"You Broke Into A Cop's House?!" Judge West Hands Down 10-Year Sentence

[00:00:00]And Mr. Hebert was previously in court and entered pleas of true to counts 1 2 3 5 6 8 9 and 10 in a motion to revoke his probation. He's on probation for driving while intoxicated third or more. This was unagreed. I've received the updated pre-sentence report. Have you both had an opportunity to review that report?

[00:00:23]>> We have, Your Honor.

[00:00:24]>> Have, Judge.

[00:00:24]>> Any additions or corrections to the report?

[00:00:27]>> No more, Your Honor.

[00:00:28]>> Have, Mr. Tate.

[00:00:30]Mr. Parker?

[00:00:31]>> Uh Judge, I mean he my my intention >> [clears throat] >> excuse me was that and what Mr. Feeney and I talked about is that he had some serious health conditions.

[00:00:43]Uh He ended up using drugs. I don't know how long he'd been using drugs in the past. He and I had a heart-to-heart talk.

[00:00:51]Explain the situation he's in and we talked about uh uh Safe P being a great option for him.

[00:00:58]Uh Now, you know, his mind has changed and I I like that him address the court but he he said being in jail has he been in there for a while now. This uh He's said his mind is clear and he's having he was here before on oxygen and he's able to breathe better than he's been with emphysema and all the other issues that he's had and and but he's indicated he just wants to take his time and and I mean my position is that I mean I think I think personally think Safe P is probably the best thing for him.

[00:01:28]Uh But at the same time if if it's he doesn't want it and it's then why take a bed and somebody else could use it. I'd like to let him address the court, Judge.

[00:01:37]>> So, Mr. Hebert, the the recommendation was for potentially Safe P and to get you that help. Are you saying you don't want that?

[00:01:45]>> I'd like to go back to probation and get help from home.

[00:01:47]>> Well, that that's not going to happen.

[00:01:49]>> That's okay.

[00:01:49]>> Yeah, so it's either Safe P or prison.

[00:01:52]>> Safe P.

[00:01:56]Yes, ma'am.

[00:01:56]>> So So, here's the thing about safety. It's an expensive program.

[00:02:01]And I don't want you to kind of like what Mr. Parker said, go just take up a bed and we pay 70-80 thousand dollars for you to go and you don't get what you need out of it. If you don't go in with the right mindset, then it's going to be a waste of everyone's time. If you want that help, I'm willing to give it to you.

[00:02:20]>> Yes ma'am.

[00:02:21]Please.

[00:02:22]>> Miss Malfino?

[00:02:23]>> If I may respond with that I think I I think part of his his attitude was he was when he first when he did the PSI is that he was like, you know, I'm on drugs and I think maybe now that he's been there he's cleaned up a little bit and not on drugs and realized it that the help he really needs that.

[00:02:45]>> I mean you tested positive one month after having an angioplasty and a stent.

[00:02:50]You started using drugs again. So obviously you had need some help.

[00:02:54]>> Yes ma'am.

[00:02:54]>> If you're doing that one month after that kind of scare. So >> Yes ma'am.

[00:02:58]>> Miss Malfino, anything to add?

[00:03:00]>> No.

[00:03:01]>> So Mr. Hebert, I'm going to um I'm going to give you this opportunity and I hope you take advantage of it. I'm going to find that you entered your plea of true freely and voluntarily, find all of those counts true, find sufficient evidence to revoke your probation, but I'm not going to do that today.

[00:03:20]I'm going to continue you on probation.

[00:03:24]So you were put on in September.

[00:03:26]>> When did you have the prior misdemeanor?

[00:03:28]>> Um I'm going to order that um as a condition of your probation you enter and successfully complete the safety program. Um if there are still ongoing medical needs and they'll put you in the special needs safety to make sure that any of that's taken care of as well. So I'll let them determine which one, but it probably would be the special needs if you're still having some ongoing health issues.

[00:03:50]This is your opportunity to get clean, live the rest of your life, finish your probation, and not go to prison.

[00:03:56]>> I'm pretty sure.

[00:03:57]>> It You're not going to get an opportunity like this again, so take advantage of it.

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

[00:04:00]>> So, this was not an agreement.

[00:04:03]So, I'm going to hand you the trial court certification. You have some rights to appeal. Can't imagine that you would since I just did what you asked me to do, but here is for you to sign at the bottom, and then just give him the bottom flip.

[00:04:16]>> You ordered.

[00:04:28]>> Brent Smith >> I'll take a judgment.

[00:04:32]>> Take a judgment.

[00:04:42]>> I'll take that one.

[00:04:43]>> That one.

[00:05:07]>> Good morning. Are you Brent Smith?

[00:05:08]>> Yes.

[00:05:09]>> And this is cause number 26 DCCR 0128.

[00:05:15]Mr. Smith was previously in court, entered a plea of guilty to burglary of a habitation. It was an agreement. I've received the pre-sentence report. Have you both had an opportunity to review that report?

[00:05:27]>> Yes, your honor.

[00:05:28]>> Yes, sir.

[00:05:31]>> Any additions or corrections?

[00:05:33]>> None your honor, judge. Nothing to state.

[00:05:52]>> So, my concern here is the drug issue and the type of drug specifically with PCP and I'm not real sure that I'm just considering potentially ISF for some treatment.

[00:06:29]>> That was part of the information packet.

[00:06:30]>> I don't see that. I thought it would I I don't >> It does substance abuse. It was part of the >> Okay. Well, I it's not on here, but that's what made sense to me, so >> Yes, ma'am. That was part of the deal.

[00:06:43]That's the only reason probation was offered in this case.

[00:06:44]>> Okay.

[00:06:46]Got it.

[00:06:47]All right. So, Mr. Smith, I'm going to find that you previously entered your plea of guilty freely and voluntarily.

[00:06:53]Find sufficient evidence to find you guilty. However, I'm going to follow the agreement that you made with the District Attorney's Office and defer all proceedings, place you on probation for 10 years. You're ordered to pay a $500 fine and to follow all of the rules and conditions of probation.

[00:07:09]That is going to include entering and successfully completing the ISF substance abuse track program. And then once you're released from that, you'll be on the specialized mental health case load and be required to follow all of the rules, all of the recommended treatment, including medication, whether you feel like it's something you need or want. If they recommend it, it's going to be part of your probation that you have to follow all of those rules and recommendations. Do you understand?

[00:07:34]Um and uh it looks like any other follow-up treatment from after ISF and obviously you are to remain away from 4325 Galveston Street. You cannot be anywhere near that location. Do you understand?

[00:07:53]>> Mhm.

[00:07:55]>> All right, I'm going to hand you the chocolate certification. It shows this was an agreement that I followed and you waived your right to appeal.

[00:08:02]You're very lucky, sir.

[00:08:04]Uh because the house that you broke into >> Yes, ma'am.

[00:08:09]>> Most houses that you break into nowadays, you could end up with someone taking care of that on their own, especially if you enter into a law enforcement officer's house and traumatize them and their family. So, do you understand the seriousness of this?

[00:08:24]So, if you do everything you're supposed to on this probation, this is a great opportunity. You don't have the conviction on your record. We're going to get you the help you need. You can be successful.

[00:08:33]But the other side of that is if you violate any condition of probation at all, you will be back here in court. You could be found guilty of the offense and sent to prison anywhere in the range of punishment, which is between 2 years and up to 20 years. Do you understand? All right, you can go back with the bailiff.

[00:08:48]>> Thank you, Judge.

[00:08:50]>> Hillary Davis.

[00:08:51]>> Here, Judge.

[00:08:52]>> And Mr. Rohrbach, will your client waive the formal reading of the motion?

[00:08:55]>> She will, Your Honor.

[00:08:56]>> Ms. Davis, in cause number 23 DCCR 1551, I have a motion to revoke your unadjudicated probation. It shows that you were placed on probation March 11th of 2024 for credit debit card abuse as stated jail felony and that was a 5-year deferred probation. Is that correct?

[00:09:13]>> Yes, ma'am.

[00:09:14]>> This motion alleges that you violated your probation. Count one alleges that you committed the offense of possession of a controlled substance penalty group 1-1B um April 29th of 2026 and is that true or not true?

[00:09:28]>> true.

[00:09:33]>> Count two alleges that you failed to avoid persons or places of disreputable or harmful character, specifically that you were at a place where criminal act was being committed and you were accompanied by a co-defendant named Jonathan Rito. Is that true or not true?

[00:09:49]>> True.

[00:09:51]>> Count three alleges that you failed to work faithfully at suitable employment and provide verification of that to probation. Is that true or not true?

[00:09:58]>> True.

[00:09:58]>> Sorry.

[00:10:00]Count four alleges that you possessed a drug, cocaine, April 29th of 2026, and is that true or not true?

[00:10:07]>> True.

[00:10:08]>> Okay.

[00:10:11]Count five alleges that you admitted to your probation officer that you used illegal drugs, marijuana and cocaine, April 21st of 2026, and is that true or not true?

[00:10:21]>> True.

[00:10:23]>> Count six alleges that you failed to never become intoxicated or under the influence of an intoxicating substance, that you tested positive on April 10th of 2026 for cocaine and marijuana, and is that true or not true?

[00:10:36]>> True.

[00:10:38]>> Count seven alleges that you failed to provide verification of performing the community service hours as required. Is that true or not true?

[00:10:46]True, you said. I'm sorry.

[00:10:47]>> True.

[00:10:48]>> Count eight alleges that you were at a location other than your residence at approximately 1:56 a.m. April 29th of 2026. Is that true or not true?

[00:10:57]>> True.

[00:10:58]>> Count nine alleges that you are behind in your payment of restitution as of May 19th, 2026 in the amount of $297.50.

[00:11:09]Is that true or not true?

[00:11:10]>> True.

[00:11:11]>> And then count 10 alleges that you failed to pay court assessed fees as directed and as of May 19th of 2026, you're $2,128 in behind. Is that true or not true?

[00:11:22]Did you enter your pleas of true to counts two, three, and then five through 10 freely and voluntarily?

[00:11:30]And did you plead true to those counts because they're actually true?

[00:11:32]>> True.

[00:11:33]I have here on the table some documents that have your signature on them that the state's marked as exhibit number one. Before you signed these, did you go over them with Mr. Littleboss? Do you fully understand them?

[00:11:44]And do you understand if I follow the agreement that you've made with the district attorney's office that you'll be waiving or giving up any right to appeal?

[00:11:51]And it looks like that agreement is for a cap of 18 months in the state jail prison, which means we'll come back, I'll get an updated report from probation, have a hearing on sentencing at a later date as as long as I give you 18 months or less, then you're waiving that right to appeal. Is that what you want to do?

[00:12:07]State tenders number one.

[00:12:08]>> No objection.

[00:12:09]>> It's admitted. Is there any evidence that Ms. Davis is not competent?

[00:12:13]All right, ma'am, I'm going to find that you entered a plea of true to counts two, three, and then five through 10 freely and voluntarily, find these counts true, find sufficient evidence to find you guilty and revoke your probation. I'm not going to do that today. I'm going to reset your case for sentencing, ask the probation department to do an updated report. Anything that you think is important for me to know, get that information to Mr. Rojas and he'll present it to me on your behalf when we come back. All right, you're welcome. You can go back with the bailiff.

[00:12:40]Do you anticipate a hearing any information with regard to count one?

[00:12:44]Are you in >> know if that's the case or not. I don't know if that's the case or not. My office probably haven't even come back yet.

[00:12:49]>> Okay.

[00:12:50]I mean, that's fine. She's admitted everything else, so >> I thought I could get the old search warrant if they didn't even make a pass so I can advise >> If you if you have if you think you're going to get it, just let us know. We can do it at a little 11:00 or something, but uh for now we'll just do it on a regular docket. Thank you.

[00:13:05]All right, um this is cause numbers 26 DCCR 0322 and 0323, and you're Nacir Brown.

[00:13:17]Are you going to answer out loud or no?

[00:13:19]>> Sorry, I just want to discuss some things right now.

[00:13:21]>> Okay. So, I just need to make sure um we I obviously I recognize you from being here before. I've I'm also going to take judicial notice of the court's file and including a letter that you wrote to the court. In that letter, it does state from you that you were X R E A R E L or R E. I can't read it, but anyway, Nacera Lewis Brown. So, you're you're telling me that at one point in this letter you were Nacera Brown. And so, Mr. >> Nacera Lewis >> Mr. Rojas, what is the announcement?

[00:13:58]>> Judge, Mr. Brown has told me on two different occasions now that he does not want a court-appointed attorney attorney. He wants to represent himself.

[00:14:07]And I think he wants to address the court about that at this moment.

[00:14:10]>> I go by what I identify as.

[00:14:11]>> Babe, got it.

[00:14:12]>> That's the name. That's actually what I go by.

[00:14:15]>> That's fine.

[00:14:15]>> Nacera Brown is is a thing of the past.

[00:14:18]>> Well, and here's the thing. Unless you've changed your name and and I'm and I'm going to respect that that's what you want to be called and that's what you have >> That's what I go by.

[00:14:25]>> and and that that's who you are, but that if you have not changed your name legally, then I have to go by that legal document documentation in the state of Texas, which is driver's license, identification cards, and what you were previously known as. So, let's just get past what I'm calling you and let's deal with what the cases are and what we need to do about those, okay? So, for purposes of what you want to do in the future, what Mr. Rojas is saying that you want to represent yourself, I want to admonish you to a few things and then ask you some questions about that also.

[00:14:59]The first thing I'm going to tell you is that representing yourself is a terrible terrible idea because you will be required in any proceeding to know all of the rules and everything just like the lawyers. You have to follow the rules of evidence, the rules of Texas evidence, the rules of Texas criminal procedure, whether you think they apply to you or not, they're going to apply in this court. So, what happens is if you get in front of me, it's one thing. We can have this a little bit of patience, and I'm going to go, but you get a jury in there, and if you want a jury trial, and you want to present a case to a jury, and you're not doing it right, it's just going to get worse for you.

[00:15:39]I'm going to have to shut you down. I'm going to have to not let you enter certain documents in if you don't know how to do it properly. You're not going to be able to question certain witnesses if you're not doing it properly. So, it's really, really a terrible idea to represent yourself. Um if you insist on that, I can go through some some questions. Uh but I'm assuming uh am I correct that you don't have any formal legal training? Have you ever been to a school or any kind of legal training?

[00:16:07]>> No.

[00:16:08]>> Okay. So, there So, then am I right to say that you don't know what the Texas those rules are and how to pick a jury or enter in evidence certain items at a trial and things like that, correct?

[00:16:21]>> No.

[00:16:22]>> You do know how to do that?

[00:16:25]>> To a degree, yes, I do know.

[00:16:27]>> So, you would know how to properly under Texas law pick a jury and go to trial.

[00:16:36]I'm going to tell you this, I didn't even know how to do it when I graduated law school.

[00:16:40]There's no way you know how to do that.

[00:16:41]And I'm not And I'm telling you this for your own good.

[00:16:46]It takes practice, and it takes sitting with people and learning and going to school to be able to really represent someone.

[00:16:55]I, as an attorney, and I bet these attorneys will tell you the same, if they were in trouble, wouldn't represent themselves.

[00:17:03]One of the first things we're taught in school, I was taught, don't ever think of If you represent yourself, you have a fool for a client.

[00:17:12]That's what our professors told us.

[00:17:14]Because you don't You're not able to represent yourself even as an attorney.

[00:17:19]You should get another attorney.

[00:17:21]So I really really strongly recommend that you let Mr. Rojas help you. Mr. Rojas is a great attorney.

[00:17:30]He understands this process. He has a good relationship with the District Attorney's Office. He will either get you the best deal or if you want to go to trial, we'll get you an attorney, Mr. Rojas or someone else that can take your case to trial.

[00:17:46]So if you want to go to trial, the first thing you have to do is reject a plea offer. So if Mr. Smith has made an offer, then you need to sign something that says I don't want that, I want to go to trial. Mr. Rojas can get that this morning. It's not committing you to anything other than saying, I don't want to take that deal, I want to go to trial. I need that in my file so that I know why we're in trial. Does that make sense?

[00:18:11]So I need you to sign that rejection and then we'll get your case set for trial and we can talk about representation whether or not I'll be Mr. Rojas or whether it'll be someone else who can get ready for trial as well, okay? So y'all go sign that and then I'll go over everything with you in just a minute.