an 1803 cause number. That tells me it was filed in March of uh 2018, which is um a little over eight years ago. Second thing, looks like a judgment was entered by agreement back in May of 2018 and defendant had agreed to pay uh $50 a month on a $6,000 judgment beginning June 30th of 2018.
It then appears that over the years there have been many many many motions for uh proceeding supplemental or garnishment orders and I'm not sure if any of them resulted in any money coming in the door. Mr. Smith, what's the balance of this judgment?
>> Uh including uh post judgment interest, your honor, it's $9,462.82.
>> Okay. Do you have a ballpark of how much in payments have been made over the last eight years?
It looks like about500 or $600, maybe $700.
>> All right, so five, six, $700 credit, but then interest. So, it brought the balance up.
>> Um, I ask all these questions because typically with a very old judgment that hasn't been paid and that's accumulated judgment, um, I don't like to reduce it because the plaintiff's already waited eight years. But I will I will hear some >> Can I say something about that?
>> You can in a second. You can before I ask you for um some testimony, I want to point out that I saw your motion come in on May 14th. I issued an order on May 14th and it uh indicated that the cause was set for 3 p.m. today. Defendant was ordered to appear in person and bring with her to the hearing um last four paycheck stubs and also to submit a verified budget of income and expenses on a monthly basis.
Do you have those items with you, ma'am?
know because when I came in in person, she did my she helped me out, but she did everything wrong. She didn't update the address. I didn't even know I had court today. If I would went on my case to see of a update, I would have known.
I would have missed court and then it just would have got defaulted or whatever. So, I was unaware of court today. So, no, I have nothing.
>> Okay.
>> I You filed a motion, right?
>> Correct. And I was told of no updates. I was told to uh look out for emails, never came. That's what made me go some more today and look up on my case. And that's how I knew I had court today. I called and they said, "Yes, I have to be here." That's why I'm here with nothing because I just left work.
>> Okay. Give me a second to re review your motion to lower garnishment.
All right, I'll read some of this out loud so Mr. Smith will have the benefit of it. Uh, it says among other things, the planiff is currently trying to attempt and take 25% of my check every week. And at the moment, I'm not in good position to afford that much due to cost of living. My rent is $1,400 a month. I am also responsible to pay for all utilities. I have a car note that I'm behind on right now, and I'm trying to keep up with those payments as well, uh, so that I can keep my current vehicle since this is my only transportation to work and to take my children back and forth to school. I'm willing to pay 10% uh out of each check. I believe that would be affordable for me. I'm willing to >> attempting nothing. He's got a garnishment. He's succeeding >> to take care of the debt I owe. I just cannot afford 25% cash each check.
>> Okay. So, Miss Wilson, I'd like to place you under oath and ask you some questions. So, please raise your right hand.
>> Do you swear or affirm under pains and penalties perjury that the testimony you're about to give will be the truth, the whole truth, and nothing but the truth? The help you got?
>> Yes.
>> Okay. What is your full legal name?
angles.
>> And do you still live at the Sunset Avenue address?
>> Which is weird. That's where I live. But none of that came to me. That's my current address. But I was told that the the notice for me to appear got sent to 3437 address that I have been living there almost five, six years. So >> Okay. So my court reporter just changed that. Apparently it did not get changed.
Yeah. Sorry about that. Um is the correct address 25750 Sunset Avenue in Elkart?
>> Can you repeat that? 25750 Sunset Avenue.
>> Yes.
>> Okay. And then ma'am, are you currently employed?
>> Correct.
>> Where are you work?
>> Green Leaf Health Camp in Oak, Indiana.
>> Okay. And for how long have you worked there?
>> It'll be four years in December.
>> Okay. And do you get paid by the hour?
>> Yes.
>> What's your hourly rate of pay?
>> Uh right now I got 26.72 I think.
>> Okay. And about how many hours a week do you work?
>> It varies. It go from 35 to 40.
>> Okay. Even if it's upper 30s, it's probably going to put a gross of close to a thousand. Are you bringing home 700 a week?
>> Some it varies. Sometimes it's more than that. You mean before taxes, right?
>> After tax or after it be sometimes eight, almost seven. It depends.
>> Okay. Um for easy math, I'm going to reference eight. As you probably know, if the garnishment has kicked in, um, creditors are allowed to intercept up to 25% of someone's net disposable income.
25% of 800 net in a week is $200 per week. That's 800 almost $900 per month, which I recognize is a significant sum.
So, um, typically in new cases, I am more likely to reduce something down.
However, in older cases where a plaintiff's already waited for a while to get paid, I'm not always as inclined.
But I will ask some more questions to see if I get some perspective here. Um, you mentioned in your motion that you have a $1,400 a month um u rent. And then you said I'm responsible to pay all utilities. What do you normally pay in utilities in a month?
>> Oh, al together. I can't I would be sitting here a while trying to add that up. Both. Okay.
>> You can take it separately. Hey, electric maybe 300. Uh gas sometimes 150 a month. Uh water is probably my cheapest. Uh probably $30 a month. And I have to trash every three months about $90.
>> Okay. So $90 every three months. $30 a month.
>> Yeah, I guess. Yeah, if you do it that way.
>> Um and then you said you have a car note. What what's the value of that per month?
>> That's $5.75 a month.
>> Okay. And >> and insurance as well. I have to keep up with I mean insurance as well.
>> Okay. Do you know the monthly amount of >> Mhm.
>> Okay. I'm assuming that's a yes.
>> Right now it's $76 a month.
>> Okay. Are you paying on any other judgments against you?
>> Uh no, not that I know of.
>> Okay. Um what was the uh insurance amount that you pay on a monthly basis >> for the auto?
>> For the auto >> about 7678 a month.
>> Okay. Uh, do you have homeowners insurance as well?
>> No.
>> Or renters's insurance?
>> No.
>> Okay. Uh, doing some quick math, >> that's about $2,600. And, uh, we haven't eaten or putting gas in the car.
>> Um, how much do you normally spend for food in a given month?
>> Uh, I say about >> two 300 and I get help here and there, so sometimes not that much.
>> Okay. And then um how about gasoline for your car >> a month? Oh, I I got I drive a truck. I say just to fill up probably $50 a week.
>> Okay.
>> All right. So, we're up to about 3,000.
Now, if you're netting 800, four weeks is 3,200. There should be a little bit left over there, but Mr. Smith, do you have any other questions that you would like to ask of Miss Wilson before the court makes a decision?
>> I just want to make sure we've got her employer correct. Are you working at Trilogy Management?
>> Green Leaf Health Campus.
>> That's same thing. Okay. I don't have any other questions, your honor.
>> I have I'm sorry.
>> Yes. Okay.
>> Because I like how the fact they got an update of my employer but not my address and I was not aware of a lot of things.
So, a lot of that stuff that it's been so many years because a lot of stuff they haven't been contacting me properly. So, a lot of that has been because miscommunication.
>> So, let me start with this. It looks like you signed an agreed judgment in May of 2018.
>> You you signed that, correct?
>> But I wasn't working. Yep.
>> Okay. But you agree that the judgment was owed.
>> What do you mean that I >> on the judgment payment and notification order that you signed on May 11th of 2018?
>> So long ago, but you would let me finish my sentence, please.
>> Yeah.
>> English. Do you speak it? You signed an agreed order. Did you agree to it, or are you just a big liar?
I think it's both.
>> Did you not agree that you owed $6,000 >> at that time? That's what I'm trying to remember, sir. That was so long ago. But I guess yes, if they had my signature on paper, I probably did sign that in 2018.
>> And did you also agree back in 2018 that you would pay not less than $50 a month starting June 30th of 2018?
>> Okay. Once you have knowledge of this judgment, ma'am, you can't put the blame on plaintiff for not bringing you back to court regularly. It's actually your obligation to come forward and pay on that judgment so that you work off the judgment without waiting eight years.
Now, I'm not opposed to reducing your judgment if it's going to allow you to put food on the table for your family.
But I just want you to understand because I'm sensing a little bit of entitlement here. Like I did nothing wrong and it's all them. And okay, >> I want you to understand that um some of this is >> I'm sensing a little bit of entitlement.
I mean, I give him credit for saying it, but Oh, yeah. the the entitlement's off the charts >> on you. Okay.
>> I'm taking no blame. You did you read the letter? I want to take all the blame.
>> I said that.
>> I I I read your book and I read it all out loud in court. I didn't see anything about >> You know what we want more than uh you taking the blame?
>> The freaking money that you owe.
>> That's what they want.
We're not interested in your personal development.
acknowledging my respons.
>> I didn't say I'm willing. I take full responsibility and I'm willing to pay. I didn't say that in that note. Yeah. Go read that.
>> I did read exactly I am willing to pay 10% out of each check. I did not see I acknowledge my responsibility and I recognize it's been eight years since I know those words. No, but can you read the end of that because I did put I acknowledge and I'm willing to take responsibility of the balance that I owe.
>> Just cannot afford.
>> I didn't put it in those words that you just said. No, I did not. Sorry.
>> Again, I'm not disputing that you put in your motion that you acknowledge you're willing to pay 10% or even that you're willing to take care of the debt I owe.
What I haven't heard is, judge, I fully realize that I have some blame in this because it's been eight years since I agreed to start paying on it and I haven't made more than five, six, $700 worth of payments.
>> You've been asking me questions. You haven't let me talk yet, though. That's >> I didn't see it in any of your filings.
>> Okay.
>> Okay.
>> Oh, no you didn't.
No, no, no. Z snaps around. No, you didn't.
Um, Mr. Smith, any any position on a reduction?
>> We'll leave it up to the court.
>> Okay. I'm going to reduce it, but I'm not going to reduce it to 10. The pliff has waited eight years to get not even 10% of the now $9,000 judgment. I'll go down to 15%. We'll issue a new garnishment order to your employer. Um, and ma'am, you're ordered to let the court know in writing of any change of address or any change of employment or your receipt of any money greater than $300 through something other than employment like a tax refund, a stimulus check, lottery winnings, gift, inheritance, etc., etc., etc. >> Ma'am, are you a [ __ ] >> Um, do you have any questions about that?
>> Yeah. When is this picked?
um immediately. It'll go out probably tomorrow.
>> So, my next check, I just want to make sure.
>> That's up to your employee. I have no idea how quickly your HR team will get moving on my order, but I can tell you my order is going to go out no later than close of business tomorrow.
>> That's fine.
>> Um I will ask I'd like to have a payment notification order to acknowledge my terms of reporting any change of address in writing within 48 hours.
notification.
>> Um just a I'll do a um payment notification order because we'll put to be paid via garnishment and then we can list the um employer as well. But again, you're ordered to let the court know in writing within 48 hours of any change of your address, any change of your employment or a receipt of any sum of money greater than $300 through something other than employment.
And then just want to make sure we have the Sunset Avenue address.
>> I'm glad I got to talk, but it's okay. I accept with everything. I never got to to get my plea. You asked me questions and I answered them, but I never got to plead my case, but it's okay cuz I know what I'm doing moving forward. It's okay.
>> What What else do you want to tell me?
Fine, sir. No, no. I want to hear >> I got somewhere to be. I tried to talk, but it's okay. I got somewhere to be.
It's okay.
>> Okay. Well, >> if I want to fight it some more, I'll just re appeal it if I have to. It's okay. Ma'am, you're ordered not to refile this within 180 days.
>> Okay, that's fine.
>> Okay.
>> Yep.
>> Now, I just want you to know for the record, I'm giving you the opportunity to tell me other things that you'd like to tell.
>> That's fine.
>> Okay. The most important things that I heard today, ma'am, are judgment is 8 years old. You only paid 5,6 or $700 on it and you have expenses and you want it reduced and I granted that reduction, but I'm not going to go all the way down to 10% for someone who has barely paid anything on this judgment over eight years.
>> You heard my side of the story, both. I heard your side of the story and I'm still saying, ma'am, you know what? You don't always win. You don't always have the better argument.
And I don't want you to top over me.
>> Yes.
>> Hey, anything else you want to say, man?
>> Please come up here and sign this or notification order and then you may leave.
>> Sure will.
>> God, she's insufferable.
>> Thank you, Mr. Smith.
>> Thank you. I didn't get it. Thank you.
>> You didn't leave the court yet. Ma'am, listen to me. If you want to keep up YOUR ATTITUDE, MA'AM. NO, STOP TALKING.
IF you want to keep up your attitude in my courtroom, I'll hold you in contempt of court. Right now, you're delaying my proceedings. Okay? I want you to sign this document and leave quietly. If you disobey that order, I will find you in contempt of court. Do you understand that?
>> Yep.
>> Thank you.
>> Fantastic. Well played.
>> My next case is for attorney Brad Council or somebody covering for him. Um this is plaintiff Gateway Financial Solutions against uh Tmani J. Brown. You may come forward.
>> Good job, judge. Well calibrated.
Well calibrated. That was that was exactly what she deserved. Not too much, just the right amount.
2025 CR 695 appearances for the people on behalf of the people.
>> Good afternoon, Judge Marshall Bright on behalf of Mr. Smith.
>> Okay, Mr. Smith, do you want to stay there or do you want to stay? He can come down.
You want to stay there, Mr. Smith?
>> Okay.
>> Not my last aim.
>> Okay. Okay. The court um notes that um on March 20th I found him incompetent to proceed. There was this de objected.
There was a second um request. Uh I recently I think Dr. Rosenthal if I'm not mistaken is going to do a second evaluation.
So is is that correct?
>> Work on your honor. uh she asked for additional information and so I filed a motion that the court had calendared for a response from right I believe today.
>> Okay. Any objection to that motion?
>> Um judge I'm in a strange predicament here and just so the court knows Mr. Kafka and I have been in close communication.
We don't disagree where this is ultimately headed. Um, I don't know that I'm in a position not to raise an objection to this motion given that I don't have permission from my client uh to allow for those records to be released. Part of the problem is I don't have an ROI by which I could just provide those to the evaluator. So, I'm not going to take a position here, judge. Um, but I wanted the court to know the backdrop.
>> I appreciate that. I know this is a difficult position. and the court will grant the motion uh for court order recognizing waiver of confidentiality and privilege that was filed uh by the people on May 20th. So >> uh very reasonable by the attorney.
The the implication being what is being asked for is reasonable. However, I do not have the authority to agree to it.
Do what you will.
Judge got it.
>> I will Kelsey put that in my inbox also order it today. Okay. Um, what about a review?
>> I think she was hoping to have it done in just a couple days from now, but I don't know if this has changed the timeline because she couldn't get these records.
>> So, let's do the 29th of June. What day?
What time would work that day for you, sir?
Church, if we can do the afternoon, that's great.
>> Let's do two o'clock on that date. Okay.
And if the report comes in sooner, I'm glad to get you all in sooner as well.
Just approach my clerk. Okay. Okay. Have a good day.
>> Thanks, J.
>> You're welcome.
>> It's the motion. Move the motion dated May 20th to my inbox.
>> Yeah, we got to go back to where you came from.
>> Seriously, this is kind of smooth. I didn't even get a chance to bleed.
I was I was told that I could sit here.
I don't Will I get a chance to bleed?
Cuz my last name is not Smith.
>> Not today. I guess >> my last name is Walker. W A L K E R.
Quincy Walker.
>> We're done, right?
>> Jackie Quincy Walker.
>> Sir. Sir, we need you to go through that door. Okay. I can I I'm not going to like I'm just saying I didn't even get a chance to like you have your attorney. He did a good job. So I just have to have you leave and follow the deputy. Okay.
>> I mean I I I never hired an attorney. I never asked for anyone on my behalf to hire an attorney. I stuck with public defense Molly potentially Bramble or you know the public defender of the state which I feel like I am recognizing correctly and if not you know I'm willing to get that further in you know court proceedings but I respectively have never signed or hired you know that person who is standing present left of me.
>> Thank you sir. Okay.
>> Thank you.
>> You're welcome.
Thank you, deputy.
>> I'm happy with that.
>> I just let me know more hands number awkward with your cups. Um >> the next case is people versus Rachel Ballentine. This is 25 CR1318 appearances for the people.
>> Quincy Shmer for the people >> and for Miss Valentine.
>> Good afternoon. Your neighbor St. Clair on behalf of Miss Valentine um who does not appear.
We have um been provided information from the district attorney's office who was provided information from a Denver detective.
>> The detective in this case, >> the detective in this case, my apologies. Um that Miss Valentine um has passed away >> on Thursday. Um the district attorney's office is is waiting for a death certificate and so um I have been provided also information because I was in contact with her public defender in Denver. They have also confirmed the information that the district attorney has provided me. Um I would just ask to set this for review on the 13th at 1:30 p.m. when I will be back from with Mr. Dominguez. Okay. Let's set this for review on the 13th. Uh what time would you like?
>> A 1:30, please. Sh.
>> 1:30 on the 13th. Obviously, if a death certificate is filed before that and a motion dismiss is filed, that the hearing will be vacated, but that will give the people um and thank you for your cooperation 6 weeks to figure this out. Okay.
>> Thank you. I appreciate it.
>> Thank you. You're welcome.
Do I have Mr. Cox on the phone?
>> All right. Uh, this is two matters involving Evan Cox. 25CR 926, 26CR1 166.
Mr. Cox appears via WebEx. Mr. Jose appears on his behalf in the courtroom.
Mr. Walzer appears on behalf of the district attorney's office via WebEx.
And um I have a warrant out because he's been non-compliant with RMS and I understand he's got medical issues, Mr. Jose, but this is a I'm he's got a jail sentence he needs to serve. So, if he's not going to be compliant with RMS, we're going to have to deal with this.
So, Judge, I I know that Mr. Fox is really struggling with his health. He's been up in the hospital. He was coming back from UC Health from Denver today when I spoke to him briefly. Um I I I know that he's doing poorly. I told him to try to get some of that paperwork together. Uh I I can tell the court that uh at this time I think he h he also has some concerns regarding his representation in both matters. Uh so I'm not sure how the court would like to proceed, but I think that uh he would like a burger hearing.
>> Okay. Mr. Cox, are you not happy with your attorney, Mr. Jose?
I'm not happy with the lack of communications at all with the public defenders office.
>> I So, are you asking to get a different attorney?
>> Yes, ma'am.
>> Okay. We will have to set a date for that. Um, but I it depends on the judge if they'll that normally they don't allow you to appear via WebEx, but if you are going to appear via WebEx, you have to have video capability. Do you understand that?
I I would have it right now, but I'm actually on my way back from UCA Health and I'm in Monument at a like a little pulloff area right now.
>> Okay. Um well, you'll need to come. I'm just going to indicate that you have to come in person for a burger, but it's going to take a minute. We may have to recall it. Um and the problem is is um Mr. Cox, I don't want you to make any comment about this, but I'm just going to relay the contents of the affidavit that I issued a warrant on. Um, says your uh on April 15th, you reported for reintrogram analysis test, which yielded positive results for amphetamines and fentanyl.
On April 16th, you failed to provide a scheduled breathalyzer test. On April 17th and 22nd, you failed to provide scheduled urinalysis tests. April 29th, you failed to provide a scheduled breathalyzer test. April 30th, you provide a scheduled urinalysis test, which yielded positive results for fentanyl and amphetamines. On May 6th, uh you failed to provide a scheduled uralysis test. On May 8th, you reported for an enhanced supervision meeting with a case manager and his missed positive tests were discussed. You indicated you have a medical issue and you were unable to leave my house because you did not have portable oxygen. I'm also on medication.
RMS instructed this was May 8th to defendant to provide RMS with a current prescription list to date defendant has not provided the prescription list as instructed and RMS refers this matter back to the courts and that was dated May 12th. Um, I am not a medical professional. Um, but I have stayed a jail sentence due to your medical condition, but I'm getting reports that you're continuing to test positive for fentanyl. And if you are on oxygen, I'm pretty sure fentanyl is not good for somebody who's on oxygen. You're currently apparently on the road somewhere. So, you can start appearing in court. I um will recall the warrant one last time.
>> Oh, come on, judge. You don't really know. That's just wild speculation.
I'll admit that I think you're right.
But if you are continue to be non-compliant, Mr. Cox, that is it. I'm done. And you can go serve your jail sentence. Do you understand that, sir?
Is where where is he?
Mr. CS.
All right. I will get a date for Burger if he gets back on, but I'm just going to do the next case.
Um, Hannah Fuller. Oh, Miss Fuller is in custody on another matter, I guess. All right.
>> And and Judge, that's all I have. I don't know if we're still waiting for Mr. Cox if he's still here. Hopefully, he's still on.
>> Uh, do I have Evan Cox on WebEx?
I don't >> waiting for Mr. Goodbar.
>> No, we got disconnected. Either he got disconnected or he didn't like what I was saying. one of the two, but the warrant remains outstanding at this point. I'm not willing to recall it.
>> All right. That's not him with the 40 number.
>> He's not responding, Mr. Cox.
>> So, >> all right.
>> Okay.
>> Thank you.
>> All right. Um Okay. Uh let's see.
So, um I am All right, I'm recalling Evan Cox 25CR 926 26 CR166.
I was having a discussion. Well, I was lecturing Mr. CL Cox is probably the better way to say it. Um, regarding in his one matter 26 CR 166, there was an RMS affidavit warrant. He I don't know if we disconnected or he hung up on me, but um I am going to convert that one. And on the other matter, 25CR926, they're going to become failure to appear warrants. Um and uh in 25 CR926, he had a um I will set a 2500 casher shy warrant.
in 26CR 166.
He was on a personal recgnissance bond.
I believe the other one was >> actually no the 25 CR imposed the jail sentence that we were we had stayed the jail sentence on that one. So we can just impose the jail sentence on that one. In 26CR 166 the non-compliance warrants will be converted. Um, the court will revoke the $500 personal recgnissance bond and set it at 2500 cash or shy.
>> So, >> no, that guy was Mitch Come.
>> Mr. Dean, come on up.
So, let's see. I got you here on 26 C22.
So you are seeking a protection order against Mr. Edward Lopez. Is that correct?
>> Yes, your honor.
>> Okay. So, let me swear you in and then I will have you go ahead and tell me why you think a protection order makes sense. Okay, sir. Do you swear or affirm under penalty of perjury the testimony you're about to give will be the truth, the whole truth, and nothing but the truth?
>> Yes.
>> All right. Go ahead and put your hand down. All right. So, how do you know Mr. Lopez?
>> I didn't prior to this incident, and I still have no conversation with him other than this incident, >> okay, >> occurred. Um, this person lives in the complex known as 915 Pedro Street. I live in building number one. He lives in another building uh way on the other side on the second floor. I'm on the first floor on the bottom in number four. um at this was on >> he's about him >> 5:20 May 20th and it was approximately about 9:45 p.m.
where I went to take my trash out. Upon doing so, there's a spot and we all take charge of our own lawns in front of our area and water them ourselves and use the community spets which are generously around the our complex.
>> Okay. Um, for some reason, um, I guess prior to this, I found out that this person, um, I don't know why he was sprinkling at night by my place at 9:45, but when I went to take my trash out, I didn't see anybody there. I just saw a sprinkler going off on the other side of the path in our area. And I know all the people, we water our area and everything. I'm like, I don't know who left this on, but I turned it off. I'm coming back from taking my trash back, and this was dark at 9:45 p.m. Um, I saw a gentleman as far about as far from you to me right now from the spot where I was, and he was in the dark where the sprinkler was previously. The sprinkler is now gone.
And there's a gentleman, or he's not a gentleman, a suspect in all black with a beanie and everything talking about, um, is it you? Is it you? you turn the water off. Is it you? And he said this over and over again. And right away in my head, I just thought, "Okay, it's going to go down." Cuz he threatened me. He said, "I'm going to, you know, come at you." And he started to approach me. At that point, I took my glasses off and threw it on the ground. And um I stayed at the spot area. He approached me there. He did attempt to hit me several about three times. He was very wobbly.
Um, at that point I realized I do not know this person.
I don't know why they're coming at me.
I've been around mental health people before. I said this could be a person with mental health issues.
>> Um, they could be armed. So, just go into your place and just kind of use a different tactic. So, that's what I did.
Now, my home entrance was about >> Okay.
I'm shocked at how reasonable this guy sounds. I thought it was going to be just way different. Like not perfectly reasonable, but very reasonable. about 20 more than 24 feet away um going south and then about maybe five feet or so to my front door. But I could feel him on me and he was uh you know he stalked me all the way to underneath where my neighbor's bedroom window was and that's where I knew he was going to take me down cuz I was keeping my peripheral on him as I was walking towards my area.
And so I made a choice to as we were going down to use his momentum to pull him under me. And that's when we did fall. He took most of the the fall. Um but I did hit my jaw on the ground and I had some soreness in my head for a while. I still have a little bit.
Anyway, then I had him pinned underneath and I also had control of his left arm by way of his clothes and um his arm area. And so at that point, he was begging me to let him go. Before he begged me to let him go, he sucker punched me a few times in my head.
That's how I had a few places of soreness in the back here and in the front where the temple is. But um then he realized he couldn't leave. So he was begging me to let him go. And there were people that heard it in the building complex. Anyway, it was all dark. And then I realized I don't know this person. I don't know how to identify them. So, at that point, I realized this person's hands right there and the upper part of his hand was right to me. So, I I have a tooth that comes out and I've been looking for it for a week when this happened.
>> It's kind of pointy here and sharp. So, I decided that I was going to mark him and I took a big chunk of flesh out of his back arm. I did have blood later and his flesh spitting out of my mouth, but um he begged me to let him go. After that, I let him go and he fled on foot.
And before that, I never knew this guy.
Um and I did ask some people around even in the town and nobody knows this guy.
So, I don't know really this guy's background or who he is. So, that's basically what happened. I called the police and then when I called 911, they told me that uh there was an ambulance call to the same area. So he took the ambulance to get care.
The only thing I do know after the incident is that some neighbors did approach me. One lady by the name of Jolene who said she tried to get a restraining order on this person before and was refused for some reason. But he would always approach her when she was alone with her children in the complex several times. And when the husband's around, he doesn't do anything. Um, and then the police would come and then it would, you know, a few weeks would pass and he would start in again. Um, but now with the I don't know. But anyway, so I found out who he was by the neighbor downstairs. And the neighbor downstairs told me a few days prior to this incident that uh this guy uh Eduardo Lopez had told him, "I hate that guy that turns the water off." and he go, "Who are you talking about?" And he described my area where I live in the building one. So then I didn't meet this gentleman that lives underneath him until we just became friends recently.
And I go, "Huh, why would he have something against me?" So that's the only thing I knew. And I still didn't know who he was. I didn't know where he lived or anything, but that's the only thing that I heard anything about this water incident and how I don't know important it was or something in this individual's brain.
No, because I'm telling you the truth. I I'm very gay now. And >> that's all that's all I have to share about this incident and that's all I know.
>> Okay. So, the thing about protection orders is is that um the court's required to find that there's uh repeated and credible threats and it it actually sounds like this was a one-time incident that there's no actually no it has to do with the whole complex and that's why I'm here because this person should not be living in lowincome housing. He has pri I haven't I don't even have money to run a background check on this individual. Otherwise, I would would the the things that the women were saying at the complex about this person, it's unbelievable that he's still living there. This guy is danger to the community and children. Um I mean, we've had, you know, prior incidences where they got rid of people where they're taking residents taking pictures of other people's children there and finding stuff on their hardware and they get out. But this could lead to something else. I don't think it's favorable in the community situation, especially in low income when we have children running around a playground out there. Um, it's bad enough we have dogs out here and some of us have already been bit, but um there's unruly men out here and they are like unruly dogs. They have big barts and sometimes, you know, like me, I'll have a big bite cuz I'm a cat guy. I don't mess around. But a lot of these guys, the guys that I met, they came around, they go, you know, he still talks about you all emotional. And we tell them, he doesn't talk about you. He's not emotional about you. Why are you still whining about Jesse?
>> So, this person needs to be evaluated.
Uh they need to have uh anger management.
>> You didn't say the cat jumped on his wiener, Gigi.
the court's denying this when I mean what is it going to take? Should I come in here with my other neighbors because I'll make another appointment to do so if that's what it takes to get this person off the premises. But that's what the management wants and that's what we want. So we were hoping today for me coming here that this would lead to him getting out of HUD housing because offenders are not supposed to be around.
>> So that is not the purpose of a protection order. that that that's not a consideration of a protection order.
>> Okay. So, if I were to make another appointment with you with the neighbors and the women that complain about him, would can that get a protection or or do you actually need a murderer to come on site or my brain to maybe he picked up a a brick and then hit me in the head and I'm in the hospital for 5 days or something? Right now, it stands that uh he has a misdemeanor uh assault. That's an assault. I'll say it one more time.
It's an assault. He stopped me. He lured me with the sprinklers. How he lured me out was he put the sprinklers right up to my door when I came back from the living room and shut my door after we had words the first time.
>> Okay? Cuz he said, "Are you doing the water?" The water. I went in the first time before this incident happened.
Okay? 5 minutes later, I came back from the bathroom and there was water gushing on my building and I said and I looked out and I saw the sprinkler right there and I said, "This guy's like a child."
It's all in this police report right here. Exactly what I'm talking about.
>> So, I saw what you filed, but this is not >> I I submitted this paperwork along with the other paperwork.
>> I reviewed it. So, based on your testimony and the what's been filed, this isn't um >> Oh my god, he seemed semi-reasonable. I knew it would would turn ugly, and it's weird. He He still has a very soothing voice and sort of a nice affect, but he's just not there.
this isn't an appropriate situation for a civil protection order and so I'm going to deny the civil protection order when >> he lives on the same side as me and he's threatened me.
>> So there was a singular incident at um rather late at night. In addition, sir, based on both of your statements today and the filings, it is a little bit difficult for the court to tell who is the aggressor in this situation. Why?
>> Because you bit him and I feel >> because I had control of his body. I did not know this person. I marked him. He is >> that biting him thing that that uh you know that's a knock against you.
>> My god.
>> Marked as an offender.
>> Okay. So this isn't an >> if I need to bring witnesses in here in a civil case, I will because the neighbors hood it. They were right underneath. The neighbors have been complaining about it and these gentlemen are saying that he's talking about me now. It hasn't ended. This person is mental. So, what do I need to do to move forward?
>> So, I can't tell you I can't give you legal advice.
>> You are mental >> on that. I'm telling you that based on the complaint and the testimony today that I'm denying the civil protection order, I do not find >> Okay. Well, you need to show me the proof as to what you're you're making the basis on cuz I have >> I don't think you're hearing me. I I'm trying to explain to you credible and repeated threats um is one of the challenges that I'm finding. In addition, I am having a hard time telling who the aggressor is based on on your own testimony. I do not find that a civil protection order is appropriate in this circumstance.
>> Okay. So, a victim has no rights to protect themselves or to identify an asalent that they do not know. I have every right to mark a victim, to stab them if I had a knife. I have every right to defend myself.
Oh, good lord.
That was fun. That was a weird one to end on.
I wanted to say something nice about him, but in the end I can't just just because I don't know.
I I just because he could speak softly.
That's sort of refreshing. Other than that, he's just Yeah, he's a coke.
Thank you, Alyssa. Thank you, Zach over at Lerdsite. the all all my people have just been bringing the the the good stuff lately.
I really appreciate it. I will see you all soon.
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