He Bit A Cop.. Then Told Judge Stevens THIS

Añadido: 2026-05-11

[00:00:00][music] >> All right, two cases here, 24 CR844 and 845. And I know you're probably bored about hearing us talk about these things, but it's important that you keep being reminded so that you're fully aware of what it is you're facing so that you can make the most informed decision on how your life will head one direction or the other. You were charged with a state jail felony of burglary of a building in 24 CR844, which you probably know carries with it up to 2 years in prison.

[00:00:37]In 24 CR845, you were charged with assault on a public servant, a third-degree felony, which carries with it, if convicted, up to 10 years in prison.

[00:00:49]All right, David Grove is your attorney.

[00:00:52]The I think this is an announcement on these two cases. What are we announcing today, David? Your Honor, Mr. uh uh Mr. Torres, we had reset the case to find out uh about some restitution in the case. And I have been uh been told by the prosecutor that the the plaintiff will not get back with them to give them any restitution, which I think would be rather substantial.

[00:01:17]And so therefore, the offer for Mr. uh Torres uh is uh 15 years. And Mr. Torres wants to reject this.

[00:01:28]>> state jail felony?

[00:01:29]>> I may need to cap the 15 offer. It's a state jail felony with the assault on a public servant that is enhanced due to his priors. They're not alleged in the indictment. So, we do need to file a notice of enhancement. He got 18 years on a burglary of a habitation uh back in 2015.

[00:01:47]So, the state has made an offer of a cap of 15 years on the assault on a public servant.

[00:01:51]>> So, it's 2013.

[00:01:55]Uh Judge Torres >> Oh, it's always on or about. She's She's correct. She made made this uh offer.

[00:02:02]She said she indicated she would be fine >> going to go uh some kind of a Just a notice of enhancement.

[00:02:08]>> of of enhancement. That means the state jail felony would not uh changed, but the third-degree felony then can be punished as though it were a second-degree felony punishment, right?

[00:02:23]So, he's looking at up to 20 years in prison for that. What was the offer again? A cap of 15.

[00:02:29]>> A cap of 15.

[00:02:31]So, he would be looking at deferred or uh one option is deferred or unadjudicated probation up to 10 years in length. Yes, sir. Uh he could be placed on a 10 15 years of Then standby.

[00:02:45]Hold on.

[00:02:46]He is He is charged with assault uh on a public servant.

[00:02:52]Okay, so I'm uh so he's not eligible for regular probation on that >> court, no sharing. And he's not eligible for a jury because he had been previously convicted. This is why I read So, he's got uh the options are deferred or unadjudicated probation or flat time, which would be in the state jail felony, no less than 180 days up to 2 years.

[00:03:15]And in the third-degree felony enhanced to a second-degree felony, no less than two, no more than 20 years confinement.

[00:03:23]Yes, sir.

[00:03:24]Uh >> those are the different options that everybody has to be considering.

[00:03:28]Before the court sets this to trial, which I think would be probably the the next step if we can't work out anything, uh I believe Mr. Torres would like for me to contact the victim in this case and see about the restitution. If they don't want the restitution, which is what's been indicated, I guess. Uh but this is a business and I think they might want the restitution. If we could reset this for a couple of weeks, and this is not because the state hadn't done their job, because they have contacted them.

[00:04:01]Hold on, though. But I have his How would that affect the >> It It will not affect the offer. The state's offer will remain the cap of 15.

[00:04:08]We would just add the restitution onto the cap of 15 if there is any, but >> Yeah, what I'm saying is what I I was going to say is that really wouldn't have an effect on the assault on a public servant, whether the the burglary of a building It would have an effect on that case, but that in the in the end of the day, that's the much lesser serious offense than the assault on a public servant. And that that's where the decision probably will be centered around is the facts and the circumstances of that case, I'm thinking.

[00:04:45]Uh but but on the burglary of a building, it number one, why would you even Why would you even I I You certainly can do whatever you want, but she says they're not getting back and they don't seem interested in getting back with her. Why would you want to open that door and you go, "Oh, yeah, now that you mention it, I do think uh maybe he owes some I don't know. Uh maybe a sleeping dog Let a sleeping dog lie is not a bad idea, but once again, I'm talking out of out of school. And that's y'all's business, but at the end of the day, the burglary of the building, I don't think is is In other words, if I understand that that is not to me If If it were in front of this court, the burglary of a building, it's serious. Uh and uh there's some involvement of what appears to be uh damage, but the assault on a public servant with the prior conviction is under law what is the elephant in the room. 20 years up to 20 years in prison versus up to 2 years in state jail. It's clear which one is much significant than the more significant than the other.

[00:06:07]And let me let me look at something here.

[00:06:11]Well, this This all happened at the time they were in the police were investigating this burglary of the building.

[00:06:18]>> [snorts] >> Okay, the uh this is the Bone and Joint Clinic? Yes. Uh yes, sir.

[00:06:29]I'm certainly the judge. I'm not trying to say that that should change.

[00:06:34]No, I'm trying to figure out what the facts are here. And this is was in a gown.

[00:06:40]Normally, we don't get cases where someone is wearing a half gown and burglarizing a building. Yes, Your Honor.

[00:06:52]Looks like Was he in the facility? He wasn't in the facility.

[00:06:56]>> uh as a patient? No, he was not a patient. He broke in through a a glass, stole the hospital gown, and was wearing it when the police found him.

[00:07:05]A half gown? Yes.

[00:07:06]>> With with the back? Your your buttocks and all are showing? Yes.

[00:07:11]I I know I don't know, Judge, about that particular point, but he was wearing a gown.

[00:07:15]>> hard to just run down the street without getting noticed if you're fleeing from a scene of something, you know. Yes, sir.

[00:07:21]This was This was after the the clinic was closed and everything, but I believe he did substantial damage to in the interim uh the clinic. Uh but then was found by the officers basically asleep, I think, and wearing a gown.

[00:07:38]And they just say he's wearing a gown, so I don't know.

[00:07:42]Ms. Doll probably got to see the photos, but I haven't seen them yet.

[00:07:46]I don't doubt what she's saying. I'm not I'm not saying that.

[00:07:50]But if that won't have an effect, Judge, on whether there is restitution or not, won't have any effect on what the offer is, then What what?

[00:08:00]What happened uh on this criminal mischief? At the end, it says the defendant >> He uh in the police vehicle, that uh car camera, he ripped out the cables to it, so he broke that as well.

[00:08:13]And he has that misdemeanor charge pending.

[00:08:19]Okay.

[00:08:20]Okay, uh back to this uh square one. Uh What do you want to do today, David?

[00:08:26]Uh I believe Mr. Torres wanted me to ask to have this uh the case uh reset so we check in on the restitution.

[00:08:36]That was before we had the conversation.

[00:08:39]Uh I don't know that it's going to change anything from the offer or from the What do you want to do? Well, it's up to you. What do you want to do? You want to set it for trial?

[00:08:49]Uh I was hoping to get probation or something. I mean, I don't understand. Like I don't get how to uh I've never been in with convicted of a assault assault on public servant on my uh job record.

[00:09:04]>> That's not what you're charged with.

[00:09:06]This reci- recidivism as an assault. You have any felony conviction that is above a state jail felony is used to enhance punishment for a subsequent offense if you're found guilty of a felony.

[00:09:21]That's just the rule of law.

[00:09:23]Doesn't matter what it is.

[00:09:26]And I believe you heard the >> He What he says is a cap.

[00:09:30]Uh and it would be for this court to decide whether what it is. And I'd listen to everybody and make a decision. But there are different options, but there's two.

[00:09:40]Uh deferred or unadjudicated probation.

[00:09:44]And uh and uh looking at up to 15 years flat time. And that would be no less than two, no 15.

[00:09:55]The court would be looking at in that >> offer? Well, Let me try to understand what I understand the offer to be and that might Why don't you talk to him and I think it's best you you talk to him because so y'all don't have to do that here on YouTube. Those are the kinds of things that are kind of personal between y'all two.

[00:10:17]Y'all need to discuss it and your life This is in a crossroads. You're going to either go that way or that way and it's an important decision and they lead in different directions. So Summary again David Torres in cause number 24 CR845 Yes, sir. David Torres is his attorney.

[00:10:39]He waives a formal reading of the indictment. Can we proceed in summary?

[00:10:42]Yes, sir. In summary this indictment alleges that on or about March 11th, 2024 in Jefferson County, Texas, it alleges you David Torres Jr.

[00:10:56]committed the third-degree felony of assault on a public servant. Do you understand what you are charged with in this case? Yes, sir.

[00:11:05]Now, in addition to this charge, the state of Texas has filed shortly before this hearing this morning on July 22nd, 2024 something called a notice of state's intent to use prior convictions for purpose of enhancement at punishment and notice of intent and that is that it is alleged that you were finally convicted of the offense of burglary of a habitation on August 12th, 2013 in the 252nd District Court of Jefferson County, Texas in cause number 13-16367 and were sentenced to 18 years in prison.

[00:11:49]All right, do you understand what you have been charged with with the indictment and then also included this notice of state's intent to use prior conviction. It says convictions but it's one singular conviction to enhance the punishment range one level and that would turn this from a third-degree felony punishment as indicted to a second-degree felony punishment based upon the notice of intent to use prior conviction because people are sentenced in the state of Texas as well as federal court in jurisdictions across the land for the circumstances of the crime and other prior criminal behavior. That mixes into the batch to determine what a punishment should be in each case. He understands.

[00:12:43]Yes, sir. So, does the defendant waive any additional time of preparation based upon this notice being filed this morning? Yes, sir. All right. And are you waiving any additional time to prepare Mr. Torres voluntarily, knowingly, intelligently and based upon discussions with your attorney? Yes, sir. So, what we're looking at here is second-degree felony punishment which means you face a term of not more than 20 years or less than 2 years in prison.

[00:13:16]In addition, a fine may be assessed not to exceed $10,000. Do you understand?

[00:13:20]Yes, sir.

[00:13:23]An agreement's been reached where you would be pleading guilty being exposed to up to 20 years in prison, second-degree felony punishment.

[00:13:32]Whatever sentence shall not exceed a cap of 15 years in prison. Also, the state is going to dismiss cause number 24 CR844, the state jail felony of burglary of a building. Is that your understanding of the agreement? Yes, sir. If I follow this agreement, you have no right of appeal of your case. Do you understand?

[00:13:56]Yes, sir.

[00:13:58]Please.

[00:14:04]Also, do you see what the options are? You're looking at no less than two nor more than 15 years confinement in prison.

[00:14:14]Up to 10 years deferred or unadjudicated probation.

[00:14:20]Yes, sir. And What about the option of regular probation?

[00:14:32]Your honor, the allegation says this is an aggravated assault against a public servant.

[00:14:36]>> It's not aggravated. It's just an assault on a public servant and there was no weapon used.

[00:14:41]Then The way the indictment is alleged is intensely, knowingly or recklessly causing bodily injury by biting the defendant on the hand.

[00:14:54]So, the allegation is not serious bodily injury. It's bodily injury.

[00:14:59]So, the way it appears to me, the way it is indicted the uh without any further proof just the allegation, I think he's I think he's probably eligible for regular probation. Which is no less than two nor more than 10 years confinement in prison.

[00:15:22]And then that would be suspended and you could be placed on regular probation up to 10 years.

[00:15:29]So, I think that is an option.

[00:15:33]Uh but uh uh biting someone with using their mouth can certainly we can certainly uh use our imagination that that is capable of causing serious bodily injury or even death if Yeah.

[00:15:56]>> done in a in a very aggravated fashion.

[00:16:01]Like that one guy in the Certainly if you've watched Silence of the Lambs, huh? Oh, yeah. But but nonetheless, that's not the way it was indicted and I think here they're not alleging if the the inference is not because it's not saying serious bodily injury. It's just capable of causing bodily injury. So, that does not rise to the definition of a deadly weapon.

[00:16:22]If I follow this agreement, you have no right of appeal of your case. Do you understand, sir? Yes, sir. How do you plead to this, guilty or not guilty?

[00:16:30]Guilty. Are you pleading guilty voluntarily, that is on your own free will and because you are guilty? Yes, sir. I'll show you what's marked as state's exhibit one. Did you sign that document voluntarily?

[00:16:43]Yes, sir. Did you understand it? Discuss it with your attorney? Are the contents all true and correct? Yes, sir. State's exhibit one is tendered into evidence.

[00:16:50]No objection. Without objection, admitted. Among other things, the state you are mentally competent to enter your guilty plea which is freely and voluntarily made. You know what you've been charged with. The indictment's been read to you. You've read it. You are guilty of the crime charged and any lesser included offenses. Also, you are taking into account this notice of state's intent to use prior convictions a conviction to enhance the punishment range. You are aware and of that and have discussed that with your attorney.

[00:17:17]You are giving up your rights to a jury trial, the right to the appearance, confrontation, cross-examination of witnesses, totally satisfied with the representation provided by your lawyer.

[00:17:25]All of this is true so help you God.

[00:17:27]Yes, sir. State's exhibit one is made a part of the record for all purposes.

[00:17:31]Pre-sentence report is waived or no, we need one.

[00:17:35]We're going to need one.

[00:17:35]>> we we would waive one but I think the court probably would want one.

[00:17:38]>> we ought to have one. Of course, you get credit for all time, sir. Don't worry about that but we're going to order a pre-sentence report and return back on August 19th.

[00:17:49]Okay.

[00:17:50]Uh and we will come back. Everybody will have a chance to sound in and then the court will make my decision on your fate. Do you understand what's happened, sir? Yes, sir. Okay, anything else? No, your honor. If not, then we are in recess on this. Thank you.

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