"I CHANGED MY MIND!" Defendant's 5-Year Deal Rejection BACKFIRES in Court!

Hinzugefügt: 2026-06-02

[00:00:00]Sorry, you Herbert came?

[00:00:03]Is your name Herbert came?

[00:00:04]>> Yes, ma'am.

[00:00:05]>> And I'm going to take judicial notice in Mr. Cain's file.

[00:00:10]Mr. Cain was evaluated for competency to stand trial by Dr. Perpon. I've received that report dated August 13th of 2024.

[00:00:19]Dr. Perpon made the finding that Mr. Cain is currently competent to stand trial. Is there any other evidence with regard to competency, Mr. Parker?

[00:00:29]>> No, ma'am.

[00:00:30]>> Ms. Malfino.

[00:00:31]>> The state >> Then at this time I am going to find that Mr. Cain is competent to stand trial.

[00:00:37]Mr. Cain, you're charged by indictment with the offense of assault on a peace officer and that is from April 3rd of 2024.

[00:00:48]And what that means is if you go to trial and a jury finds you guilty, [clears throat] the range of punishment is between 2 years and up to 20 years in prison. Do you understand what could happen if you go to trial and you're found guilty?

[00:01:01]>> I understand, but can I ask you a question?

[00:01:03]>> Sure.

[00:01:04]>> Yeah.

[00:01:05]I got I guess I approached for camping out, but I wasn't driving that night. I had just came back from the store.

[00:01:12]>> So, here's the thing. The what happened surrounding this offense or what they charged you with, that's information for your your lawyer.

[00:01:22]And if for some reason you're not if you believe you're not guilty, then that's what a jury's for and we can let your case go to a jury.

[00:01:30]And that's what we're going through. So, it looks like the state has made an offer if you wanted to enter a plea of guilty for a 5-year term in prison. You have every right to reject that. Let a jury decide two things. The first is to decide if you're guilty or not. And then if they find you guilty, then they can decide what your punishment is. Do you understand?

[00:01:52]>> I understand, but just just for this being my first offense, I don't even get a offer? don't know.

[00:01:56]>> does Here's the thing. Well, here's the thing. The offers I don't get involved in the negotiations. That's not part of my job. So, the state has made their offer. If you want to take it, you can take it. If you don't, then you let a jury decide. And so, I just want to make sure you understand if you go to a jury what your options are today and what your consequences could be if you go in front of a jury.

[00:02:18]>> And your honor, I I've I've discussed these facts and he's concerned he's had with Mr. Nichols and explained to him the situation after he's had it evaluated but again to talk to about the offer and Mr. Officer I mean Mr. Nichols has remained steadfast on the offer that he's made previously which is his offer today.

[00:02:34]>> Okay.

[00:02:35]>> Just so that you're aware, it's not his first offense. He was actually before you in 2018.

[00:02:42]>> Okay.

[00:02:43]>> So, they came forward >> Burglary of a building it sounds like.

[00:02:46]>> Well, the state jail felony was what >> Mhm.

[00:02:50]>> It was dismissed.

[00:02:53]I've gone over >> Okay. So, it it doesn't appear that it was dismissed.

[00:02:58]But, I just want to make sure what now we're talking about this case. The offer is what the offer is from the District Attorney's Office. So, you either take it or you go to jury trial.

[00:03:08]>> I don't have a felony on my case as far as receiving stolen property.

[00:03:11]>> Look, regardless of that, that doesn't change if even if you had it, it doesn't change the punishment in this one. Okay? That can be figured out by your attorney very easily if you have one or not. So, I just need to know if you want to take the 5 years on this case or if you want to go let a jury decide.

[00:03:30]>> May I ask her a question?

[00:03:31]>> No, you cannot ask her a question.

[00:03:33]>> Our son said that was a felony and not >> It's a state jail felony burglary of a building is what um >> Sorry, excuse >> Go ahead.

[00:03:39]>> It was a felony conviction with Kelly jail time so he may misunderstand that he is already a convicted felon.

[00:03:46]>> Okay, so sounds like you got a 1244 which means you got a state jail felony conviction but you did your time in the Jefferson County jail. So, you do have that state jail felony conviction, even though you did your time in the county jail. That's what the paperwork looks like.

[00:04:02]>> So, that's 12.44A.

[00:04:05]>> Mhm.

[00:04:05]>> Okay, but from what I understood, it got dismissed.

[00:04:08]>> It doesn't It did not get dismissed.

[00:04:11]>> So, 12.44A is not a reduced >> It's where you do your punishment in county jail.

[00:04:18]And I I go over all of that with anyone who's in front of me. So, I'm sure I did the same with you.

[00:04:24]>> That's what I'm saying.

[00:04:24]>> It's a state jail felony conviction, but we're going to stop talking about that because it doesn't matter right now.

[00:04:30]>> I was going to check that out and find out because I ended up going to justice of the peace court like >> That's misdemeanor court.

[00:04:35]>> Exactly. That's what I was there for, the reduction of it.

[00:04:37]>> That's Listen.

[00:04:39]It doesn't matter. Whatever that prior is or is not does not matter on this case right now. This case that you're charged with, second degree felony, assault on a peace officer. The district attorney's office has made an offer of 5 years.

[00:04:55]Take it or go to trial.

[00:04:57]The prior is not what is enhancing you.

[00:05:00]It's not changing this. The offer is what the offer is.

[00:05:04]Do you want it or do you want to let a jury decide?

[00:05:06]>> I I'm on a strict time.

[00:05:08]>> I I I've I've discussed that with him this morning. Judge says approximately 100 days >> So, you're Hang on a second.

[00:05:15]You're asking me questions that your attorney has already gone over. Mr. Listen. Don't talk over Don't talk over me.

[00:05:23]Listen.

[00:05:25]Listen.

[00:05:26]Listen and don't talk for a minute.

[00:05:28]Because I don't think you've been listening to Mr. Parker. Mr. Parker sounds like has explained everything to you.

[00:05:35]He's asked the clerk. She has figured out your time, how much credit you have.

[00:05:40]I don't know how much time He doesn't know how much time you would actually do on a 5-year sentence because it depends on parole and good time and all of that and how you behave in prison. It's a 5-year sentence. You would be eligible for parole after a quarter of it. That's all we can tell you. And he can tell you how much credit you have.

[00:06:01]But it's just eligibility for parole. We don't know when you're really going to make it if you do. That's up to you and how you behave. I need to know if you want to take that or if you want to go to trial.

[00:06:13]So, what do you want to do?

[00:06:15]>> Can I ask you another question?

[00:06:16]>> Sure.

[00:06:18]>> So, you said a quarter of a quarter of it I'll be eligible for parole.

[00:06:21]>> Mhm.

[00:06:22]>> But he said I have 100, you know what I'm saying, 100 days.

[00:06:24]>> Yeah. [clears throat] >> Back time. So, I already did what, like 6 months now and I got 100 days back time.

[00:06:30]>> So, here's the thing. I went to law school because I'm not good at math.

[00:06:34]I have no idea. Well, do the math. I don't know.

[00:06:37]>> Oh.

[00:06:37]>> I mean, it's a quarter of five is >> About a year >> 3/4.

[00:06:43]>> About a year 3 months.

[00:06:44]>> See, you know.

[00:06:45]>> Oh, I was I was trying to make sure.

[00:06:46]That's what I >> We're not here for a math test. Do you want to take the deal or do you not want to take the deal?

[00:06:55]>> He asked me today, Judge, if he would get out if he took the deal. And I said you would not get out today. Yeah.

[00:06:59]>> you don't get out today. You got to go get your number and do all the stuff.

[00:07:02]Mr. Parker's answered all this. I got other stuff to do. Do you want to take the deal or do you not want to take the deal?

[00:07:07]It's not going to be on the table after today. If you reject this offer today, I'll set your case for trial and this offer will be off the table. I'm going to make sure you understand that as well. I don't accept the agreements once I put your case on the trial docket.

[00:07:20]So, what do you want to do?

[00:07:22]>> [snorts] >> We can take it to trial.

[00:07:28]>> Okay.

[00:07:29]Uh so, we'll put your case up. You understand that I'm not going to take this 5-year deal and it's not going to get any better after today. You understand that, right?

[00:07:38]>> How could it not get better if I take >> Because I'm telling you it's not going to get better. I'm not going to accept a plea agreement for less than 5 years after today because I don't play with my trial docket and just put cases on it so somebody thinks, "Well, if I make it [clears throat] last a little longer, maybe I'll get a better deal later."

[00:07:56]This is your deal today. If you don't want this deal, that's fine. It's either going to have a jury decide, which is fine, or the deal's going to be higher, not lower. Do you understand?

[00:08:12]And I'm not doing this to just for everybody on the trial docket. If you want a jury to decide, fine.

[00:08:18]You want the 5 years? Take it today because after today, 5 years is gone.

[00:08:24]What you want to do?

[00:08:29]>> [sighs] >> Let's see.

[00:08:33]So, you pretty much told me in so many words that you weren't going to allow me to to beat my case.

[00:08:39]>> No, I'm completely going to allow you to beat your case. If you want to take it to a jury, 100% we're going to get it set for trial and you'll be up for trial in a whenever the next available trial docket is and a jury can decide if you're guilty or not and if you're guilty, then they can sentence you to whatever they think is appropriate.

[00:08:57]So, absolutely I'm telling you that you can try to beat your case. I just want you to understand that if you want if you think you're putting it on the trial docket to buy some time to get a better deal and then you want to plead guilty later, that's not going to happen.

[00:09:12]>> I understand that if anything, he used excessive force.

[00:09:16]It's not necessary, so >> Well, >> it's not to be a deterrent to public service.

[00:09:21]>> We're not negotiating, Mr. Cain. We're not negotiate You and I aren't negotiating today. The negotiation's done. Do you want the 5 years or do you want a trial?

[00:09:30]>> Can you say the trial the trial will be within like a year?

[00:09:34]>> I have no idea when it will be. It'll be the initial I mean it just goes on the trial docket with everything else. And as soon as it comes up if it's number one that day it goes.

[00:09:45]It depends on how old the cases are. It depends if somebody's in custody. It depends what type of case it is. So I can't guarantee you when your trial will be.

[00:09:53]I would like to think it would be but you know a year or less but I can't for sure tell you that.

[00:10:02]We're doing really good with moving trials. We do the best we can but it I can't tell you for sure when that would be.

[00:10:13]We're not going back to that. Just let me know. [clears throat] We're not number We're We're not going back to a burglary.

[00:10:20]Okay. Do you want the deal on this one or do you want to go to trial?

[00:10:24]Do you want the deal on this one or do you want to go to trial? We're not talking about the other case again.

[00:10:29]What did you do? All right. I'll hold it while y'all >> Notice how the judge zooms out from a single arrest to a pattern of behavior.

[00:10:35]That's huge legally. Courts treat repeat DWIs differently because repeated offenses suggest the earlier punishments didn't change anything. For prior DWIs plus a new arrest while already on bond, that's exactly the kind of history prosecutors use to argue someone is becoming a danger to the community.

[00:10:53]Question for you guys. At what point should bond stop being about freedom and start being about prevention?

[00:10:59]>> Okay. You need to do the paperwork with Mr. Parker this morning and then I'll take care of it in a few minutes.

[00:11:04]No. If you're not no no if you plead not guilty then you go to trial. You're either going to say you did it or you didn't do it.

[00:11:12]If you didn't do it then we're going to set your case for trial. So we're going to put your case on the trial docket.

[00:11:17]And so Mr. Cain, Mr. Parker has been appointed to represent you. He's one of the attorneys who handles a lot of cases for me as a court-appointed lawyer.

[00:11:25]If with your permission I can release him and I can appoint another attorney today who can start getting ready for trial a little quicker. Is that okay with you?

[00:11:33]>> Can I have Mr. Miller?

[00:11:34]>> You You're going to get who I give you.

[00:11:37]>> I was just asking if I could have Mr. Miller.

[00:11:39]>> You're going to get whoever is on next up on the the list. So, it's probably not going to be him, okay? He's not on our list anymore. Yeah.

[00:11:47]All right. So, is it a Do you want to keep Mr. Parker or can I give you another attorney?

[00:11:51]>> I'll get another one.

[00:11:52]>> Okay.

[00:11:53]Mr. Parker's released. We'll give you another attorney. You can go back with the bailiff.