Mom of 5 Stole $40K for Drugs — Judge’s Brutal Reality Check Changes Everything

追加: 2026-05-12

[00:00:00]if [clears throat] she has health issues as you say and I'm supposed to sympathize with that and be concerned about that and your ability to do jail time because of that and because of your conditions. Why are you not being sympathetic with her and allowing her to share a bedroom with a 10-year-old and a 7-year-old? Why? 22 CR1445 State of Texas versus Janette Elaine Simmons. Could I have parties announced for the record for the state?

[00:00:27]>> Shannon from the state of Texas >> defense.

[00:00:29]>> Nathaniel Navy for Miss Simmons.

[00:00:30]>> And are you Miss Simmons?

[00:00:31]>> Yes, I am.

[00:00:33]>> Uh, you entered a plea to count two.

[00:00:37]According to the cre uh the plea bargaining agreement, punishment is to be assessed at 5 years in the prison.

[00:00:43]The state opposes your application for deferred adjudication and they're recommending community supervision.

[00:00:51]Have both parties had a chance to review the PSR report?

[00:00:53]>> Yes, judge. Yeah.

[00:00:54]>> Any objections state?

[00:00:56]>> Not from the state.

[00:00:57]>> Any objections? Defense >> judge. The only objection that I would have is the characterization of the insurance company as a victim in this case. The union who is the victim in this case has been made whole by the insurance company. And that's my only small uh quibble with that is that I don't believe they're a victim. This is something that they contracted with the union for. Um it's the reason that the union pays premiums to an insurance company. It's something that they specifically consider when they contract for uh the services judge.

[00:01:30]The only other and on that I don't have argument on that judge. I know that that's something that's below the line.

[00:01:37]I'm going to ask you not orderitution to the insurance company. The only other thing that I would like to add is that there are additional um medical issues that Miss Simmons has that are ongoing that were not um known at the time that she entered this PSI.

[00:01:55]It's been reset a number of times.

[00:02:00]>> All right. Anything else the um from the state in regards to the PSI report?

[00:02:06]>> Um it's regarding uh well it's argument it's not regarding the PSI.

[00:02:10]>> All right. Any witnesses from either side?

[00:02:13]>> Miss Simmons, I would call Miss Simmons.

[00:02:14]>> Could you raise your right hand for me?

[00:02:16]You solemnly swear affirm the testimony you give will be the truth and nothing but the truth. So help you God.

[00:02:20]>> You can lower your hand. You're going to need to speak up so that everybody can hear.

[00:02:23]>> Yes, ma'am.

[00:02:24]>> All right. Defense.

[00:02:26]>> Thank you, judge. Can you say your name for the record?

[00:02:28]>> Janette Simmons.

[00:02:29]>> Okay. Can you spell that for the coordinator?

[00:02:31]>> Uh J E A N E D E Alen. E L K A I N E.

[00:02:39]Simmons F I M M O N S.

[00:02:43]>> Okay. And now before we get into any of the other factors that were going on in your life at the time of this offense, I want to be clear. Um is there any excuse for what you did in this case?

[00:02:56]>> No, there is no >> Do you accept your guilt in this matter for >> Yes, I do.

[00:03:02]>> Okay. So, there's no excuse for >> Okay.

[00:03:06]What was your position during the time of the offense? What was your position with this union?

[00:03:11]>> I was the bookkeeper.

[00:03:12]>> Okay. You were their bookkeeper. Um, so were you in a position of trust?

[00:03:16]>> Yes, I was.

[00:03:17]>> Right. And and you understand that you abused that position of trust?

[00:03:21]>> Yes, I did.

[00:03:22]>> Correct. And um, can you explain how the damage that you inflicted in this case was more than just monetary?

[00:03:32]My actions led to a diminishment of the reputation of the company as well as the co-workers that I worked with at that time. My actions created doubt in who they were and the work and their their integrity and they my actions led to the doubt in the reputation of the company that I worked for as well as the co-workers that I worked with.

[00:03:59]Uh there's no excuse for what I did. Um my actions made them look poorly even though they did nothing wrong.

[00:04:08]>> And and you describe to me seeing the look on Mr. Kenyon's face when he had to confront you. And and before I get into that, who is Mr. Kenyon?

[00:04:17]>> Mr. Kenyon was the president of the union at the time when I worked here.

[00:04:22]Okay. and seeing him when he realized what had happened and he confronted you.

[00:04:27]How did you feel in that moment?

[00:04:29]>> Um that's when I realized the actions that I had done had consequences and that um I had really hurt him. He was a good boss to me and had trusted me and I violated that trust.

[00:04:47]>> Okay. What what was his facial expression like?

[00:04:50]>> He was very disappointed. people upset.

[00:04:53]Um, he actually he was in disbelief.

[00:04:57]>> And can you blame him?

[00:04:58]>> No.

[00:05:00]>> And you said that you experienced that same type of feeling of disappointment later on. And can you describe that?

[00:05:08]>> Uh, later on when I had to um admit to my family what I had done and why I had been arrested.

[00:05:15]>> Okay. And so you admitted that your actions not only could cause your co-workers to lose faith in you but the union as a whole, right?

[00:05:24]>> Yes. The members as well.

[00:05:27]>> And and you understand that for the most part unions are created for the benefit of working people, right?

[00:05:35]>> Yes, they are.

[00:05:36]>> And you understand that there's at least some faction of people that are against unions. Um, possibly because they think they're unnecessary or because they think they're corrupt. Correct.

[00:05:49]>> Yes. But my actions didn't help with that opinion.

[00:05:53]>> I furthered it >> and and that's through no fault of anybody else. Right.

[00:05:56]>> Just my fault.

[00:05:58]>> Okay. [clears throat] Now, okay. I'd like to get into some of the issues that were going on in your life around the time of the offense.

[00:06:09]Did you have an issue with substance abuse at that time?

[00:06:12]>> Yes, I did. What what were you using?

[00:06:16]>> Pain pills and alcohol.

[00:06:18]>> What kind of pain pills?

[00:06:19]>> Uh oxycodone and Tramodol.

[00:06:22]>> Okay. [clears throat] Was that the first time you had used you had an issue with substance abuse with um Oxy or was there a previous time?

[00:06:32]>> Uh I have previously had issues with it when I was a teenager.

[00:06:35]>> When you were a teenager?

[00:06:36]>> Yes.

[00:06:37]>> About how old were you when you started using?

[00:06:39]>> About 14 15 years old.

[00:06:41]>> Just a moment. stop at some point.

[00:06:43]>> I stopped when I was getting ready to go to college because I had a medical report that showed that I was causing damage to my organs.

[00:06:52]>> Okay. Um, your physical for college?

[00:06:55]>> Yes, my physical for college.

[00:06:57]>> Okay. And then after that time, when was the next time you you you had to use a similar type of pill?

[00:07:05]>> Um, when I had surgery in 2017 for hyerectomy.

[00:07:10]>> When you had surgery.

[00:07:11]>> Yes. Okay. And you were prescribed, what were you prescribed?

[00:07:14]>> Oxyon and some other medications.

[00:07:18]>> Okay. Now, at that time, did you abuse those pills or did you take those as prescribed?

[00:07:23]>> I took them as prescribed.

[00:07:25]>> Okay. And um were there leftover pills that you hadn't used?

[00:07:32]>> Yes, there were.

[00:07:33]>> Okay. [clears throat] Now before we get into the usage of of the pills uh further, what kind of financial stressors can you just kind of ex explain to the court the kind of financial uh stressors that you and your family were experiencing when you moved to San Antonio?

[00:07:55]>> Um we had already lost a home in California. We moved to San Antonio to start over. My husband and I both work for Amazon and we both were injured on the job. Um I was out of work. We were trying to uh take care of our household on just income and then he got injured and lost a lot of his pay. And then we ended up losing the apartment of the house that we were renting at the time and living in hotels extended stays until um March of the following year, March of 2018. I'm sorry. April of 2018.

[00:08:32]>> What What were the positions you and your husband had with Amazon at that time?

[00:08:36]>> We did packing. We packed all the boxes for the building.

[00:08:39]>> Okay. So, it was a physically intensive job.

[00:08:41]>> Yes, sir.

[00:08:42]>> Okay. And then so when you got injured, did you have the same income that you did when you were working?

[00:08:49]>> I did not.

[00:08:50]>> Okay. And then your husband also got injured at a later point. Is isn't that right?

[00:08:54]>> Yes, it is.

[00:08:55]>> And and so both of your incomes then were diminished.

[00:08:58]>> Yes.

[00:08:58]>> Okay. And then you said that you started staying at extended stays.

[00:09:02]>> Yes.

[00:09:03]>> Okay. And so so basically you didn't have a permanent residence at that point.

[00:09:07]>> No, we did not.

[00:09:08]>> Who else was living with you and your husband? Do you have any children?

[00:09:11]>> I have five children and my mother living with us at the same time.

[00:09:15]>> Okay. And what are the ages of the children now?

[00:09:18]>> Um my eldest is 20, 19, 16, 10, and seven.

[00:09:24]>> But obviously they were younger in 2017.

[00:09:26]>> Yes.

[00:09:27]>> Okay.

[00:09:28][clears throat] What >> do any of your children have special needs?

[00:09:32]>> My oldest son is autistic.

[00:09:35]>> Okay. And does your second oldest child um does she have any any mental health issues that she's been dealing with?

[00:09:43]>> She looked at traumatistic and diagnosis schizophrenic.

[00:09:47]>> Correct. [clears throat] >> So, okay. So, those were and and then your mother, you said your mother's living with you. Why is your mother living with you? um she doesn't have the income to live on her own and she also had u a lot of health issues. She is recovering from bladder cancer and she's diabetic and losing her vision.

[00:10:09]>> Okay. Does she receive any social security?

[00:10:12]>> She does, but it's not enough to sustain her on her own.

[00:10:15]>> So it's not How much does she receive?

[00:10:18]>> About $700 a month.

[00:10:20]>> Okay. So that's not enough just to pay for her needs. Correct.

[00:10:23]>> It is not. So you have to supplement you and your husband.

[00:10:26]>> Yes, we do.

[00:10:26]>> Okay. And then so to maintain your household of five children with the special needs of two and your mother both incomes are pretty critical to sustain the household. Is that fair to say?

[00:10:38]>> Yes, it is.

[00:10:39]>> Okay. [clears throat] So now can we describe the usage of substances during your time with work with the union?

[00:10:50]Um, I was drinking and taking pills while at work. Um, it started off once in a while until it got to the point where I was doing it every day.

[00:11:01]>> Okay. What what caused you to in your mind at that time, what caused you to start taking those those pills and drinking alcohol in the first place?

[00:11:11]I was under a lot of stress and instead of asking for help and assistance, I turned into pills and alcohol.

[00:11:21]>> Was it basically to try to numb yourself to the stressors?

[00:11:24]>> Yes, it was.

[00:11:25]>> Okay.

[00:11:27]>> And you said that your usage started getting higher and higher. At at first, how much was it? And then at its highest point, how much were you taking? Um, at first it was one or two pills in a day, maybe twice a week. By the end it was every day, four to five pills plus alcohol.

[00:11:49]>> And now, where were you getting these pills from if you were using them so often? How did you start getting them once your old supply ran out?

[00:11:59]My husband was still going through physical therapy and pain treatment and he was not taking the pills but they were still being prescribed. So I used his pills. I would get prescription pills and take his pills and when those would run out I would obtain them illegally.

[00:12:15]>> I'm sorry.

[00:12:16]>> When those pills would run out I would obtain them illegally.

[00:12:19]>> Was your husband aware that you were taking his pills?

[00:12:22]>> No he was not.

[00:12:23]>> Cuz was he using them at the time or >> he was not. He actually told me not to fill the prescription and I would do it behind his back.

[00:12:30]>> Okay. So, he had an ongoing prescription due to his issues. Yes, he did.

[00:12:34]>> Okay. So, you would go to the pharmacy and and you filled them.

[00:12:38]>> Um Okay.

[00:12:44]Now, obviously your way of thinking back then and your way of dealing with stress, can you describe why that was not the way to do it?

[00:12:55]It led me to make decisions that were terrible for my life as well as the life of the people I affected with my actions.

[00:13:03]>> Were they long-term or short-term fixes?

[00:13:05]>> Very short-term fixes with long-term terrible effects.

[00:13:10]>> Okay. Um and obviously you had issues with with dishonesty. Correct.

[00:13:16]>> That's correct.

[00:13:17]>> Um with your husband at that time for taking his pills and then with the union.

[00:13:22]>> Yes.

[00:13:22]>> And then were you to fund your your addiction. Is that why you started taking from from the union?

[00:13:31]>> Yes, it is.

[00:13:32]>> Correct. Um was it fair to say that you you were barely making enough money to sustain the household >> and so if you needed more pills, you have to >> take away from that? Yes.

[00:13:41]>> Correct.

[00:13:43]>> Um do you want to learn to to change those behaviors?

[00:13:47]>> Yes, I do.

[00:13:48]>> What steps have you taken thus far to do that?

[00:13:53]I discontinued the use of pills. I've taken a drug offenders course, anti-dece.

[00:14:02]I've enrolled in college to try and improve my financial situation so I can get a better position.

[00:14:10]>> Okay. When was the last time you used pills without a prescription?

[00:14:14]>> December 18th, 2018.

[00:14:15]>> When was that?

[00:14:17]>> That was the day I got fired from.

[00:14:20]>> So that was a wakeup call.

[00:14:21]>> Yes. And if the judge tested you today, you would be clean.

[00:14:24]>> Yes, I was.

[00:14:25]>> Okay. Um, and you said you took an anti- theft course.

[00:14:28]>> Yes.

[00:14:29]>> How long was that course?

[00:14:32]>> 14 or 16 hour.

[00:14:33]>> Okay. Was it the longest one you could find?

[00:14:35]>> Yes.

[00:14:36]>> Okay. So, [clears throat] there were other shorter ones, but you took the longest.

[00:14:39]>> And you said you took a drug offender education program.

[00:14:41]>> Yes, you did.

[00:14:43]>> Can you describe to the court the things that you learned in those programs?

[00:14:49]I learned that I don't only have a problem with pills. I also have a problem with alcohol. I wasn't aware of that. I wasn't acknowledging that. Um, I also learned that I take the easy route with pills rather than seeking help. I'm not good at asking for help. I've learned since then that that is not the way to function. Um, and that my actions have incredible effects, especially on my family.

[00:15:16]And uh and you said that you were you're taking college classes now.

[00:15:20]>> Yes, I am.

[00:15:21]>> How do you fit the time in with everything going on?

[00:15:23]>> I take online classes.

[00:15:24]>> Take online classes. And you stated that's trying to get into a better financial situation. Correct.

[00:15:30]>> Yes.

[00:15:31]>> Okay. And judge, at this point, I'd offer defense exhibits one through four.

[00:15:37]>> No objection.

[00:15:38]>> And have they been marked?

[00:15:40]>> Yes, they have.

[00:15:41]>> And he's already shown them. It's it's the two certificates, one letter of recommendation, and then the college transcripts. So far, >> defense exhibits one, two, three, and four are admitted without objection.

[00:15:53][clears throat] >> And so you understand that the things that you've done are just a start.

[00:15:57]>> Yes.

[00:15:58]>> Would you take any class whether it's mental health or substance abuse or or whatever whatever conditions the judge asks you to do, will you complete those?

[00:16:08]>> Yes, I will. Okay.

[00:16:15]Do you believe that you can change that old way of thinking permanently?

[00:16:20]>> Yes.

[00:16:23]>> Now with regard to actually I want to get into with regard to you understand that the judge one of the conditions is that the state is asking for 60 days in the county jail.

[00:16:37]>> Yes. And you understand that it may be a possibility that the judge may consider granting that via GPS house arrest.

[00:16:46]>> Judge, >> yes.

[00:16:48]>> All right. So, everyone in the box, we're in the record. Please do not talk in the box while we're on the record.

[00:16:54]>> Thank you.

[00:16:56]>> And so, you understand that the judge there's a possibility that the judge may accept GPS house arrest in le of the actual jail time, >> right? Yes.

[00:17:07]>> But that's up to the judge. You don't have any control over whether she warns that or not.

[00:17:10]>> Absolutely. Absolutely.

[00:17:11]>> And and if you there's a chance you may have to go into custody today.

[00:17:14]>> Yes, there is.

[00:17:15]>> Okay. Now, you explain the situation with your five children.

[00:17:23]How would obviously if you if you were in custody for an extended period of time, would you lose your job?

[00:17:29]>> Yes, I would.

[00:17:30]>> Okay. So, that would have de devastating effects not just for you, but for your five children and and your mother.

[00:17:35]>> Yes. All right, just a moment. So maybe people didn't understand me. There's to be no talking in the box while we're on the record. It makes the job difficult for the court reporter. She can't hear.

[00:17:48]And if she can't hear, the defense doesn't have a record and the state doesn't have a record. All right, you may continue.

[00:17:54]>> Thank you. Would your husband be able to support your household with just his income alone?

[00:17:59]>> No, he would not.

[00:18:00]>> Okay. and uh your your three younger children, what's their situation with school?

[00:18:06]>> They're home school.

[00:18:08]>> Okay. Who does that? Is do you do that?

[00:18:10]>> I'm the primary person.

[00:18:11]>> Okay. So, obviously if you're in if you're in custody, they would not or would your husband be able to >> maybe I'm not sure.

[00:18:19]>> Has you done that in the past? It's been you that's been the one that's homeschooled them.

[00:18:22]>> Yes.

[00:18:23]>> Okay.

[00:18:25]And um can you describe for the court your your medical conditions that you're currently dealing with?

[00:18:31]>> Um I'm thmic as well as I have thyroid issues and now I'm currently being um examined for a heart condition.

[00:18:40]>> Can you explain what those first two mean?

[00:18:42]>> Uh calisthemia is a disorder with red blood cells that reduces the oxygen that circulates in your body. Um, thyroid is a hormone issue and um, my heart issue, they're still trying to figure out what's causing it.

[00:18:56]>> Could some of those issues affect your ability to fight infections if you were if you've caught some sort of illness in the jail?

[00:19:03]>> Okay. And you said you're dealing with a heart issue that is still ongoing.

[00:19:08]>> Yes.

[00:19:09]>> And and the doctors don't know exactly what the diagnosis is, correct?

[00:19:14]>> How did that start? Um it was discovered when I contracted COVID and I was not able to come to my last uh sentencing date because of CO.

[00:19:23]>> Okay. And then when you were seen at the doctor for COVID, that's when they discovered it.

[00:19:27]>> Yes.

[00:19:28]>> And and and what did they see?

[00:19:29]>> Um extremely high blood pressure and they couldn't figure out what was causing it.

[00:19:34]>> Okay. So an unnaturally high level of blood blood pressure.

[00:19:37]>> Yes. And scar on my heart.

[00:19:40]>> Okay.

[00:19:44]I don't have any further questions. All right, stay just a few. Your honor, um, Miss Simmons, this theft that you led to committing, that didn't all happen at once. Is that right?

[00:19:54]>> It did not.

[00:19:55]>> This was all done over a period of time.

[00:19:57]>> Yes, it was.

[00:19:58]>> How long was that period of time?

[00:20:01]>> Several months, almost a year. I can't exactly speak the exact time period.

[00:20:06]>> And [clears throat] during that time, you were lying to your co-workers.

[00:20:10]>> Yes, I Yes. And you were lying to your boss.

[00:20:12]>> Yes, I was.

[00:20:12]>> And based on what you just said on direct, you're also lying to your family.

[00:20:15]>> Yes, I was.

[00:20:18]>> No further questions.

[00:20:19]>> Any follow?

[00:20:20]>> Uh, no. Judge, >> what do you do with human resources?

[00:20:24]>> I'm not with human resources.

[00:20:26]>> What says in here that you employed with human resources?

[00:20:29]>> Uh, it's the seven city of San Antonio Department of Human Services.

[00:20:33]>> All right. What do you do?

[00:20:34]>> I'm an administrative assistant.

[00:20:35]>> What is that? What are you doing? Um, I'm scheduling, writing letters, um, setting up paperwork.

[00:20:43]>> Do you have access to their their funding?

[00:20:45]>> I do not.

[00:20:47]>> Are they aware of this charge?

[00:20:49]>> Yes, ma'am. It was I was actually arrested while I was doing my background check for the job.

[00:20:54]>> All right.

[00:20:55]>> Defense, are they aware of what she's charged with?

[00:20:57]>> Yes, judge, they are. And I I believe that, you know, I I don't know how they would handle it, but I believe if she was on defer adjudication, she may be able to retain that job at honesty would definitely be fired if she if she had a conviction.

[00:21:09]>> What are the hours you work?

[00:21:10]>> I work from uh 7:30 to 4:30.

[00:21:14]>> Is this 7:00 a.m. to 4:30 p.m.?

[00:21:17]>> 7:30.

[00:21:18]>> Is this 7:30 a.m. to 4 p.m.?

[00:21:22]>> Yes, ma'am. 7:30 p.m.

[00:21:23]>> What days?

[00:21:24]>> Monday through Friday. How are you homeschooling your children if those are your schedule?

[00:21:29]>> Because we have an online program that we use and then during my lunch breaks and after work, I go in and make sure that all their assignments are completed, their assignments are completed. I get alerts and I call home to make sure that they're getting there with us.

[00:21:44]>> So, what hours does your husband work?

[00:21:46]>> He works the same hours he also works for the city.

[00:21:49]>> So, who's supervising these children? My mother is with them as well as the they have their older siblings that are also there. But >> the mother who has the health issue, >> yes, but she's still able to move around and function. Yes.

[00:22:02]>> I will tell you, um, I don't think that older children should be in charge of supervising young children. Sometimes parents use their older children as built-in babysitters and they're supposed to be taking care of the siblings. Those are not their children. Those are their siblings. It's the same thing with grandparents. Those are not their children. Those are their grandchildren.

[00:22:25]It really supposed to be, uh, do you feel like babysitting? Yes, I do. It's not supposed to be a permanent thing.

[00:22:32]Your children, your older children should have their own lives to live. And I see where some of them are 17.

[00:22:40]>> What are their ages?

[00:22:41]>> It's 20, 19, 16, 10, and seven.

[00:22:45]>> Okay. I'm sorry. Could you repeat that?

[00:22:47]20. 20, 19, 16, 10, and 7.

[00:22:53]>> And all of you are living into in an apartment currently?

[00:22:56]>> Yes, ma'am.

[00:22:57]>> How many bedrooms?

[00:22:58]>> Four.

[00:23:10]So basically all of these your children have two bedrooms amongst them >> because I'm assuming you and your husband sleep in a bedroom.

[00:23:18]>> Yes, ma'am.

[00:23:19]>> Grandmother hopefully she has her own room.

[00:23:21]>> No, she does not have >> So who is she?

[00:23:26]>> She's uh shares a room with the 10year-old and the seveny old.

[00:23:31]>> That's probably not great for her. It's not.

[00:23:36]>> So why isn't the 10 and seven year olds sharing a room with you?

[00:23:41]>> They just they don't.

[00:23:43]>> Why not? Why are you putting your grandmother out?

[00:23:48]>> If she has health issues, as you say, and I'm supposed to sympathize with that and be concerned about that and your ability to do jail time because of that and because of your conditions. Why are you not being sympathetic with her and allowing her to share a bedroom with a 10-year-old and a seven-year-old? Why are you not doing that?

[00:24:08]>> The room that she's in is the larger room than mine. But you're right, your honor. I think shouldn't be that way.

[00:24:16]>> She shouldn't be taking care of a 10-year-old and a seven-year-old full time when she has medical issues. As you told me, that should be on you. And the fact that you have medical issues, then your husband needs to step up. People need to stop passing the buck just because people are related biologically or love their children. People need to stop passing the buck and having other people raise their children. Your grandmother didn't decide to have these children. You did.

[00:24:47]Now, with regards to this restitution matter, uh how much money does anyone know? How much money did the company pay? Did they have a deductible or something they needed to pay or if it or it was just we're paying you this entire amount?

[00:25:03]>> I believe they they they were paid out the entire amount that they requested.

[00:25:06]>> Believe that's correct, judge. The the company was made.

[00:25:09]>> All right. So, here's the question. Why should I give money to an insurance company? Because, as we all know, the insurance company has passed along this loss to everybody. Their rates have raised. And if she were to pay back the insurance company, the insurance company is not going to give any money back to any other people whose rates were raised because they had to pay out this money.

[00:25:33]So why should I order her to pay this?

[00:25:37]>> I think I I feel like she should pay something.

[00:25:40]>> It is the natural consequence of her actions. You know, just because you know there's going to be a car wreck doesn't mean that you don't be responsible. I think that because they were looking out for the possibility that this could happen, protecting themsel from loss, um they were able that insurance company is the one who's now on the hook for >> and why doesn't the insurance company just sue her?

[00:26:02]>> They they have that opportunity, judge, if they if they wanted to and and judge just for your edification. That is why we included it below the line. They're not the named complainant on anti.

[00:26:12]>> All right. Because I know when people have car accidents or if there's like in California, they have this big storm that's happening and everybody's insurance rates are going to go up because the insurance company are acting as though they haven't been collecting premiums from everybody. They're going to increase everybody's rates.

[00:26:33]And with regards to this company, if she were to pay this amount back, is that insurance company then going to say, "Oops, we've got that money back. We're gonna give everybody a discount.

[00:26:47]>> I I can't speak to what they'll do, but >> Oh, they probably won't.

[00:26:50]>> I think you're right.

[00:26:51]>> This is me just, you know, [laughter] wondering why insurance companies take everybody's premiums every month and it doesn't cover anything because they still end up increasing everybody's rate.

[00:27:06]But there we have it. So, was the complaintant out of anything?

[00:27:13]>> I No, you aren't. There were um you know, the the mental distress caused by having to go through the insurance complaint. Mr. Penon is here if you would like to speak with me.

[00:27:23]>> I'm sorry, who?

[00:27:24]>> The victim, the owner of the uh complaintant business.

[00:27:27]>> I mean, if you want to call him, you can you can call him as a witness.

[00:27:30]>> Judge in the PSI, they're not claim they're not asking for any money because they were paid everything.

[00:27:36]>> Okay.

[00:27:37]There will be a brief victim in that statement. I don't think we get as a witness.

[00:27:41]>> All right. So, uh I see that she doesn't have any prior criminal history. Is there a reason why the state is opposed to deferred adjudication?

[00:27:48]>> That's because of the nature of the crime and long-term deception. Um do you think that the fact the case merits a conviction?

[00:27:58]>> All right.

[00:28:00]Uh Miss Simmons, you have a choice.

[00:28:01]Usually I can't give people choices. I can place you on 8 years deferred education or either you can have a conviction and with a conviction you'll be on probation for four years.

[00:28:20]>> I'll accept 8 years.

[00:28:23]>> All right. Court is going to sentence you to 8 years deferred adjudication.

[00:28:29]I'm not going to grant this restitution, but I am going to give you a $2,500 fine.

[00:28:40]There should be parenting classes.

[00:28:45]The theft course, the court sees that she's already taken the death course.

[00:28:49]She'll need to provide that uh documentation to probation.

[00:28:54]There should be no contact with southwest Gulf Coast regional I cannot read this word here regional council there should be regular reporting by Zoom or in person, outpatient treatment with probation.

[00:29:35]There's to be uh 90 meetings in 90 days.

[00:29:39]That can be NA or AA.

[00:29:42]I'm going to want field visits two times per month until further notice and there's to be regular UAS probation.

[00:29:57]Is there anything else on the output treatment? Do you want that intensive or supportive?

[00:30:03]>> Uh intensive >> and along with that can uh >> my understanding is a top evaluation that's been done. Oh yes, my apolog.

[00:30:16]>> Thank you. See, it's been a long time since we'll be back.

[00:30:20]>> Yes.

[00:30:20]>> Proof of employment within 15 days. There's to be no employment as a home health care provider or with minors. And one more thing, your honor, did you cover?

[00:30:41]>> We'll do 180 hours of community service restitution. 40 of those hours will be waved uh once you've completed parenting classes.

[00:30:54]Uh the remainder will be waved if you provide proof of full-time enrollment in school.

[00:31:08]And for the court, full-time enrollment is at least nine hours.

[00:31:13]I myself would take 21 hours a semester, but I'm not expecting that of you. But so at least 9 hours. probation. Is there anything else?

[00:31:24]>> No, your honor.

[00:31:25]>> Is there anything else you need from the court in order to be successful?

[00:31:29]>> Can I have therapy, please?

[00:31:32]>> Uh, what type of therapy are you requesting?

[00:31:34]>> Mental health.

[00:31:35]>> All right. Can we do a MC evaluation, please?

[00:31:40]>> Thank you for letting me know that.

[00:31:43]Anything else?

[00:31:44]>> That's it.

[00:31:46]>> All right. I'm going to show you what's entitled trial court certification of defendants's rights to appeal. Did you review that with your attorney? Did you understand it? And did you sign it?

[00:31:54]>> Yes, I did, your honor.

[00:31:55]>> Because this is a plea bargain agreement. Because I followed your plea bargain agreement and because you waved your right to appeal, you do not have the court's permission to appeal. Do you understand?

[00:32:04]>> Yes, your honor.

[00:32:05]>> Judge, real quick, one point of clarification. You're asking for a 60-day jail sanction. Uh, it was below the line on the plea bargain. Uh, I was just asking is you're opposing that or holding in advance or anything like that?

[00:32:15]>> I'm I'm not going to oppose that. Thank you.

[00:32:18]>> All right. Is there anything else from either side? I was just I just wanted to clarify I guess what just happened was so that's that's not being ordered because she has to do the 90 meetings in 90 days.

[00:32:28]>> No, it's just not being ordered.

[00:32:30]>> All right. Anything else?

[00:32:33]>> No.

[00:32:34]>> All right. She said there's victim impact.

[00:32:36]>> All right. Court is calling 2019 CR1429W, State of Texas versus Jacqueline Kate Wood. Can I have parties announce for the record for the state?

[00:32:50]>> Catherine Bard, >> defense.

[00:32:51]>> Michael White for defense.

[00:32:53]>> And are you Miss Wood?

[00:32:54]>> Yes, ma'am.

[00:32:55]>> Showing you what's entitled motion to enter adjudication of guilt and revoke community supervision. Did you review that with your attorney? Did you understand it?

[00:33:02]>> Yes, ma'am. I do. Are you the same Jacqueline Kate Wood who was placed on deferred adjudication in 2019 CR11429W for the offense of aggravated assault with a deadly weapon on October 16th 2019 for a period of four years. Is that you?

[00:33:18]>> Yes ma'am it is.

[00:33:20]>> State um judge the violation of condition number two honor about the 6th day of December 2021 in Bear County, Texas. The defendant Jaclyn P. Would did been in there illegally use a controlled substance, namely methamphetamine, in violation of condition number two?

[00:33:35]>> How do you plead to that? True or not true?

[00:33:39]>> True, ma'am.

[00:33:41]>> The judge will wave the other alleged violations.

[00:33:44]>> Any objections to the state's waiverss?

[00:33:46]All right, Miss Wood, did you understand? By pleading true to violation of condition number two, the court could find it true, grant the motion, find you guilty, and sentence you up to 20 years in prison and up to a $10,000 fine. Did you understand?

[00:34:03]>> Yes, ma'am.

[00:34:05]>> Knowing that, do you still wish to plead true to violation of condition number two?

[00:34:09]>> Yes, sir.

[00:34:10]>> Court will find violation of condition number two true. Is there an agreement?

[00:34:14]>> Yes, judge. Um we're asking for amend for DDRF and then um the MC case loan upon release.

[00:34:24]>> All right. My understanding DDRF that's 32 weeks. So that's not going to happen.

[00:34:31]So um yes >> 48 weeks. All right. So, anything that's above 20 weeks, DDRF is out because I I can't have someone sitting over at the jail waiting for transfer that long.

[00:34:48]Talk to your legislators about that and about funding. I can't do anything about that.

[00:34:55]So, um to >> Oh, they somebody has talked to the legislature. Wow. It's only four to eight weeks.

[00:35:06]So, do you want me to follow that agreement?

[00:35:13]>> Um, actually ma'am, I don't feel that DDR4G for me. Um, because my main my mental frame of mind now is way different than what it was when that tappy ball was done earlier in the year.

[00:35:24]>> Are you on medications?

[00:35:26]>> I've been trying to get on my medication since I've been here in jail. And um I've been trying to get in with the um Center for Healthcare Services to get put back on my medication.

[00:35:35]>> All right. So, here's the thing, Miss Wood.

[00:35:38]You're in deferred adjudication for an offense that could result in you going to prison for 20 years. Everybody has an idea of what their program should be.

[00:35:47]Everybody wants to write their program, their own program. I appreciate that. I internalize what you're saying to me.

[00:35:53]But here's the thing. If we could all write our own programs and we were doing great at it, we wouldn't be here. like you wouldn't have been using because you would be on your program, your own program, and you would be doing just fine on it. So obviously that's not working. So I'm going to deny the motion alter the main conditions to include the MC evaluation DDRF because I see here I've tried intensive outpatient treatment view. Usually what I start everyone on is intensive outpatient treatment and you have been unsuccessful on that. So obviously this third party needs to write your plan. So that's what we're going to do. And you have children and you need to start thinking about your children.

[00:36:49]>> Can I say something?

[00:36:51]>> Sure you can. But it's not going to change the fact that you're going to DVR. Well, I understand that, your honor, but since I've been incarcerated, I've participated in AA meetings and I've also um been acting as trustee within my pod and doing good and positive things. I've also through CPS completed outpatient th counseling back in 2020 with a Dr. Castillo.

[00:37:12]>> All right. But that that outpatient treatment didn't work.

[00:37:16]So, you're doing DDRF. You can either do that. If you don't want to do it, you don't have to do it. I can send you to prison. No, I'd rather not go to prison now because I feel that I don't belong there.

[00:37:26]>> All right.