Repeated jail violations, including fighting, bullying, and disrespecting officers, can result in the rejection of plea agreements and the revocation of probation, potentially leading to significantly longer prison sentences (up to 20 years) instead of the originally agreed-upon probation terms.
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Judge Raquel West DESTROYS Teen After 21 Jail Incidents — 'Stop Acting Like a PUNK!Added:
So, >> [laughter] >> Mr. Blunt, you're on probation for an extremely serious offense. I could be sending you to prison today for a very long time for violating your probation.
Uh Mr. Bushnell, you were previously in court and you had pleaded guilty to the third-degree felony offense of evading arrest or detention with the use of a vehicle and the second-degree felony offense of engaging in organized criminal activity.
Those were for agreements of a 10-year probation deferred in each of those cases. I have received the pre-sentence report. Has everyone had an opportunity to review that report? Yes, ma'am. I have.
Are there any additions or corrections to the report?
>> Uh just that it may indicate that he doesn't take full responsibility, but after speaking with him, he does take full responsibility for his actions and involvement in both cases.
>> [clears throat] >> I've also reviewed um jail incident reports. Have you both been given a copy of those?
>> Yes, ma'am. I have.
>> So, you're 17 now?
>> Yes, ma'am.
>> [clears throat] >> I think he turns 18 on >> December 26th.
>> And I you all know that because of his his age, I we want him to have the opportunity to um get his life together. Obviously, not going into adulthood with felony convictions. Um I have preached to him the importance of following the rules and not >> And you can't do it.
Can you?
>> I can.
>> You cannot. 21 incident reports since January 25th of this year. 21.
Fighting, calling officers names, stealing food, instigating fights, being a bully to other people in the dorm.
Ridiculous. So, if you can't follow rules in the jail, what makes you think you're going to come in here and I'm going to say, "Sure, go be on probation out in our community." After y'all shot gun, I mean, this is serious.
I'm tired of the shootings. I'm tired of people You could have killed somebody.
And because you accidentally didn't kill somebody, you get to get a probation.
Not today.
Um if I could send you to ISF, I would consider it. I can't. At this point, I'm going to reject the plea agreements. Um we will set the cases uh for a review in about 30 days. Let's see where we are, go over his options, y'all talk. Um if I can always do, you know, upfront time, but we've got to get to a certain point where that would make sense. And so, at this time, I'm just going to reset the cases. Again, I'm rejecting these plea agreements. And let me tell you, you get more of these, it's only going to get worse.
I'm going to see them.
A jury's probably going to see them if you not probably a jury will see them if you go to trial.
And you're going to end up in prison for up to 20 years because you can't follow the rules in our jail and you're acting like a little punk.
So, go stop acting like a punk, prove that you can behave, then we'll see what happens when you come back next. I'll see how many of these I have.
So, it looks like the recommendation is substance abuse.
>> ISF. Our substance abuse ISF.
>> Well, it's It actually says substance abuse cognitive, and we can't do both.
So, >> Is there one more than the other that you recommend?
>> Ooh.
>> Understanding that the problems are are both cognitive and drug, in your in your opinion, what do you think is that?
first, addiction second.
>> Okay, that would make sense.
>> So, that would be our >> [clears throat] >> I understand this isn't an agreement, I don't think, but this is what we're asking the court to do based on the pleas that have been entered in the probation report. I guess we're on track then.
Mr. Talking to Mr. Blunt, I think that he he will do obviously he's not going to refuse ISF. He was going to suggest that he's using or has used marijuana or THC in the past to cope with anxiety issues and and in lieu of ISF, perhaps try to pursue something through N S M R.
>> Well, he didn't just use THC, he also used methamphetamine and I'm pretty sure that's not very good for anxiety.
>> Well, he's not contesting that.
>> Yeah.
So, Mr. Blunt, you're on probation for an extremely serious offense. I could be sending you to prison today for a very long time for violating your probation.
Sounds like probation's willing to work with you. You've done some positive things while you're on probation, which are good that you are going to treatment, you've made a great deal of progress. Those are the things that I'm really concerned about, but they're not the only things I'm concerned about.
You've got to follow all of the rules, not just some of them. You've got to get this drug deal kicked. If you don't, you're going to go to prison over drugs instead of really what you are the underlying offense is. Do you understand?
>> Yes, ma'am.
>> We're going to give you the opportunity.
We're going to give you treatment. You take advantage of it and change that part of your life, great. If you don't, you're back in here and this is going to be zero tolerance.
There's no messing up at this point.
>> Yes, ma'am.
>> Do you understand?
>> Yes, ma'am.
>> If the treatment that you're getting through JCDI is not enough, it's going to be up to you to be a grown-up and go to probation and say, "I'm feeling tempted. I need more help."
Nobody wants to go into custody for more help, but it's better to go in for 90 days than it is to go to prison for up to 20 years.
Right? Okay. So, in cause number 15-21380, I'm going to find that you entered your plea of true to counts two and three freely and voluntarily, find those counts true, find sufficient evidence to find you guilty and revoke your probation, but I'm not going to do that.
I'm going to follow the recommendation of the district attorney and probation and continue you on probation in order that you enter and successfully complete the cognitive track of the ISF program, and then when you're released, you will enter and successfully complete the JCDI program.
These programs are doing two different things. The first one is to help you make better decisions. It's about thinking and making better decisions.
The JCDI program is the drug intervention program to help you with what you need hopefully to um stop using drugs. So, you're going to have all the tools that you need.
In all likelihood, you will be convicted and you will be going to prison for a very long time. Do you understand?
>> Yes, ma'am.
>> All right. Good luck to you, sir.
Mr. Phillips, if I give you this opportunity, there number one, there aren't any other things to do.
You will have had everything we have to offer at that point if I send you to safety. We will have spent probably over a hundred thousand dollars on you individually for this help.
Do you understand?
>> Yes.
>> the opportunity and I don't want you to go take this bed from someone else and not take advantage of it because that's what you've done so far.
So, if you really want this opportunity, then it's time to take advantage of it and this will be you'll be on zero tolerance. There will be absolutely not a single mistake you can make on probation or you will be back in here and you will be looking at um was it a five over five or what was it?
>> No, it was a 10 year sentence.
>> You've already agreed to a 10 year sentence.
So, we don't even have to have a hearing. No one has to offer anything or say anything. I'm telling you now you'll get your 10 year sentence. You've already agreed to that. This is a convicted probation. There's no thought process that any of us have to have if you violate again. You understand that?
And I'm sure Ms. Molfino will make a notation. If we're back here, she'll remind me of that.
And I'll have this pre-sentence report that I've looked at and um it won't be good, right?
All right. So, what I'm going to do then is find that you entered your plea of true to counts two through six freely and voluntarily. Find this counts true.
Find sufficient evidence to revoke your probation, but I'm not going to do that.
I am going to continue you on probation.
I am going to extend your probation for three years and order that you enter and successfully complete the safety program.
Whatever aftercare probation thinks is necessary if it's the JCDI program or some other aftercare, you'll be required to do it so that you can continue to make good decisions and get this probation over with. Again, if you do that, then your case here in court's over. You'll get to serve that 10 year sentence while you're out on probation.
If you don't, you will be again on the zero tolerance and that means if you violate, you'll be back in here and you'll be looking at that 10 year sentence, right?
Obviously um there wasn't an agreement. You do have some rights to appeal. I can't imagine that you want to do that, but I'm going to hand you this certification that shows and I need y'all to sign that and you can give him the bottom copy.
Thank you for being here and thanks for covering. Uh Yep.
Okay.
>> I'll I'll get these orders and I you know um >> Also, and I don't know. I know there was some issues um when I read this with the self-medication with maybe some mental health issues. I don't know if there's enough for him to >> We didn't have any proper, yeah, like actual diagnosis. It was just more from conversations.
>> So, I don't know if we want to do an evaluation just to make sure that special needs safety wouldn't be more appropriate. It may not be, but um if y'all could just look into that. But, one or the other.
>> Yes, sir.
>> Thank you.
>> All right. Thank you.
>> the order. I'll get him to sign it and I'll take it to him.
>> Thank you, Dana.
>> Thank you.
Bryant Jordan All right. This we're back here. You're again Khalil Bradley Harris.
>> Yes, ma'am.
>> And this is 25 DCC or 1334. And I've already gone through um with Mr. Harris his plea to the lesser included offense of a class A misdemeanor unlawful carrying.
Correct?
>> Yes, ma'am.
>> And so, Mr. Harris, did you enter your plea of guilty to that lesser included offense freely and voluntarily?
>> Yes, ma'am.
>> And did you plead guilty to that offense because you actually did what they charged you with?
>> Yes, ma'am.
>> I have here on the tablet 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. Lane?
>> Yes, ma'am.
>> Do you fully understand them?
>> Yes, ma'am.
>> And do you understand if I follow the agreement that you've made with the district attorney that you'll be waiving or giving up any right to appeal?
>> Yes, ma'am.
>> And are you a US citizen?
>> Yes, ma'am.
>> State tenders number one.
>> No objection, ma'am.
>> It's admitted. Is there any evidence that Mr. Bradley Harris is not competent?
>> No, ma'am.
>> All right, sir. I'm going to find that you entered your plea of guilty freely and voluntarily, find that you're mentally competent and you understand the nature and the consequences of your plea, find sufficient evidence to find you guilty and at this time find you guilty of the lesser included offense of an unlawful carrying of weapon, sentence you in accordance with your agreement to a term of 180 days in the Jefferson County Jail. You will receive credit on that sentence for any time that you've been in custody that the law gives you the right to receive. It's my understanding that part of this is that you are agreeing to plead true in any parole hearing and then whatever they decide to do is what will happen. Is that your understanding as well?
>> Yes, ma'am.
>> I am going to hand you the trial court certification that shows this was an agreement that I followed, so you waived your right to appeal. All right, good luck to you, sir. You can go back with the bailiff.
>> Thank you, ma'am.
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