Judges exercise significant discretion in setting bail bonds and revoking probation, considering factors such as criminal history, flight risk, community ties, and the severity of charges; for example, Judge Stevens sentenced a probationer to 5 years in prison for failing to complete just one hour of community service over eight years, while Judge McBurney consulted with jail medical staff before setting bond for a defendant with severe health conditions facing serious charges.
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ZERO EXCUSES: Judge Stevens Snaps Hard | TCF LIVE #299Added:
Good morning everybody. Happy Thursday.
Welcome to TCF Live episode number 299.
Let's jump in on the deep end. Judge O'Donnell >> case number 25 CR0000557 and 26 CR0000446.
the the defendant in this matter was indicted in both cases on May 22nd in this matter um and on case number 26 CR557 with grand theft of a motor vehicle felony of the fourth degree in violation of 2913.02A 02A arising from an incident in April 8th of 2026. And then a 10-count indictment in case number 26 CR 446 consisting of two counts of failure to comply with an order signal of a police officer.
Felonies of the third degree. Illegal conveyance of drugs of abuse under the grounds of a specified governmental facility. Felony of the third degree.
Aggravated possession of drugs. Felony of the fifth degree. Resisting arrest and misdemeanor. The second degree. Um, three separate counts of operating a vehicle under the influence of alcohol, a drug of abuse or a combination of them. Two of them for per se violations.
One count of felonious assault, a felony of the first degree. and then a criminal damaging or endangering a misdemeanor of the first degree. We are here today for purposes of an in court arraignment.
Pendant is present with council today, Mr. Chad Mali.
>> There was uh one of these counts or some of these counts on 446 had a 10,000 cash or 10%. Which counts were those?
>> Yes, your honor. Um originally um when the case was bound over the on the 446 case um there were charges of the illegal conveyance failure to comply the possession of drugs resisting in the OVI um those were originally the 10,000 cash shorty or 10% we actually consolidated case number 26 CR587 that was bound over into that case. Um it was all one one incident that occurred on March 27th.
But those charges then were for felonious assault, another failure to comply in the criminal damaging. And in those particular charges, there was no bond issued. And I did miss misspeak when when we were in um chambers. It's Willowick, not Wickliff Cruiser that was damaged as a result of this.
>> Okay.
>> Thank you, Mr. >> Malcolm.
>> Thank you, your honor. As it relates to the arraignment, my client will enter uh not guilty please to all accounts contained in the indictment. Wave reading of the indictment and open court wave any defects in time, manner, place, and service of the indictment and then ask to be heard on bond.
>> As to both indictments.
>> As to both indictments.
>> All right. So, not guilty please will be honored on 446 and 557 as bond.
>> Yes, your honor. Estabbon. Uh my client indicates that uh she can be gainfully employed doing heavy highway construction for local 18 in Cleveland.
Uh this is her busy season with the weather getting nice now. She indicates to me that she has no prior uh felonies, your honor. So uh we would be asking the court uh to to lower her bond um in to 100,000 cashier or 10% uh concurrent in each case. your honor. Thank you.
>> All right, Miss London.
>> Thank you, your honor. Um, your honor, in these cases, um, we when we had the first incident that occurred where she went on a high-speed chase, uh, with police, um, she was going 118 miles an hour, um, went across a number of lanes of traffic, um, and was under the influence, um, and was in possession of Salosin at that point in time. That happened on March 27th. And then following that then we have um an incident where she had grand theft of a motor vehicle. And in that particular case a 20,000 cash assurity or 10% bond in the case 557 was set and the state would submit that that is an appropriate bond in that particular case. And quite frankly I'm surprised it wasn't higher based on the fact that she had that other prior offense. um due to the nature of each of these charges, one of them being a felony of the first degree.
Um and the fact that here she has fled from police already um and then she has stolen another vehicle. She does have a a history um a very long traffic history and then um another history of some misdemeanor offenses. Uh we believe that based on what the court did at the municipal court level um no they issued a no bond based on the felonious assault um the state would not be opposed to a 500,000 cash assurity bond on that particular case and continuing the 20,000 cash assurity or 10% on the other case.
>> All right. On 557 I'll continue the bond at $20,000 cash assurity or 10%. on the 446. I'll continue the order of no bond and release the u the other bond on that case which was $10,000 cash assurity or 10%.
>> I just I just have one question, your honor. Um my car has been in impound since March 27th and my stepmom contacted Wickliff police who did the original towing. Um, we have been trying to get it out via power of attorney. Um, but they said that they need the Wickliff Police Department wasn't able to give them a release form that they would need a release form from a judge.
Um, so they can get it out. We have less than 30 days to get it out or they're going to ask for a title.
>> All right. Mr. Muly can address that and do the appropriate request from me then.
Okay.
>> Okay.
>> All right. Like I said, Mr. M, you guys can talk.
>> Okay. Thank you. Doesn't matter.
>> All right, Miss Nota.
>> Thank you, Judge.
>> The next case before you >> Mhm.
is case number 26 CR667 caption state of Ohio versus Tasha A Yates. Judge on May 18th of 2026 the Lake County Grand Jury indicted the defendant with 11 counts.
Those counts were as follows.
Two counts of engaging in a pattern of corrupt activity felonies of the second degree in violation of OC 2923 32A1.
Three counts of theft, felonies of the fifth degree in violation of OC 29302A1.
>> Two counts of identity fraud felonies of the fifth degree in violation of OC 291349 B1. Two counts of forgery felonies of the fifth degree in violation of OC 291331A1 and two counts of telecommunications fraud felonies of the fifth degree in violation of OC 291305.
The defendant is present today in court with Mr. Mali. The matter has been set for an in court arraignment.
>> Mr. Mali.
>> Thank you, your honor. As it relates to the indictment, we'll wave any defects of time, man, place, and service, acknowledge receipt of the indictment.
Uh, enter not guilty plea to all the charges contained uh therein and then asked to be heard on bond.
>> All right. Not guilty plea of the honored bond.
>> Yes, your honor. As to bond, my client indicates that she is a flight attendant. She needs to get back to work as soon as tomorrow. Uh we would ask the court to set a a $20,000 bond with 10% uh cash shity. Mr. >> Roto, judge, the state um as noted in chambers is asking for 75,000 uh cash 10%. The basis of that recommendation comes from the fact that the defendant has multiple warrants for failure to appear, has a criminal history of misdemeanor for theft related offenses, and the state would ask that that bond be set at 75,000 cash 10%.
>> All right. Bond will be set at $100,000 cash at 10%.
>> Yeah, he did hire it.
Can I talk to her downstairs before we go? Okay.
>> All right. Mim.
>> Good morning, your honor. We are here in 26CR 482, state of Ohio versus Jav Javon L. Dudley, present in court as a defendant, who's accompanied by his attorney, Mr. Chad Moy. We are here on a 4-count indictment that was filed May 22nd, 2026. That indictment includes one count for aggravated possession of drugs, a felony of the second degree in violation of revised code 2925.11.
One count possession of heroin, a felony of the third degree in violation of a higher code section 2925.11.
One count of failure to comply with an order or signal of a police officer, a felony of the third degree in violation of 2921.331b.
And one count of possessing criminal tools, a felony of the fifth degree, and violation of 2923.24.
Thank you, >> Mali.
>> Yes, Sher. With respect to the indictment, we'll acknowledge receipt of that indictment, wave its reading in open court, wave any defects, time, manner, place of service, enter not guilty, please, to all the counts contained in that indictment, and then asked to be heard on bond.
>> All right. Not guilty plea will be entered uh as to bond.
>> Ask the bond, your honor. My client indicates he's never been to prison, has no prior felonies. Um we would ask the court to set to lower the bond actually and set the bond at 200,000 with the cashier or 10%. Thank you, >> Mr. Maline. Uh, your honorable state is asking that the bond remains set at $500,000 cash shity. The defendant does have a criminal history. He has a 2020 juvenile adjudication for reckless homicide with a three-year gun specification out of Kyahoga County. He has two cases pending presently in Kyoga County. Uh, he was indicted with a failure to comply felony three and a warrant is outstanding in that case for his failure to appear uh on two separate occasions. And then he has a 2026 case that is currently pending. He's been indicted in that case with trafficking in fentanyl, a felony of the first degree. With an MDO, and one-year gun specification, another failure to comply, a felony of the third degree.
Possession of fentanyl, a felony of the first degree. Possession of criminal tools, a felony of the fifth degree.
Having weapons under disability, a felony of the third degree. Carrying a concealed weapon and improperly handling firearms of a uh motor vehicle, felonies of the fourth degree. And criminal damaging and misdemeanor of the first degree. There is a warrant outstanding in that case as well.
>> All right. Bond will be reset at 750,000 cash or 10% with a GPS and no driving.
>> All right.
>> Judge O'Donnell not messing around this morning, setting bonds higher than what even the prosecution asked for on a couple of occasions there. Good morning once again everybody. TCF Live episode number 299 this morning. My name is Dan Soul. I'll be your guide. It's good to have you all here. Austin celebrating nine months as a channel member this morning. Austin, thank you for all the support you give this channel. Um, it's very much appreciated. I hope you know that. Uh, you guys can see Austin tonight over on Sidebar, 8:00 p.m.
Eastern, 5:00 p.m. Pacific. No, I do not have that show scheduled yet, but I will be scheduling it during this show. So, we will have a link for you soon.
Let's head to Michigan. Let's say good morning to Judge Middleton.
>> Good morning.
>> Good morning.
>> It's been a minute. I haven't seen you in some time, but I'm still Judge Middleton and I'm still here. Are Are you still Jayla Marie Stalard?
>> No, sir.
I'm Jayla Marie Wilson.
All right.
I'm here at the new old courtroom in Centerville. Also here with me is the chief public defender. His name is Mr. Keith Stickley.
and uh he is here and I asked him to join us this morning. The original attorney Rhonda Ives was not available and uh so I asked the public defender to be here. You've been off the grid for some time. Uh you had several charges that started as felonies and were reduced to misdemeanors. Give me a minute. I'm sorry I didn't have this all the way turned on.
And you were placed on a probation. Your probation officer was Daniel Frzine.
I ordered 90 days jail credit a couple and I deferred 83 of the days and put you on a probation. Then >> yes sir, >> we lost you and uh then we learned you were in jail in Indiana. Let me get this file up here.
You also have some unpaid tickets and other stuff here.
Oh, I know that.
>> Sorry, I was logged in on in another courtroom. I had to come back in here.
So, I'm not completely up to speed where I would normally be. I usually come in about 7:30 to turn everything on.
You're just I would have been at work right now.
>> All right. Well, let's find out what the deal is.
Of course, it would be too much. Oh, there it is. Very good.
All right. Well, let's back up to the beginning. Daniel, are you with us now?
>> Yes, I am. Judge, >> also here is your probation officer, Daniel Frasine.
You originally charged on a felony complaint. alleging that you did a lararsson in a building at the American Legion and did an embezzlement of uh less than $200.
You were also charged as habitual offender. It seems there was another case, but this is the one that ended up being placed on probation on. So, the matter was reduced to a misdemeanor and you pled to a misdemeanor charge. Let me find the original judgment.
>> Uh, judge.
>> Yes.
>> I was told this was Ashton [ __ ] No, he's at 9:30. This is Jayla.
>> Who's this?
>> Maybe. This is Jayla Stalard.
>> Oh, okay.
>> All right. Uh, you were placed on probation on a misdemeanor charge. You ordered to pay restitution and I deferred large portion of your jail sentence.
Trying to still find the original judgment.
There it is.
12 month probation, 91 days jail, credit one, leaving 90 days to serve. And of the 90 days, I deferred 83. So you did seven days and you got released. And then you were placed on probation.
Daniel Frzison was your supervising probation officer. He filed a probation violation petition alleging that you disappeared and you disappeared quickly. Uh you were put on probation on July 10th of 2025 for 12 months. By August 28, Dan had already filed the petition. He failed to report, failed to pay fines and costs, failed to abstain from alcohol or drugs or tests, failed to participate in treatment. Basically, you just went off the radar.
So, we set a probation violation hearing for October 15th of last year, 2025 at 9:30 and you didn't show up. So, issued a bench warrant for your arrest.
I later learned that you were in custody in Indiana on several different charges.
Uh so let's find out where we are right now. Um how did you come to get arrested or how did you come to end up in the jail in Centerville?
Um, I actually was on my way home from um closing at my job and I um my ex best friend had two days prior busted out all the windows on my my car that I had just bought two weeks ago.
A 2010 expedition.
>> Where did you where did you get arrested?
Um in Sturgis >> in Sturgis. All right.
>> Yes, sir. Because I'm working in the green industry and I also am working.
>> All right. Where do you work in Lrange?
>> I work at Sizzle Family Diet.
And where do you work in Sturgis?
>> Superior Auto.
>> I actually just acquired this job. My um final interview. I've had three at Superior Auto was yesterday. As a matter of fact, >> you had we I thought we had a hold on you in Indiana. In point of fact, this warrant has been open for a year or since last October. You were in jail in Indiana counties and you probably never should have been released from jail in the first place because we had a hold.
So, what happened? I inquired about that back when I had gotten released from Indiana and they told me I was like, "Oh, well, okay. That that wasn't I guess what I was under the assumption."
And I was um >> Where where were you in jail in Indiana?
>> It it's called Rush County. It's Rushville, Indiana. It's like three and a half hour or three and a half hours east of Indianapolis >> because I actually graduated high school when I was down there and I just had graduation uh last week that I went to.
>> So, did you have you completed all your obligations in Indiana?
>> Yes. Yes, sir. I have. Like I said, I actually just I I um I was baptized and I also uh graduated high school when I was down there and I got a customer service and sales certificate and they actually did a graduation ceremony for us last week. So, I went to that.
>> When were you released from Indiana?
Um, that was back in uh right right before Christmas. I was out like three days before Christmas, I do believe.
All right. Well, you're on probation here and you've done a spectacularly bad job at your probation. Uh, you didn't do anything you were supposed to do. Uh, these were felonies that were reduced to a misdemeanor and they were bad. You stole the money from the American Legion. You lied about it. You're on video. We went through a bunch of rigomearroll. Finally, you admitted everything and I put you on this probation. You were supposed to pay restitution. You were supposed to do some other things and you just disappeared.
Uh, I've got 83 days of jail hung over your head. Daniel's recommendation is we just cancel your probation and >> and uh impose the deferred days. I don't think the American Legion is ever going to recover any money from you. You are entitled to have a hearing on this. This is called a probation violation arraignment.
The allegation is that you violated your probation last summer by failing to report, failing to pay restitution, failing to go to treatment, and failing to test. Basically, you just went elsewhere and got in trouble somewhere else.
>> So, those are allegations. You have a right to have a hearing on those allegations where it must be established by a prepoundonderance that you did violate the terms of your probation.
You'd have a right to have a hearing at that in front of the court. There's no jury, but you are entitled to have an attorney. We would either get your original attorney, Ronda Ives, or um get another courtappointed attorney to represent you at that hearing. My advice, and probably Mr. Stickley as well from the public defender office is at this point you plead not guilty to this probation violation allegation. We get either your original attorney or other attorney and have a hearing. I'm not very happy about this. Uh I went out of my it was reduced from a felony to a misdemeanor. We went through a bunch of rigomearroll. Finally you admitted everything. I deferred a large portion of your jail and you split. Um >> so uh >> I would recommend because of that amount of jail time over her head that I'll just put it on the record that she enter a plea of not guilty and schedule a hearing within 14 days. I'm not sure if Miss Ies um because of her current situation um would be back in time for that, but if not, we would appoint somebody.
>> Yes.
All right. Um, the other thing is you knew there was an open warrant for you.
You knew it anyway and you knew it when they released you from Indiana and it's now June almost and you got out in December. All you had to do is call Dan, uh, your probation agent and we could have got the thing started. So, I'm not Your bond is cancelled.
Um, what town do you actually live in?
>> I live in some states.
>> By yourself or with somebody?
>> I actually live with my in-laws. Um my and my uncle who is the leader of the Sturgeist Missionary Church >> and that's when you somewhere between when I saw you and now you married someone named Wilson.
>> Yes sir.
>> Well actually no sir I was married um but I hadn't changed my last name.
>> All right. So when I was dealing with you last year it was Stalard >> then. So >> at what point did you go to Wilson?
>> Um well I was having lots of issues with um W4 forms and all that. So I had changed back to Wilson uh March I want to say when I got >> when >> is Wilson your married thing or your maiden name? My married name and as I you were trying to tell me a long story, but basically you came in contact with the Sturgis police. They found there was a warrant for your arrest and arrested you last night.
>> Yes, sir.
Yes.
All right. Plea of not guilty.
Point an attorney.
Set probation violation hearing within 14 days.
It'll probably be next week. We got to coordinate the schedule and availability of the attorneys to do this. Um, Miss Dollar, the bad news is you're sitting in jail. The good news is this wasn't going to go away and we had to deal with it. You've got $792 worth of other unpaid fines and costs, retail fraud, no proof of insurance, driving without due care and caution, and speeding.
Um, but that's that's probably just going to go away.
Most of those are civil infractions.
Um, but this those are all from 200 from 2024.
Anyway, I don't know what else is going on with me. Get up to speed. Um, as I said, I don't think the American Legion's ever going to get any restitution from you, but uh, at least >> um, No, you weren't. Uh, >> yes, sir. I've changed a lot. I've been going to meetings. I've been I've been doing a lot and that's why I got this second job so late to start paying this off.
>> All right. Well, we'll discuss that further. All right, M. Stallard, I'll see you within the next probably seven to 10 days.
>> Okay.
>> All righty, friends. TCF live on this Friday eve. or as some people call it Thursday episode 299. Good to have you all here with me this morning. Let's stay in Michigan, but let's go and say good morning to Judge McN are up to 500 fines, 90 days jail costs are all those. Do you understand that?
>> Yes, sir.
>> Did you sign, read, and understand the advice of rights? Yeah.
>> If you plead guilty, you'll be giving up all those rights, and we're not going to have a trial of any kind. Do you understand that?
>> Yes, sir.
>> You do have the right to an attorney. If you want one, I will still give you one.
You understand then?
>> Yes.
>> Would you like an attorney?
>> I'll take one.
>> You want a lawyer?
>> Yes.
>> Okay.
>> If needed, right?
>> Well, I don't know what you mean by if needed. I'm just I have to tell you before I take a plea that you have the right to an >> If you want one, I'll give you one.
>> Yes, sir.
>> All right. Here's what I'm going to do.
Uh, did we talk about you getting a lawyer before?
>> Yes.
>> Well, what happened?
>> I don't know if you said can you probably like give me like jail time and stuff. So, got me thinking about it.
>> Slow down. Slow down.
>> Yes.
>> I'm just telling you what the maximum.
>> You're not going to jail on this unless you don't pay your fines. But if you want a lawyer, I'll still give you a lawyer. I'll take another lawyer. I'm sorry about that.
>> You don't have to apologize. Are you sure you want to wave your right to a lawyer?
>> Yes.
>> Positive.
>> Yes. Positive.
>> All right.
To the charge allowing unlicensed driver to drive. How do you plead?
>> Guilty.
>> Were you in control of a 2018 Chevy that was being operated on I75 near Heron River Drive in Rockwood on March 30 at 26 at 6:40 p.m.?
>> Yes.
>> And at that time, you were operating the vehicle? True. Yes. And uh was your license suspended, revoked, denied?
>> License, >> pardon?
>> I didn't have license.
>> Okay. Are you on probation or parole?
>> No.
>> Anybody force you to plead guilty?
>> No, sir.
>> You have a valid license now?
>> No, I got a permit for just one time.
>> Okay. Why didn't you get a license before?
>> I never thought I need one. I never drove car. I never had a car. Sorry. I never had a car.
You got to get a license. You knew you needed a license, right?
>> Yes. Now I do.
>> Well, you knew you knew the then though, right? You knew you couldn't drive a car without a license, right?
>> Yes.
>> I mean, you didn't just move here from some other country, did you?
>> No.
>> All right. Anything else?
>> No.
>> I'm going to I'm going to go ahead and sentence you now. the charge and the charge while allowing unlicensed driver to drive up to it's going to be 100 fines 125 cost 75 that can charge $50 justice assessment 350 or 60 days and uh again the original charge is dismissed the speeding's dismissed can you pay all that now?
>> No.
>> How much do you have now?
>> I don't have enough money now.
>> Where do you work at?
>> I'm not working right now.
>> Why not?
>> Taking care of somebody.
>> Okay. Well, when can you pay this? value next month or monthly if I can if possible.
>> How you supporting yourself?
>> Uh my partner has support me.
>> You pay $125 per month?
>> Yes.
>> Can you start that on on June the 7th?
>> Yes.
>> Or not?
>> Yeah.
>> Pardon?
>> No.
All I can tell you is I'm going to let you pay 125 a month starting June the 7th. If you don't have the money on any occasion, you just call the court. We'll go on Zoom or you can come up here at 8:30 on or before any one of those due dates and I'll an extension. Okay.
>> Okay.
>> You're all set. Good luck. William Miller.
>> William Scott Miller I 26R514679.
>> Good morning. Your name?
>> Good morning. employer stop.
>> You're charged with no valid operator's license on your person. According to the remarks, it shows the lean shows that you uh that your uh license was cancelled.
Uh you have the right to a lawyer if you want one. Do you want a lawyer?
>> No, sir.
>> I'll go and arraign you and then I'll send you to the prosecutor. Okay. It is alleged that on April 30 to 26th at 2:11 p.m. that you did operate a motor vehicle on Heron River Drive near Fort Street in the city of Rockwood, they think you did not have a valid license with you on your person. That is a misdemeanor punishable by up to 100 fines, 90 days jail. Costs are all those. Do you understand that?
>> Yes.
>> And did you sign read and understand the advice of rights?
>> Yes, sir.
>> If you plead guilty, you'll be giving up all those rights and there will not be a hearing or a trial. Do you understand that? Yes.
>> All right. You still have the right to a lawyer. Do you still wish to wave your right to a lawyer? Yes, sir.
>> $100 personal bond. Not guilt. Please enter. You cannot leave the state without consent of the court or violated law. You must appear in court as directed. You go out there. This is a Rockwood case. My court officer will take you to the Rockwood prosecutor. You talk to him and you come on back down here then. Okay. Good luck. Jan D.
Powell 26R514722.
Good morning, your honor. Julie Powell, key number 62448, appearing on behalf of the defendant, Jandy Powell, who is present.
>> Good morning. Your name, ma'am?
>> All right. So, she's charged. She's charged with super drunk uh for purposes of arraignment. Does she stay on mute and wave waves formal reading?
>> We'd love to hear the the reading because we only have a copy of the citation at this point.
>> That's all that they have here. Let me double check.
>> That's fine. I'll talk to the prosecutor after.
>> Okay. So, I I'll just tell you, young lady, that uh you're charged with super drunk violation, which they think you had a breathalyzer or a blood result of in excess of 17.17 or higher, and that you were operating the motor vehicle on May the 2nd at 26 at 32823 Fort and Rockwood. This one is punishable by up to 500 fines, 93 days jail. costs are all those six points. License, suspension, or revocation in accordance with your record. Actually, there's a minimum fine, and it's the only misdemeanor other than state misdemeanor where you can be uh not saying you're going to jail. I don't know what your record's like, but uh you could get six months. All I'm telling you, do you understand that?
Yes, sir.
>> Sign, read, and understand the advice of the rights.
>> Yes, sir.
If you plead guilty, you'll be giving up all those rights and we're not going to have a hearing or a trial. Do you understand that?
>> All right. And you're going to represent her, council.
>> I am, your honor.
>> She's got a prior in ' 06.
>> That's right. For home invasion, second degree.
>> She's also got an operating while impaired, just so you know.
>> Um, it's from, do you know the date of that?
>> August 13 of06. there in the disposition there was guilty plea on April 3 of of 07.
>> Okay.
>> Out of Lincoln Park.
>> Yeah.
>> Okay. But I see nothing else on her traffic record at least. Home invasion in ' 04. All right.
Yeah. Okay.
So, I'll give you a personal bond of $1,000. Like I said, no alcohol, no marijuana, no illegal controlled substances. You cannot leave the state without the consent of the court or violate any law. You must appear in court as directed. Do you understand all that?
>> Yes.
>> I do want you to go into a na once a week. Okay? I want you to go in person.
We're going to give you a form. My court officer, he can acquire it. He's got them over there. And every time you go, you have to have the form signed. And every time you come to court, you have to bring the form with you. Okay. Right now, do you want to go pre-tri this with the prosecutor? Rockwood's here. If you want to go talk to him.
>> Yes, your honor. I would like to speak to prosecutor.
>> Okay. We'll we'll get the file over there. And the prosecutor Rockwood is in conference room two.
>> I saw the door there.
>> Okay, good enough. We'll have the file brought over in a second. Okay.
>> Okay. Thank you, honor.
>> You're welcome.
>> Thank you, sir.
>> Good luck.
>> Thank you.
>> Is Christine Francis Luzinski here?
>> They're on Zoom. Judge >> 26F245459 >> sure John gives him an AA verification again please.
>> Yes.
>> Good morning Miss Luzinski. Your name >> Christine Lzinski.
>> Miss AOK.
>> Good morning your honor Leslie AOK and behalf Miss Luzinski.
>> All right. So, uh, did you have a chance to review the report? And just for the record, she plead guilty to operating while impaired on May the 7th. Today is the date scheduled for sentencing. The screening and assessment was scheduled. And have you reviewed it? And are there any material additions, corrections, or deletions?
>> Yes, Sharon. I reviewed it with my client. She indicates that it's factually accurate. There are no errors or omissions. I would like to just address the recommendation.
Okay.
>> I don't know if you would like me to address that now or >> Sure.
>> Oh, the the recommendation um recommends submitting to monthly chemical testing or ETG along with attending outpatient substance abuse. A note to the court that she scored a one in the needs assessment, which is not indicative of having any type of um significant alcohol issue. She's never been in trouble before. She's had no prior issues with alcohol. She reports no blackouts, anything like that. Um, I very much think of this as, you know, essentially a bad significantly bad judgment. She's not consumed alcohol since the date this incident occurred.
She's appeared for court. She's handled everything fully responsibly. Um, so we would ask that when the court does pass sentence that you would omit the requirement for monthly testing along with the outpatient. We would also request a shorter uh probationary period again based on her history and her record. She is a homeowner. She has kids in the district here. Um, she's married.
She's employed full-time. She's very full life. And this no prior record whatsoever. And we would ask that the court consider that when passing sentence >> concern is she's driving with a 12year-old here. That's the only thing that really bothers me. I mean the fact that she was drunk driving bothers me but anything you'd like to say ma'am?
>> No sir.
>> And and just lastly your honor I do have two requests for out of state travel that um >> let's cover that after. Okay.
>> Okay.
>> And we do understand your concern, your honor. And and again, this was very much a a oneandone by, you know, this defendant. This is something that was extremely eyeopening to her and, you know, made her realize to obviously be significantly more, you know, cautious and cognizant of what she's doing throughout the day and alcohol consumption. And at this point in time, she's just simply said, "Hey, I'm not going to consume alcohol." And it's working for her.
>> Okay.
All right. 10 months probation. Ma'am, you cannot leave the state without the consent of the court or violate any law or ordinance if you change your address, your place for employment or home telephone number. You must notify probation. You have to report as directed. No alcohol, no illegal drugs, no marijuana. Freedom poppy seeds and CBD oils are prohibited. consuming food or other items containing those substances will be deemed a violation.
You're to submit the chemical testing PBTs and ETGs. I'm going to make it monthly for 5 months. If you're clean, then it will just simply be on demand to the probation department. I do want you to attend an alcohol education program level one and the victim's impact panel that is uh one night put on my mother's against drunk drivers. I'm going to also order that you serve four days, jail credit one, serve three. I'll let you serve those with community service. So, you have 24 hours of community service to serve and I'll give you some time to do that. And that will be by I'll give you until July the 15th to complete that. Okay. You have $300 fines, 300 costs, 75 victim's rights fee, $50 justice assessment. that amount the uh se 7 and a quarter screening fees 60 for 7.85 85. Probation fees are are uh 200 for 9.85 plus you have cost of recovery.
So your total is 1210. If you violate your probation, could be revoked. You could be incarcerated for 93 days. You have 21 days to appeal. Then you have 14 days to apply for a courtappointed lawyer for purposes of appeal. Also, you may be eligible for early discharge.
Okay? So if you complete everything, there's no violations within the preceding 3 months, then you can apply for discharge after 90 days. Do you I'm sorry. After 5 months. Do you understand that?
>> Yes.
>> All right. Do you have any questions, ma'am?
>> No.
>> Anything else? Could she pay all this today? Uh your honor, she could pay 500 today and then she can pay 300 a month beginning uh June 28th until the the balance is paid >> beginning June Beginning June 28th.
>> Correct. 500 today then 300.
>> That's fine. 500 today, 300 monthly beginning June 28th to 26.
So, Heather, uh, unless you tell me differently, I'm going to have her come over here and and get her, uh, get instructed by probation. I mean, I don't know. Are they short-handed or anything today?
>> I do know that Pam is off for the week.
She's out sick.
>> Okay.
So, yeah, you should come up you should come over here and get instructed today.
Okay, ma'am.
>> Okay, >> Judge, my earbud cut out. Could I I didn't hear the total that you got. I just want to make sure that my total matched.
>> That's good. Thank you. More than capable of making mistakes.
>> Well, no. I just didn't hear the total.
I want to make sure and 785 985 1185 1210. It should be >> What did I miss? I think I missed something. Let's see.
>> Okay. So, I have 300 fines, 300 costs, $75 victim's rights fee, $50 justice assessment. that is 7 and 1/4 screening fees uh 60 for 7.85 probation fees are 200 bringing the total to 9.85 85 and then the cost of recovery are 225 making the total 1210.
>> I think that's where I went wrong. I said I got cost of recovery wrong.
>> That's okay.
>> We are we're good. Thank you.
>> All right. No problem. Good luck, ma'am.
I Well, thank you, >> your honor. I do have two requests for out of state travel.
>> When?
>> Uh July 23 through July 29. My client would like to go to Oklahoma. her husband works there and she'd like to take the kids. They'll both be on uh or the youngest will be on summer break obviously.
>> Okay.
>> And then se September 10 through 21 also a trip to Oklahoma, but this is a work trip. It's for a horse show referred to as Worlds.
>> All right. So, you can leave the state to go to Oklahoma between July 23 and July 29 and between September 10 and September 21. Okay.
>> Thank you, your honor.
>> All right. You're all set. Good luck.
Thank you. All right. Uh I need to get somebody Where's Johnny? I need >> This is for Mr. Pen.
>> Mr. Pen, can you walk in here, please, and write to my recorder, and she's going to hand you this case. She got a lawyer in there. I think Jan a Jan case.
>> Yeah.
>> Thank you.
>> Y >> Tony Raymond. Tony Marie Raymond 26R 514 667B.
>> All right. Good morning, Miss Patio.
>> There's the A237A. Going to be back with Miss Tony Raymond.
Raymond.
>> All right. So, for purposes of herment, she is charged with driving on a suspended. She also has a distracted driving on a misdemeanor. Does she stand mute and wave formal reading?
>> Yes.
>> And now you've entered into a plea agreement with the prosecutor wherein she is going to plead guilty to the added count of allowing a suspended driver to drive and uh impeding traffic while the suspend charge is dismissed and the speeding is dismissed. But she'd also have to plead to impeding.
Right. Actually, it wasn't a speed. He wrote speed. That's distracted driving, >> but she's going to plead to impeding on that one, right? And they're going to dismiss the original charge on the civil infraction of distracted driving.
Correct?
>> Yeah.
>> Is that what you want to do, ma'am?
>> Yes.
>> If you plead guilty to allowing a licensed driver to drive, the possible penalties are up to $500 fines, 90 days jail costs, or all those. If you plead to impinge, that's a zero point civil infraction. It will not be entered on your record. Do you understand that?
Neither one of them are going on your record. You understand that?
>> Yes. Did you sign, read, and understand an advice of rights form here today?
>> If you plead guilty, you'll be giving up all those rights, and we're not going to have a hearing or trial. Do you understand that?
>> Yes.
>> To the charge allowing unlicensed driver to drive. Will you plead?
>> On the 18th of April 26, were you in control of a motor vehicle in the city of Rockwood, a 2024 Chevy on River Drive near Ford at 8:52 a.m.?
>> Yes.
>> And you were suspended?
>> Yes.
>> And you drove?
>> Okay. And are you on probation or parole?
>> No.
>> I got to have you, sir.
>> No, sir.
>> Anybody force you to plead guilty?
>> No, sir.
>> Do the charge impeding traffic responsible or not responsible?
>> Responsible.
>> I find that the plea of the charge of allowing the unlicensed driver or suspended driver to drive have been made voluntarily and understanding million is accurate. The plea to impeding is dismissed. I'm sorry. The plea to impeding is accepted. The distracted driving is dismissed. The driving on a suspended is dismissed. You ready for sentence? Yeah.
>> How bad's her record?
>> The driving record. Um, your honor, she actually hearing though, your honor.
>> So, it's been revoked for over 20 years.
>> No. Why? Why you've been driving around for 20 years?
>> No, I have not been driving around for over 20 years. Because they have refrained 99% of the time. So, I went to my >> I refrained from driving 99% of the time. This is the one time in the last 20 years you've been caught.
>> I want my son to open >> tough answer. Tough answer. You can't do that. Okay.
>> I I did.
>> All right.
>> Sentencing. She's married. She owned a business. She even donated a good industry to this. So she got to the city or >> you donated?
>> I donated. Yeah. So I'm uh >> in Wine Guy >> in Rockwood, sir. I live right behind the police station. Well, they list you on W uh on uh Okay, I see. You must have lived in We do before.
>> I I did. That was my previous address and my current business address still.
>> I'm sorry, Miss Patillio. I interrupted you. Go ahead.
>> Your honor. So, even though she made some mistakes, you know, years ago, she is trying to rectify everything. She's doing really good now. Um as to the fines and cost, I know your honor hasn't stated what those are. if she is able to make a payment today and then we ask that the rest be set up on a payment plan. Thank you, judge.
>> You got a lawyer helping you on that restoration?
>> Yes. Yes, I do. And I'm eligible now, sir.
>> All right. Anything else that you want to say?
>> Uh, no. I'm just trying to do the right thing and I have a business in the community. I've been in business six years. We're a five-star company. I also need the license to register um equipment and vehicles for my business.
So, I've rectified everything but this.
>> Okay. On the impeding 155 on the revoke, but don't come back and see me on another revoke. 100 fines, 75 costs, 75 victim rights, $50 justice assessment, 400 or 90 days. So, you owe 555.
>> Thank you, sir.
>> How much can she pay for that?
>> All right. So why don't you pay the impeding today?
That's 155. And then you have another 145 to apply. So you'll pay 145 more on the allowing license driver to drive.
And then that will leave you a balance of $255.
When can you pay that?
>> On 30 days.
>> Okay. June the 28th. If you don't have the money, you call the court or come up here on before the due date at 8:30.
I'll be glad to give you an extension.
Just don't ignore me. Okay.
>> Thank you so much.
>> Good luck to you. Thank you. Jamie Ellenburgg.
>> Thank you. 26F245966.
>> Ready, honor.
>> How you doing?
>> Good morning.
>> What are you doing on this your appearance?
>> Your honor, for the record, James Sparrow, P57197 on behalf of Mr. Ellenburg.
>> I need to check something here. What's going on? Did you file an appearance?
>> I did, your honor. I filed an appearance, posted the bond, and also had a motion to set aside the default.
I'm assuming it's in the file, but I'm not there.
What do we set this for? Uh, Heather, it looks What's this set for? A motion to set aside default. Preformal. I see.
Pre-formal, your honor.
>> So, by implication, Mr. uh, Dale's agreeing to set aside the default judgment, right?
>> I would assume, your honor.
I mean, he offered you a plea of defective equipment and he's my dismissing no insurance.
Uh, so I'm going to I'm going to take it as he has no objection to that. So, on behalf of the client, you're authorized to enter this pit. True.
>> Yes. And my client is on my client is on the call, your honor.
>> Where is he? This gentleman over here.
>> Yeah. The red shirt.
>> Yeah. What's your name, sir? You got to you got to you got to state your name.
And if you ever have to go to court again, and I'm sure you won't, unless you're summoned for a jury, but you've got to have you got to identify yourself. We don't know who's who on these. Okay. You understand what your lawyers worked out?
>> Yes, sir.
>> And you wish to plead to defective equipment?
>> Yes, sir.
>> For that charge, responsible or not responsible?
>> Responsible.
>> All right. Please accept. First of all, I'm setting aside the default judgment.
Depleted defective equipment is accepted. the ple the no proof of insurance uh judgment like I said is set aside I'm trying to figure out if this bonds in his name >> your honor it's in my name >> it's in your name >> yes your honor >> okay so I no it's really not it's in >> judge yeah it looks like we posted it in his name >> Ellen Ellenburgg so yeah so we'll just apply the bond to 215 and he's all set okay >> thank you your honor >> good luck sir Good morning once again everybody. It is TCF Live episode 299 on this lovely, lovely Thursday. I'm looking outside right now. The sun is shining and the birds are chirping because they're not on fire yet here in the desert. We're actually have some more temperate days ahead of us at least for a day or two until we get like 150°. Anywh who, good to have you all here with me. Uh tonight, sidebar, 8:00 p.m. Eastern, 5:00 p.m. Pacific. I know that Barbara recently put a link in the chat for us.
Thank you, Barbara. If you are new to TCF and you like this morning's show, you will love Sidebar because it is viewerdriven.
Uh meaning that uh all of the panelists except for me are actual viewers uh of this show. People who are present in the chat right now. And it is no more viewer-driven than the last Thursday of the month, which happens to be tonight because the chat actually decides what we talk about. So, do join us for that if you would be so kind. Let's go down to Florida. Um, Judge Grover once again sitting in for Judge Mercer.
>> Actually, let's do our interpreter first.
>> My apologies.
>> That would be I believe that would be Ernesto Mendes.
>> Yes, sir.
>> And uh, are you Ernesto Mendes?
Ernesto Mendes.
>> Yes, >> Mr. Mendes, you are charged with driving without valid driver's license.
You also have a hold for ICE.
I will address bond on the no valid driver's license.
However, whatever happens with the icehold is ultimately up to ICE.
>> Do you understand?
>> Yes.
>> Okay. So, uh for the attorneys, I have a couple of options. I can set a bond on the no valid DL.
Uh, in some instances it's been requested that I simply release on the if it's if it's a less serious offense to allow the ICE case to process, but I'm happy with either uh position.
Anything from the attorneys?
>> Your honor, my typical request is that we set a cash bond.
Hopefully, ASA Mitchell might know how much, but we set a cash bond in the amount of whatever that county's um cost and fines would be for that charge. And then if the defendant chooses to post it, obviously there's a 48 hour hold for ICE. Um, I forgot to pause for the interpreter. I'm sorry, Mr. Ricardo.
But your honor, I would defer to ASA Mitchell as to this because I don't know how Judge Mercer typically likes these handled. And if we do anything differently, I would ask for him to be brought up on Monday to see Judge Mercer.
>> Okay. Anything uh Attorney Mitchell?
>> I'll let Mr. Ricardo, translate that very quick. Sure.
Mr. Mitchell, >> typic like Miss Parish said, typically we'll put like a $250 cash bond for these types of cases.
>> All right.
$250 cash bond on the Noval DL. Do you understand, Mr. Mendes?
Yes.
>> Any questions?
>> No.
>> Um, no.
>> Okay. Just for clarification, if you post a $250 cash bond, in all likelihood, ICE would pick you up and uh address their case and then it's possible that you would come back to that you would be transported back or that you would have to appear back for another court date in Jackson.
Jackson, if you if you do if you do not post the cash bond, you will resolve your Jackson County case first and then and then it's likely that ICE would pick you up at that time.
Do you understand?
>> Yes.
>> Very well. Thank you, Mr. Ricardo.
>> Thank you, your honor.
>> Next, we have Bear's role.
>> And your honor, uh, this is for the jail. If Mr. Menddees is still in custody, we'll just bring him back Monday.
>> Sure. Sure. on Tuesday.
>> And Mr. Roll, did you see the video advising you of your rights?
>> Yes, sir.
>> Okay. You are here for aggravated assault without intent to kill as a domestic charge. Uh anything from the attorneys?
>> No, your honor.
>> No, your honor.
>> Okay. My recollection is there was no uh prior criminal behavior. Mr. Ro, I'm going to set a bond. Uh well, here's my question for you. If I set a bond that you have a chance to make and go into order at the time for the time being that you'd have no contact with Christelle Simpson, Tina Preston, or any of the seven children related to that household? Uh, is that something that you can comply with?
>> Yes, sir.
>> I'm going to set your bond uh I'm going to set your bond at $5,000.
If you make the bond, actually, I'm going to set that bond at $10,000. If you make the bond, show up for your court date. You'll receive paper notice with date and time. If you do, if you do not make the bond, once again, you'll be transported. If you do make the bond, show up on the date and time. And for clarification, no contact with Crystal Simpson, Tina Preston, or the seven children involved. Contact is viewed broadly. No personal, no email, no third party.
You can't post on social media about her or or something that you would expect her to to see that provides information.
You can't pass information through a per third party. Uh whatever you can whatever can be construed as contact will be construed as contact. So just keep that in mind. Um if you do have personal effects at the property, you can request a law enforcement officer accompany you only for the purpose of gaining your personal effects. Uh the other option is you could have a third party go to the residence and request your personal effects. However, they could only relay information uh regarding your personal effects. They couldn't send any other information from you to to any of those individuals. It would have to be only about uh about the the collection of your personal effects.
Any other type of communication would be a violation of the no contact order and you would be arrested. Do you understand?
>> Yes, sir. Okay, next we have Elliot Batson.
Mr. Batson, did you see the video of your rights?
>> Yes.
>> You're here for violation of probation.
You are held without bond. You'll receive paper notice of your court date and you will be transported to that court date. Do you understand?
>> Yes, sir.
>> Next, we have Jonathan Joiner.
And a note for the attorneys, I do have the warrant regarding this case. I have no affidavit. So, I'm I'm addressing Bond based off of uh the information contained on the warrant along or if there's any additional information that you think I should have, please provide it. Uh Mr. Joiner, did you see the excuse me, did you see the video advising you of your rights?
>> Uh yes, sir. You're charged with criminal use of personal identification, six counts, organized scheme to defraud, four counts of grand theft.
Uh, anything from the attorneys?
>> Your honor, as you stated, we just have the warrant. So, at this time, I have nothing to add.
>> Uh, just a second, your honor. It looks like Mr. Joiner has a question. After he has that, I can look at the complaint right quick and see if there's anything I want to add.
>> Mr. Joiner.
Uh I understand that this is Florida, sir. Uh however, I caught these charges at the same time that I caught charges in Alabama regarding these the exact same cases. And I I just did three years in a month in ADOC. And uh I got released and I'm in a Christianbased rehab in uh Dothan, Alabama. And uh I got picked up on these cases. So, I'm trying to figure out if like Florida can I guess recognize any of the time that I did on these cases already or or anything like that.
>> Okay. And uh Mr. Mitchell, how old are these? What year was was this one from?
>> Uh it looks like it's your >> honor. Exactly. February 7th, 2023 is when the investigation began.
>> So, so his story does check out. My inclination is to move forward and do what I would typically do. However, perhaps reschedu him for Monday for for to re-evaluate the case. Does that seem like a a good approach, Mr. Mitchell?
>> I think given the fact that they're technically felony cases, there's really no need to bring him back on Monday, we could just go ahead and set him for the July arraignment and um take into account what he has already done and we may be able to resolve it in July.
>> Sure. Okay. So, are you ready for me to set bond or do you need to look still at the affidavit? Mr. Mitchell?
>> Uh, no, your honor. There's uh nothing really that I need to add.
>> Okay. So, uh Mr. Joner, regarding the issue that you raised, it's possible that that could have an application to the outcome of the case, but it's not going to have an application to the bond today. So, uh, what I'm going to do on the six counts of criminal use of personal identification, I'll set a bond at 2500 account, uh, which is a total of 15,000 on those charges. On the organized scheme to defraud, a $5,000 bond, four counts of grand theft, $2,500 per account for a total of $10,000. That brings the total bond to $30,000.
If you make the bond, show up for your court date, you'll receive paper notice with date and time.
You cannot have contact with the alleged victim in the case. Do you understand?
>> Yes, sir.
>> Next, we have Jacob Smith.
>> How do I find out who my attorney is going to be?
>> Yep. Thank you. So, Jacob Smith, Mr. Smith, did you see the video advising you of your rights?
>> Mr. Mr. Smith, did you see the video advising you of your rights?
you're charged with domestic battery.
Once again, for the attorneys, uh I have a warrant, uh but but no affidavit. So, if there's anything you would like to cons me to consider that is uh outside the scope of that warrant, please advise. Um so, anything from the attorneys?
>> No, your honor, not at this time.
>> Uh just a moment.
>> Take your time.
Based on what I'm looking at and the complaint that we have, uh, nothing at this time, your honor.
>> Okay. So, on the domestic battery, uh, I'm Mr. Smith, I'm going to set your bond at $2500. If you make the bond show up for your court date now, have that there's an order of no contact with the alleged victim. Uh, based off the warrant, I do not have that information.
Uh, Mr. Mitchell, do you do you know the identity of the alleged victim in the case?
>> Uh, yes, your honor. It is a Britney Smith. Okay. So, you cannot have contact with Britney Smith.
Um, that is that is viewed contact is viewed broadly. No email, no third party, no personal contact, you can't text, you can't you can't telephone, you can't post on social media in a form or fashion you would expect her to see or that is about her. Uh, and what is your question?
>> Uh, she was the one that's supposed to be bonding me out, so she won't be able to do that.
Well, you know, as long as there's no contact, I don't I don't see that as a particular issue, but you cannot have contact with her, you know, so keep that in mind.
>> Most likely, if you have a if you have contact with her, the most likely result is a warrant would be issued. You'd probably be held without bond. So, you could be in in in jail for for weeks and possibly longer. So, just on that violation alone, so just keep that in mind. Yes, sir.
>> Next, we have Jack Rice.
Mr. Rice, did you see the video advising you of your rights?
>> Yes, sir.
>> Okay. You are charged with felony retail theft, organized scheme to defraud, dealing, and stolen property, defrauding a pond broker, and grand theft.
Anything from the attorneys?
>> No, your honor. And your honor, it looks like he's actually on state probation in Walton County case number 26319 CF with a scheduled termination date of May 18th, 2029. So we would request that a seven days be placed.
>> He he was in Walton County placed on probation and then brought here.
>> I brought it yesterday and that's why I was going to say sorry to cut you off. I was um yeah in Walton County for the same charges that here trafficking stolen property. I yeah here and they I got caught there. I did too much there.
>> Thank you. Thank you officer.
>> Yeah, disre disregard what I was saying.
>> Thank you. So on the uh anything on bond before I proceed?
>> No, your honor.
>> No, your honor. Uh, on the felony retail theft, I'll set actually with all the charges, felony retail theft, organized scheme to defraud, dealing in stolen property, defrauding a pond broker, grand theft, uh, I'll set a bond at $5,000 account, bringing the total bond to $25,000.
If you make the bond show up for your court date, you'll get paper notice with date and time. If you do not make the bond, you'll be transported to the court date. You cannot have contact with the alleged victim or any of their property.
Do you understand?
Yes, sir.
>> Next, we have Brooke Francis.
>> Okay. Mr. Francis, did you uh see the video advising you of your rights?
>> Yes, sir.
>> Or excuse me, Miss Francis. And uh anything from the attorneys?
>> No, your honor.
Um, >> it looks like it's at some sort of some sort of u some sort of residence of some kind.
Some sort of uh >> it it's Dove Academy. It's a detention center in Graceville.
>> Okay.
>> Your honor, she is also in a blue suit.
Um, which typically indicates that she may need to see life management or may be a danger to herself. I don't know if the jail can um provide some information on that. I'm not trying to embarrass her, but I do want to make sure that we do what's in the best interest of her and the community.
>> And I agree. So, what I'm probably going to do in light of the circumstances that exist uh is set a uh a bond that is higher than I would typically set. and and and in part for the reason that was just stated uh by Miss Parish is I'm actually concerned about the welfare of Miss Fran as Miss Francis Miss Francis as well.
>> Uh and then I'll I'll ask the officer if you'll bring this back for review on Monday. So I'm going to set a bond on the battery at $10,000. No contact with Lilian Luna, Miss Francis. However, you will be uh seen again by a judge on Monday. It is Hold on. I'll let you talk in just a moment. It's possible. It's possible that your bond could be adjusted at that time, but there's no guarantee of that. Uh, go ahead with your question.
>> Um, I was going to say, your honor, um, that incident, I'm just going to let you know that youth has >> Okay, I'm just sorry. I was going to say that back with the Bluetooth thing, basically that all I did at Dove was basically I hurt myself at Dove. I came here and I asked for a band-aid and now I'm in a turtle suit.
>> I'm perfectly fine. I'm not suicidal.
I'm just in a turtle suit.
>> Well, that's something you you should speak to your attorney about and you will have one assigned if you cannot afford to hire one.
>> But I am I am I do not have to reset you for Monday. I could just give you a court date and you can wait for that court date if you can't post a bond. But I am considering the circumstances that you're explaining and that is why among other reasons that I am setting you back for review on Monday for the Jackson County judge. So he'll see you.
>> I can't pay bond.
>> Okay. Well, you'll see them on Monday.
>> Next we Yes, sir.
>> We also need to address the Dove Academy. I believe you need to place a hold for Dove Academy. Oh, because you because you >> I was about to say that, your honor. I think technically in the custody of the Department of Juvenile Justice to be arrested from uh Dove, she would have to be. And so even if she were to postpone, which she's indicated that she can't, but even if she were um she would be returned to the custody of the Department of Juvenile Justice. So, I actually, your honor, not to mess up what you've done, but I think that we the best thing to do would be to hold her for Monday and reappear on Monday, and I think that we're within our window and time frame.
>> Okay. Which is what which is what I think we're doing.
>> Yes, sir.
>> We rescheduled her for Monday. And I do I do appreciate the clarification because that is an unusual circumstance.
Uh so so once again it seems like the best solution and officer if you have additional information please please inform please inform me but it seems like with the information I have right now it does look like the best approach is to is to reappear. I I can leave the $10,000 bond. It looks like it's immaterial at this point because even if she posted it, she would just be returned to Dove.
So So So let me ask you this question for the officer. Uh and and and this is a unique circumstance as far as I'm concerned. I I've never seen this before. If I ro her, does Dove come get her? And is that a better result for you? Your >> Well, we would we would we would Yes.
But I don't know if she can go back to the same place where the victim is or they have to find placement for. I'm not sure.
>> Yeah. Um >> he said the B was 2,000. Now it's 10,000.
>> And then is Hold on. And then is there is there a do you have a place to hold her if I leave the $10,000 bond? Is there a solution for you?
>> Yes.
>> Yes, we we we have a place to hold her.
>> And it seems like that's a minimal hold until Monday. And that that may be the best solution because otherwise I'm not sure how easy it's going to be for Judge Mercer to see her again on Monday.
Anything attorney?
>> Your honor, I think the best uh solution is just to bring her back on Monday.
regardless and leave the $10,000 bond so that we can address the hold with DJJ.
>> Okay, let's do that. I agree. Next, we have Jiren.
>> Mr. Miller, did you see the video adi advising you of your rights?
>> Uh, yes, sir.
>> You're charged with you're you're here as a fugitive from the state of Alabama.
Also on the on the cover sheet, it says possession of drug paraphernalia, but I was unable to locate in the affidavit anything regarding paraphernalia. Do the attorneys have anything on that?
>> Uh, no.
>> Let me let me while he's looking for that. Um, Mr. Miller, you are here as a fugitive from the state of Alabama. There's a hold from the Department of Corrections. So, since it's another state, you can either wave extradition or not wave extradition. It is entirely up to you. I believe it was covered on the video that you saw earlier.
If you wave extradition, it simply means that Alabama can come get you more quickly. If you refuse to wave extradition, Alabama has to go through the governor's warrant process, and it takes a little longer. It has nothing It has nothing to do with guilt or innocence. Uh, it's simply about how quickly you get to the state of Alabama.
>> Okay. Yeah, I'mma wave it.
>> Okay, >> your honor. Yes.
>> Um, I found it. The complaint is attached. It's just past the um hit confirmation on NCIC where when they ran into him at the store in Campbellton.
They confirmed that warrant, but they also placed him under arrest for possession of drug paraphernelia with an arrest date of May 27th, so yesterday at 7:19 p.m. And it appears that probable cause does exist. Thank you. I would request that he be brought back on Monday, which I think is their general policy anyway on a misdemeanor in case he can resolve that case and go on back to Alabama since he wants to sign the waiver.
>> Anything from the state?
>> I was just about to recommend that, your honor. I think um and as for any conditions of possible bond, it may be immaterial given he may be extradited back, but we request that if he does get a bond and he does make it, he be subject to random UAS. Okay. So, so I'll I'll set a bond of $2,500 random UAS.
Um, he's indicated he wishes to wave extradition, and I'm going to request the officer bring him back Monday to to to re-evaluate his case.
And do do we uh do you sign the waivers now in Jackson when you do that?
>> That's we usually we don't have them sign it until their local charters resolved.
>> Okay. Sure. Sure. Okay. Very well. Do you have any other matter today?
>> No sir, we do not.
>> Okay. Thank you, >> your honor.
>> Before we disconnect, >> can I tell can I tell the judge? Uh y >> not right now, Mr. Miller. This is we're um Judge Grover is covering for Jackson County. The best thing you can do is just hold that information till Mr. McDaniel on Monday. Let him relay it to Judge Mercer.
>> All right. Um, but Judge Grover, my question is back on Jonathan Joiner. I I just I I've been thinking on that one since Mr. Mitchell said he won't be seen until July. And I know that that rehab program is not going to hold his bed for over a month. I understand that it's a felony charge, but I still believe that Judge Mercer will be much better suited to look into whether or not it's the same charge that he did time in Alabama on, you know, their companion charges. I just want him brought back up on Monday.
That's >> Tell me. Tell me the case again.
>> Jonathan Joiner, he was the al it's a 2023 case and we said a $30,000 bond.
I've got no into anything we did.
>> I just since he's in a rehab program, I would just like that one additional step just in case there's something that can be done to save that.
>> And I think I think that's a reasonable request and officer uh just to set Mr. Joiner, Jonathan Joiner back for Monday as well.
>> Any other matter? No, your honor.
>> No, sir.
>> Thank you.
TCF live on a Thursday. Apologies for that five or six second pause there. I was listening to another feed trying to figure out what to show you guys next.
Let's go.
Texas Judge Stevens. Say good morning to him.
>> Now, this stack right here, which is this stack you gave?
>> Well, I put the ones from yesterday for Mr. Himler on top because you said you wanted to do those first.
>> Yeah. Well, this is a short docket at nine, >> right? Underneath that is the two initials and then the 930.
>> This is all I hear. Just two.
>> No, >> you're judging.
>> It's right.
>> Look, >> let me get this. I got it. You got it.
>> Yeah.
All these are kiddos.
Yes.
>> You passed it up.
>> Those of us we said are looking for Zane Kimble.
>> Yes.
>> Just making sure you didn't have those.
I get it.
>> Okay.
Mr. Kimble, you have been indicted in cause number 26, CR341 for the thirdderee felony of stalking.
And I don't see any prior convictions here.
Fix this.
>> Are you getting an attorney?
>> Why not?
>> Were you a mom or >> I lived alone too before I got married and had three jobs and put my way to a school? Three schools.
Well, if I can do it, you can do it.
Anybody can do it if I can do it.
>> Well, you got to do it.
>> You got to move and get going and get up and move around. But I'm sorry, you're >> 19.
>> Okay.
Are you going to school, college, or anything like that? Did you graduate from high school?
you you you're in a mess and adults have to fix their messes and the taxpayers the quarter of a million people who pay taxes in this county aren't going to pay for somebody who's able to like you. You're going to you're going to fix this on your own. Two things. Number one, you don't commit another crime. Yes, sir. And stalking is a thirdderee felony which carries with it up to 10 years in prison.
Who wants that? Not me.
Well, uh, you need to uh figure out how you're going to I'm going to give you a couple of weeks to talk with some lawyers to find out what they might be able to do to help you and how you might be able to pay them.
But you're an adult, which means you have to be independent and responsible.
Don't be a bum.
Live off everybody else. You're on your own two feet. You're able to work, able to do things, fix it.
Plus, don't make foolish mistakes. Now, you're presumed innocent here. And you may not be guilty, but you've been charged with an indictment and that's probable cause that a crime of stalking occurred.
>> Now, one other thing as a you posted a bond of some sort.
>> How much?
>> 600 something.
>> How'd you get that money?
>> Okay. Well, that's the way it works. You got to work your way out of the problem.
You cannot have any contact with this person who is named in here. It's >> my child's no until this gets finished. My order to you is you don't have any contact.
>> Yes, sir.
>> You have a child with her?
>> Yes, sir. Well, then somebody's got to work that out because I don't want to find out that there was a dispute or argument or some kind of uh offensive contact that occurs until this can get resolved and and uh that's the order of the court. If I find out otherwise, your bond gets revoked and you sit it out in jail until we can get this thing done. Anyway, come back in a couple weeks. Let me know where you are financially and we'll see where we go from there. Okay.
>> All right. You're you work with pools?
Yes, sir.
>> Okay. How much do you make an hour?
>> I don't make it a day. I make 125. I believe it's the last week and a half.
>> It's It's not regular work.
>> Well, what are you doing?
>> Typically, it is.
>> Well, what are you doing about getting regular work? I mean, >> right. It's >> I've been trying to get in the plants. I got my food every day.
>> Well, it's we all when they hit that age, you're an adult.
>> You got to, you know, become independent, self-sufficient, and don't foul things up by making mistakes, the criminal acts, because that costs money, and you don't need to spend it for that.
You need to spend it for to trying to get your feet on the ground and make a life.
>> All right. get a resetting, come back in two weeks. Thank you.
>> Okay. Uh Todd, first off, thank you for gifting two memberships. And how hilarious is this? You talk about working with your quote unquote dead people, and one of your gift memberships lands on the gravedigger 54. So well done there. And uh Barbara, thank you for $5 that you spent thanking Todd for her gifted membership and asking people to smash the like button. Appreciate both of you. Thank you so much. Let's um let's go to Fulton County, Georgia.
Judge McBurnie.
All right. Um, let's get on the record.
Miss Rivers, good morning.
>> Good morning, Judge. How are you?
>> I'm all right. You recovered from yesterday?
>> Yes, I did.
>> Great. Um, we're going to get on the record with Mr. Wley's case. It's 26PI00003118.
Mr. Wy is here with his lawyer, Mr. Nagasaka. The state is represented by Mr. Peoples. This is an unindicted case um that I'm handling through my presiding responsibilities um because it involves some charges that our magistrates are not authorized to set bond for if bond is appropriate. Mr. Wy, good morning.
>> Good morning. I'm Judge McBurnie.
Um, we're meeting for the first time and in a moment I'm going to hear from your attorney about why you should get a bond and what that bond should look like.
I'll also hear from Mr. Peoples, the prosecutor. Um, and we will figure out where we go from there. Um, you should know, Mr. WY that you are charged with rape, two counts of aggravated sodomy, aggravated sexual battery, sexual battery, cruelty to children, incest, aggravated child molestation, and reckless conduct. Um, so there's serious sounding allegations, but of course it's not even an indictment yet, and you're presumed innocent. Um, but um, we're talking about some serious charges. Um, Mr. Nagasaka is going to share some things with me. I do have a question. I don't know, Miss Simpson, if you've got an answer. There's a W on the calendar um next to Mr. Wy. Nothing that you have. Okay. All right. I just need to make sure you don't have a warrant from somewhere else because then Bond really we don't need to be talking about a whole lot. Okay. Mr. Nagasaka, when you're ready.
>> Thank Judge. Um Mr. WY uh as you can see is the big thing that I want to talk about today I guess is how >> sure how that relates to his bond. I think that is a big um I think it's relevant to a lot of the bond factors here.
>> Um I was unable to pull his criminal history. So I am I don't want to go out of limb.
>> You don't need to. We have pre-trial services here and so I'll be getting from them his criminal history. Um so you can share what you think you know but we'll get the definitive answer before I pivot to Mr. Peoples.
>> Um >> or Mr. Peoples will give it to you.
>> All right. So, it seems like he has uh some older felonies, the most recent from 2008 and nothing uh sexual in nature. Uh that is what I was hoping to see. That is the information that I received from Mr. Wy. Um so, I believe Mr. W is a great candidate for bond under the Yava factors. He uh has never committed a defense like this before.
And uh as your honor can see and as I was saying, his uh health condition really prevents him from doing a lot doing too much. I think in terms of if you look at his uh likelihood of intimidating witnesses, was likelihood of of reaffending is danger to the community. Um not putting aside the fact that it's a first offense of this nature. physically he uh has COPD. Uh he's been diagnosed with diabetes. He was at Grady um from Thursday until yesterday. So last Thursday for a week. They just brought him back to Rice Street. Um he can't really maneuver himself anywhere. He has a caretaker that he'll be staying with.
That caretaker does everything for him, cooks for him, helps him dress, helps him get around. Um I was hoping to see him in court today. Actually, he wasn't able to make it, but I did talk to him yesterday. He was the caretaker.
>> Caretaker. Yes. He was president of Mr. Wley's preliminary hearing in front of Judge Ashley a few weeks ago and I've I've had a chance to talk with him in person there as well. Uh he uh confirmed yesterday that Mr. Wy can stay with him and that he has been taking care of Mr. Wy for about the past two years and confirmed again that he has serious issues with taking care of himself and his mobility. Um, I think that's a good reason to take him out of rush tree from a humanitarian standpoint. I think they are having some trouble managing his symptoms. He is in slightly worse condition than the last time I talked to him, unfortunately. But under the Ayala factors, I think it it >> he this is not a guy who's being unleashed back on the street. He's going to be at his house. He stays at his house.
>> So So the caretaker would reside with Mr. Wy.
>> Excuse me. he would be going to the caretaker's house where Mr. Riley has been residing.
>> Okay.
>> Um there is no relationship. So the the alleged victim here is Mr. Wley's family member. Uh the alleged victim's contact with Mr. Wy consisted of them coming to the caretaker's house to visit him.
There's no biological um there's no there's there's a less direct I guess the caretaker is a is a family friend of Mr. Wy. So I can't say there's no connection there. But the alleged victim was there from Mr. Wy.
They weren't there to visit the caretaker. Okay. there's no reason for them to return to the home. Um, and of course with these allegations um I'm sure they will not be returning. There's no other minors in the house. Um, it's just um um Mr. uh WY, Mr. Johnson the caretaker, and uh I think a grown male cousin lives there.
>> A cousin of Mr. Wy or a cousin >> Mr. Johnson?
>> Mr. Johnson. Uh so I would submit to your honor that there given that set up in Mr. Wley's physical condition there just isn't a significant risk of reoffending of danger to the community of intimidating witnesses and Mr. Wy as far as his ties to the community he is a lifelong resident of Georgia and he has of course family here uh including his caretaker who he's lived with for two years. So I think that prong is satisfied as well uh Mr. uh Johnson, who again unfortunately wasn't able to make it today, was able to make it to port as a preliminary hearing, has indicated to me that he would help bring Mr. Wy to port. Um he has been very responsive, has always answered my calls, has been very generous with his time with me. Um so I would submit that the uh the fourthly off factor of uh risk of flight uh that he Mr. Wy is not a significant risk of flight and that a bond would be appropriate in this case. Uh, as far as a number, I'd ask for $50,000.
Um, I think that is maybe low for these charges um, in this jurisdiction, but given a lot of the mitigating factors in Mr. Wigh's case and the fact that just for health reasons, it would really um, be good for him to be out of bre, uh, that's the number that we ask.
>> Got it. Okay. I appreciate that. Mr. Wy, um, Mr. Nagasaka said that you were recently at Grady for about a week. What caused you to have to go to Grady?
>> Uh pneumonia.
>> Pneumonia.
>> Yes.
>> Okay. Um they were able to treat that.
>> Yes.
>> Okay. Um what is the Mr. Nagasaka described a number of conditions that you're suffering from.
Um, is it the COPD that mostly lays you low or >> the COPD?
>> Okay.
>> Yes.
>> All right. How old are you?
>> 61.
>> How long have you known Mr. Johnson?
>> Um, about 4 years.
>> 40.
>> Yes.
>> Okay. And you stay at his house?
>> Yes.
>> Do you get disability benefits?
>> Yes.
>> And that's how he's able to help afford to care for you?
>> Yes.
>> Okay. Got it. Thank you, >> Ms. Harvey. Good morning.
>> Good morning, honor.
>> Do you have any criminal history information on Mr. Wy?
>> Yes, your honor. 34 cycles. His last arrest was in 2014 for a capital offense. That case was not presented to the grand jury out of Fton County. I'm showing the last felony conviction was in 2013 for possession of cocaine.
There's a 2008 burglary conviction. 2007 possession of tools and theft by taking 2006 purchase possession control of drugs.
2004 purchase possession control of drugs. 2003 possession of cocaine. 2001 theft I received in stolen property.
1995 violating the Georgia Control Substance Act and 1989 aggravated assault. And nothing further. Honor.
Thank you so much, >> Mr. Peoples.
>> Yes, >> good morning.
>> Good morning.
>> Um, your honor, yes, uh, the state was going to site um, uh, Mr. Wley's extensive criminal history. I do, uh, concede to defense council that it has been some time since that uh, since his last offense. What was I, if you've had a chance, and I guess I could press Miss Harvey for that. The 2014, she described it as a capital offense, >> murder judge.
>> Oh, okay. But it wasn't presented to the grand jury. Whatever happened on your side of the shop, they your office concluded, "We're not moving forward with that."
>> And I can't speak to that, Judge. I I attempted to look this morning. I I'm unable to see.
>> Okay. I mean, clearly didn't go forward to an indictment.
>> Yes, judge.
>> All right. Back to you. Um yes, as it relates the the state citing the IAL factors, we believe that he is um a danger to the community as well as uh a risk of reoffending while out on bond uh citing his extensive criminal history. Uh, your honor, the as this the court read some of the charges, um, a general u explanation of some of the facts and I'll use the the victim's initials, M as in Mary, W as in WY. Um, she was born on May 3rd of 2016. At the date of her disclosure and outcry, she was 9 years old. She describes uh ongoing sexual abuse by her father, the defendant, uh since she was three years old.
>> I want to unpackage this. You're saying that the 9-year-old is the biological child, not granddaughter, but child.
>> I saw ch I saw child in >> Mr. Nagasaka, you confirm that.
>> Yes. Based on what came out of the preliminary hearing, I believe it's it's child.
>> Okay. All right. and um she describes ongoing sexual abuse uh since she was three years old. She makes this disclosure to her sister, uh, her adult sister, Takara Wy. T O C C A R A WY, same spelling. Um, and she describes, your honor, um, uh, penetrative vaginal, uh, and penile intercourse, uh, unprotected intercourse with the defendant, uh, and the defendant knowing that he has a communic communicable, um, immuno deficiency disease. um as well as that the defendant u had her make uh oral contact with his his penis. Um we do believe your honor that and respectfully I understand that Mr. Wy through his council is submitting to the court that his extensive health issues would prevent him from making any further um assaults or uh sexual contact with children. But we don't believe the state submits to the court that he was able to continually abuse this child even with his uh extensive medical issues. And for all of those reasons, judge, especially citing uh at least two of the factors, risk of reoffending while out on bond and danger to the community, uh the state is opposed to bond. I believe our office has reached out to the victim. Uh we were having some >> some some difficulties touching bases with her. And when you say with her, I'm assuming it would be with some guardian.
>> Yes, judge.
>> Okay. And who would that be? If Mr. Wy is the father, with whom does MW stay?
>> Her sister Takara.
>> Okay. Um >> the person to whom she disclosed?
>> Yes, judge.
>> Okay. And this is an adult sibling.
>> Yes.
Um, and for all those reasons, judge, uh, citing the severity of these charges, uh, as well as reaffending while on bond and danger to community, uh, the state is opposed to bond. Uh, if the court is inclined to set a bond, we would ask for somewhere around $250 to $300,000.
>> Okay.
>> So, I think it's important for the record to reflect because what Miss Rivers is able to do is create a a text and there's no video that um, Mr. WY is here in court with an oxygen tank. He's seated. He's unable to stand. Um so Mr. Nagasaka is not um over um stating some of the disabilities that Mr. Wy um faces because of his medical conditions. That said, um what I would like to do, Mr. Nagasaka, and if I am told that I need a release, I'll turn to you for this. I would like to confer with the medical professionals at the jail about their ability to care for Mr. Wy and concerns they may have about his ability to receive the level of care that he needs based on the conditions he has. Um to me that is a pretty important factor. I'm going to call it the fifth IA factor. Um Mr. Wy does not present here in court as a flight risk. I'll grant you that. But um these allegations um involve um alleged conduct of Mr. Wy during a period when he was both more fit and mobile but also less fit and less mobile. Um so I do have some concerns about some of the other factors and um the dynamic that it's it's a a fatherdaughter relationship. Um the prong about influencing witnesses concerns me as well. So, um I would like to get a little more health information, not in terms of what are the specifics, but again, um Nathare and the jail's ability in partnership with Grady um to care for Mr. Wy while this case moves forward. Do you have any objection if I reach out to the medical professionals?
>> No, your honor, I think that that makes sense.
>> Okay. Um if they tell me that um they need a release of some sort, I will let you know and you and Mr. WY can confer about whether he's going to um share that. But again, I'm not asking them for any of the specifics about um Mr. Wigh's ailments. It's much more what what's your ability jail to um provide the appropriate level of care. Um because we do have some where it it actually is inimicable to health um to to keep the person there apart from people saying in general it's not healthy to be at the jail. Um and Mr. WY is certainly trending in that direction. Um so I'd like to chat with them. Uh Mr. Peoples, um anything else from the state?
>> Nothing from the state.
>> Okay. So Mr. Wy, I'm taking this under advisement. Um I need to talk with the doctors and nurses um at the jail um about your situation. Uh and then um if I need more information from the lawyers, I'll email them. We won't drag you back here for that. Um otherwise I'll get um an order in place either setting a bond or denying bond. Uh in the meantime um your case will continue to move forward. You had your preliminary hearing. The state needs to decide are they indicting not indicting and Mr. Nagasaka will be your advocate up until the point that the case is indicted. So if we need to talk about bond again he'll come to me and you'll come to me. All right.
>> Okay. Thank you everyone.
>> Thank you.
And that is of course my >> Wahoo. Welcome back to us. I have to admit though when I first read your chat message I read it as first inhome psycho went well. Maybe that's based on what we just listened to. So I will say this COPD is no joke. Uh my father died from COPD. My wife's mother died at 54 from COPD. It will mess you up. With that having been said, let me stress that what was presented here in court today were allegations against this man.
Nothing has been proven. But how in holy hell does somebody with COPD that seems to be affecting him as heavily as it is doing these types of crimes? My father could could hardly even move at certain stages. Uh, same thing for my wife's mother.
It makes no sense whatsoever. Um, and is sick. And I will say this, you know, these these are allegations at this point, but his criminal history is admitted to and proven, and it is incredibly long.
And I have to believe that for a lot of people sooner or later karma catches up with you and you pay the price for all the bad things that you have done. And it certainly seems like he's paying the price right now. Okay, exit Dan soapbox.
Let's go to Let's go back to Judge Stevens.
is versus Crystal Gale Nobles. Is that you?
>> Yes, sir.
>> You were here. And Mr. Kendler is your attorney. Correct. Go ahead.
>> The state's attorney is present. Two cases. You've got a motion, a first amended motion to revoke probation that was filed back in February where you were placed on probation in this court for burglary of a building and several eight grounds of violations were alleged, including fraudulent use of possession of identifying information at ground number 7 which was on or about alleged to have occurred on or about September 6th, 2025 in Jefferson County, Texas, which coincides with this new indictment that you've been indicted for a state jail felony for that fraudulent use. So, you've got this allegation in this new indictment as one of the eight violations alleged in this motion to revoke probation and it alleges a state jail felony.
>> And then you got >> Yeah, this isn't good.
two two thirdderee felonies in sequence. So if found guilty in this new indictment of everything alleged, you are looking at a state jail felony, but it would be punishable as a secondderee felony, which carries with it no less than two nor more than 20 years imprisonment.
Uh what we're going to do this motion to revoke probation first and then we'll go uh to the second one.
And you're looking at up to two years on this motion. Uh I'm sorry. Yeah. Up to two years, no less than 180 days. Up to two years in the state jail if this first amended motion to revoke probation is proven true by a propoundonderance of the evidence and you don't get a jury trial. what's in front of me.
>> And then we can go next this in that disposition and then go next to this case. By the way, these sentences have run stacked on top of each other. So actually, you're looking at 22 years up to 22 years in a prison facility for all of this. You've talked to Mr. Kimler about all of this. Have you decided which way you want to go on this? Just to >> because it's time >> just to explain the state extended an offer of two years state jail on each case to run concurrently. Of course two years on the MTRP would be an agreed recommendation and I've conveyed that to myself. You don't want to do that or how do you see >> I was hoping you have she's mumbling.
>> Sure.
>> I was hoping we could serve my probation out in >> you're going to get credit. You're going to get credit for all the time you have served.
>> Yes, sir. I understand. Whatever that is, you get credit for it.
>> I have over 6 months on my probation.
>> You'll get credit for whatever it is. By law, I don't have a choice. And >> I think what she's saying, your honor, she wants to have time served on the NPRP and then be given more probation on the due case.
>> That was the count.
>> Well, that would be my choice, not yours.
>> Yes, sir.
>> But here's the deal.
>> Here's the situation. There's an offer that's been made right now. This is You've had some time to think about it.
This is your choice. What do you want to do? If you don't want to take it, that's fine. We're going to But I won't accept a deal. We'll just take it one step at a time and you can do the math. It plays out the way over here. Ma'am, you you How long have you been in custody now?
>> Since February 1st when I turned myself >> this year or a year ago myself in February 1st.
>> Okay. February.
Well, you get credit for all that time on both cases.
>> Look, look, think of >> Yeah.
>> Why don't you go talk to him uh here and see if he can resolve this any issues that you have with you? But right now is the time you make fish or cut bait as we used to say when my grandfather would take me.
>> Okay. Let me show her.
>> Uh, Miss Nobles, you understand that if you accept that those those cases run concurrently together, so you they're not going to be stacked like they would be otherwise.
>> Okay. Because there's a big difference in the potential >> there's a big difference. And I just didn't want you to, you know, step off a cliff here because that's what it seemed to be happening here.
>> Okay.
Facebook and Crystal Crystal Nobles and Crystal Baker. That's her, >> right? Okay.
Everything else looked the same, but the surnames.
>> All right. Well, we wait to see uh another contestant pop up. Uh earlier, Barbara gifted five memberships. Thank you for that. And Todd gifted two more.
Thank you both. Very much appreciated.
Looks like it might be a minute before he gets somebody back up. So, let's go back up to Michigan. Let's say good morning to Judge Dos Santo.
Chris show.
>> Good morning. Okay. Did you pick up Miss Bates?
>> Yes.
>> Okay. All right. Okay. And so today's the date scheduled for sentencing in this matter on your client's plea to an amended charge of operating while intoxicated second offense. The third offense was dismissed by way of resolution between council and then also to the driving license suspended second offense. And council, did you have an opportunity to review the report and recommendation with your client?
>> Yes, your honor. all your staff currently sent that over to um me and Miss Lego. Um we reviewed the report.
There are no additional delete for and I'm glad that she explained by this uh program because she was actually accepted into the program.
>> She sure was. All right. Okay. And thank you for dressing appropriately for court as well. And um the court will find after reviewing the report the recommendation the eligibility into the treatment court here as well as hearing from council. The court does find there's reasonable grounds to depart from MCL 769.5.
The court is going to uh find that the following sentence is in the best interest of justice is reasonable and proportionate to the seriousness of the matter taking into account the circumstances surrounding Michel and the legislative guidelines. The court's going to order that your client is to participate in the 27th District Court Regional Wellness and Recovery Court compiled without terms and conditions thereof. And um we don't put a a time of probation because it's up to 24 months, but depending on how um Michel completes through the program. It could be 15 months, could be 18 months, whatever that may be. Okay. All right. Any questions? Um, your honor, one thing. If she is on a tether, is that tether able to be removed?
>> All right. So, Miss Schlaggel, do you feel as though the tether is helping you maintain your sobriety?
>> It was at first. Yeah, for sure. The Yeah, once I first got it, like I was like, "Oh, this is annoying." But actually, it was made me like overcome like whatever. There's like no urge to just like go out and drink. You know what I mean? If that makes sense.
>> No, it does. Yeah, it does. Yeah, it's been very helpful. It's definitely annoying, but it's been very helpful.
>> All right.
>> I mean, but I have been taking the drug test once a week, too, since I started.
So, I didn't know if that was like a >> Okay. So, how confident are you that you do not need to rely on the alcohol tether?
>> Honestly, I've been thinking about it for the past week or so. I feel pretty good about it. Um, I don't have, like I said, I don't have the urge to drink or anything. It just doesn't even people around like my daughter's dad has been like he had a beard around me. I know.
Um and I was just like annoyed like I literally left left my home because I was just like no. Which I'm leaving that situation also. So yeah.
>> Okay.
>> Yeah.
>> All right. Um the court will order the Oh, go ahead.
>> Sorry. If not, like if I feel uncomfortable, is there any way that I can talk to you and Courtney or whatever?
>> Of course.
>> Yeah. Okay. Cool.
>> Yes. Of course. So we'll we'll um you can that can be removed.
>> Um it's always it's always in play though, right? So if we put that back on then then we do. Um so all right. And then um as to the fines and costs, the court's going to order $500 fine, $100 screening assessment fee, cost prosecution $300, crime victim assessment fee of $75, justice system assessment fee of $50 for a total of $1,025.
And then the program fees, which I think they're $680, but I'm not positive. Um so Courtney will tell you that and then um payment plan can be set up through Courtney.
>> Okay. Okay.
>> Thank you so much.
>> Um then as the driving license suspended second offense, the court's going to order a $200 fine, crime victim assessment fee of $75, justice system assessment fee of $50 for a total of $325.
Okay. Um, you don't have to worry about making a payment right now, but you can set up a payment plan with Courtney and then you can get that um, situated with how you want to make your make those payments and when you want to begin those payments. Okay.
>> Awesome. Thank you so much.
>> All right. And so, how'd you get here today? Well, >> I got dropped off. Yeah, I have a daughter's dad. Yeah.
>> Okay. All right.
>> Good terms, but he's helping with this.
So, >> Okay. All right. So, um, I'm going to have you stop over at probation. I think that you may um chat with Courtney for a quick moment and then we will see you back. Are you scheduled back Monday or the following Monday?
>> Uh following Monday.
>> Okay.
>> Or yeah, I think it's the 8th.
>> Yes.
>> All right. Thank you.
>> All right. Keep up the good work.
>> All right. Thank you.
>> All right. Let's move from judge mom to judge dad. Check back in with McN. See what's going on.
>> 378 on behalf of Mr. >> Frame.
Frame. All right. So, what are we going to do on this one?
>> Your honor, he's going to plead to allowing an unlicensed driver to drive.
Prosecutor brief dismissed the limited access music.
>> Where's he been?
I I mean, I I I don't want to be dismissing a case where he went into default a year ago.
Why didn't you show up on this?
>> I was I was taking care of some other cases. again. Everything was offside and get my license back.
It's already been on his record.
I don't understand these people not showing up. You know that, Miss Patio.
I don't get I don't get some of these defendants. I I just don't understand it.
>> I know, your honor.
>> I know. It's just like 19th on their priority list, and it troubles me.
Your honor, I think that some people want to have their money obtained. They don't understand that they can get up.
>> So, I think that's maybe >> Where do you work?
>> Yes.
>> Where do you work?
>> From a frame company. We produce the F150 frames perform.
>> How much you make there?
>> Um $19,000 an hour.
You plead guilty allowing licensed driver to drive. I'll dismiss the uh limited access and I'll also dismiss the drive while suspect. Do you understand that?
>> Yes, ma'am.
>> You plead guilty of allowing licensed driver to drive with possible penalties or up to 500 fines, 90 days jail costs or all those. Do you understand that?
>> Yes, sir.
>> Did you sign, read, and understand the advice of rights?
>> Yes. If you plead guilty, you'll be giving up all those rights and we are not going to have a trial of any kind.
Do you understand that?
>> Yes, sir.
>> All right. To that charge allowing licensed driver to drive. How do you plead?
>> No.
>> Were you on March 22 at 25 at 3:54 p.m.
operating a motor vehicle on I75 near Han River Drive in the city of Rockland?
>> Yes, I did.
>> And uh did you allow somebody to drive that was suspended and that was true?
Are you on probation or parole?
>> No.
>> Anybody force you to plead guilty? No.
You know how bad your record looks, right?
>> Yes.
>> Plea is accepted. The limited access and suspend are dismissed. Anything you'd like to say on his behalf?
>> He is employed. He may need a payment arrangement depending on how much the fines implies are. I do believe he has a is it $200 the $200 um bond.
>> What's that?
>> To apply. He has a $200 bond that can also be applied.
>> Anything you'd like to say?
>> Stop doing this. She going to end up pushing the car down I75. You keep this up. You follow me?
>> Yes, sir.
>> 100 fines, 210 cost, 75 victim's rights, $50 justice assessment, 40 and attorney fees.
Well, that's a nah. I won't go that high. I'll go 180 in costs. 100 fines, 180 costs, 75 victim, $50 justice assessment, 40 in attorney fees, 445 or 90 days. You have a bond of 200. That is a two. How do you only post 200? Oh, I said 200 cash. So, that bond will apply.
How much more do you have today?
>> You said it was 440 total.
>> 445.
>> So, 245, >> correct?
>> There you go.
>> All right. Stay out of here. Good luck.
Thank you. Thanks.
>> Thank you. Good.
>> Thanks a lot, people. Again, Morgan Britain, >> real quick. Wahoo. Thank you for gifting that membership and you landed on Leavonne. uh new friend. So, uh Leavonne, congrats. Check out your membership benefits on the membership page. One of the things you get is the pre-show now. Lots of fun there. We uh we don't do court, we have fun. So, join us for that.
>> Talking purpose, your honor, like standing way.
>> You know, you know why I'm looking at her, right?
>> Where in the world has she been?
Gosh, I wish I wish I was the, you know, if I could take back turn back the clock 10 years, I'd be that 2016 and [ __ ] Huh? Be my 50 stuff. Where you been?
>> Very much in my children. Honestly, >> your honor, back then 10 years ago, she was significantly younger and also still not having a real grasp of how this process works. At the time she paying $250.
>> I hope she has some money with her.
>> She ignorantly believed that that took care of the ticket. Your honor, whatever communication that insists we're going to an old address. She's moving from there.
>> What's her new address?
>> The new address you're on is 20592 Maiden Wood Street.
>> Maple. Is that the same word? Maple Wood.
>> Yeah. One word. It's in Riverview.
48193.
So, you live it right down the street, too.
>> Would you like the new phone number you're on?
>> No, I don't want to advertise that. You can you can give it to them up there. We got a parental responsibility charge from February 21 of 25.
She didn't show up on that either.
And she knew about this, by the way, because we got something from her back in March of 17. Well, that was from her attorney doing a great job. She was going through a bankruptcy.
>> I get it. But, you know, she did not know u he was just being diligent, but she didn't know he had sent out that communication. She thought that you mean her lawyer didn't tell her she had a warrant for arrest. Appears to have been a breakdown of communic case sometimes, your honor. My client has been working real hard. She got six children. She's been waiting.
>> Six children.
>> Yes, your honor.
>> Husband and her father in the ch in the children's lives. Are you married?
>> She was gainfully employed, your honor, just until uh uh May the uh 8th of this year.
>> She had $150 with her, >> your honor. She She does not. Again, she just lost her job before. Uh she's >> How'd you lose her job at Ford?
>> I was stupid victim of harassment. Your honor, the union is disputing that right now. She expects to be victorious, but in the meantime, she's got five kids from the age of 14 and three in Poland.
Uh your honor, she doesn't have anything right now. She's dependent upon friends and family to help her. She just vice versa.
She came in nonetheless cuz she's going around taking care of these couple tickets she's got.
>> Yeah.
>> And and and just just for the record, your honor, she looks forward to going to court taking care of the other matter. She got a explanation that I think this will turn out really good for just allow her to walk out of here and keep taking care of her kids. She will be back.
>> This is Sky Baskin. How old is Sky Baskin? Do you know >> she's >> this parental responsibility says she's missing 30. This was at this was issued back in February of 25.
>> Yes.
>> Missed 36% of school at the time of the citation that was issued on February 21 of 25. We we suggested that not only was that accurate, but there's an excellent explanation for which we look forward to her next day in court so she can take care of that. It's not as bad as it seems on his face.
Did you graduate, ma'am?
>> 2006.
>> We know that we got to have kids graduate high school. They have zero chance, right? Zero.
>> Graduated three years ago. Good.
>> Ma'am, I'm going to go out of my way. Do not pull this nonsense with me again, okay? $1,000 personal bond on the suspend, $500 personal bond on the uh parental responsibility violation. Now, I want I want you to know these are out of two different municipalities. So, here you're fighting one in Flat Rock, one in Wood Haven. On the one in Flat Rock and the one in Wood Haven, you cannot leave the state without the consent of the court. You cannot violate any law or ordinance. She must appear in court as directed. On the Wood Haven one, I'm going to set that for June the 10th.
June the 10th. And that will be at 9:15 in the morning. They're prosecutors aren't here every day. If you want to go talk to the flat rock, I doubt they're ready for it.
>> We journey this matter. She's going to take care of a couple items.
>> June 11th at 9:30. So, you have a court period on June the 10th and June 11th.
Okay.
You you understand all that?
All right, you're walking out of here.
You're a lucky lady. Don't play this game with me again, please.
>> Thank you so much.
>> Have a good day.
>> Morning. How you doing? T.
>> Okay. Derski, >> Steven Michael Derski, file number 26F246110.
Good morning, Mr. Carmen.
>> Good morning, your honor. Michael A.
Carman 373824, >> sir. Your name?
>> All right. So, for purposes of arraignment, >> I'll enter not guilty. Now, you the prosecutor is going to plead to no ops.
The suspend will be dismissed. True.
>> Yes, sir.
>> Is that what you want to do, sir?
>> Yes, sir.
>> If you plead to that, possible penalties are up to $100 fines, 90 days jail costs are all those. Do you understand that?
>> Yes, ma'am.
>> And did you sign, read, and understand an advice of rights form today?
>> Yes, sir. If you plead guilty, you'll be giving up all those rights and we're not going to have a hearing or a trial. Do you understand that?
>> Yes, sir.
>> To the charge, no valid operator license on person. How do you plead?
>> Were you operating a motor vehicle in the city of Flat Rock, County of Wayne on the 1st of May of 26?
>> Yes.
>> On Telegraph near Valley Creek Drive?
>> Yes.
>> Did you have a valid license with you on your person?
>> Yes, sir.
>> You were revoked, right? Yes, sir.
>> Are you on probation or parole?
>> Okay.
>> Anybody force you to plead guilty?
>> No, not. Please accepted.
When did you last?
Why were you driving? Why was he driving? Can you tell me either one of you?
>> Uh I'm a single father. I have to take care of your children pass my parents pass. I'm all >> I'm sorry about that. You have to go get a license though, sir. You understand what I'm saying? Can't drive around on a revoked license. You've been revoked since the early 2000s, right?
>> Yes, sir.
>> And you had reckon you had two within 15 days back then?
>> Yes. Not a smart way.
>> And then you got to another one and uh separated from intoxicated third, right?
>> Did you go to prison on that?
>> I didn't. I don't.
>> Yeah.
All right.
Are you taking steps to get a license?
>> I have to pay my restitution. I get everything.
>> Restitution to who?
>> Open.
>> But you have to get a lawyer to help you navigate this. Where do you work?
>> I work for Beno Building Company.
100 fines, 175 costs, 75 victim's rights, $50 justice assession, 460 days.
Can you pay all that down?
>> I agree 100.
>> And then you pay the rest. I'll give you until June the 15th. Is that enough time?
>> Yes, sir.
>> If you don't have the money, then you either come up here on before that due date or call the court. I'll be glad to give you an extension. We can go on Zoom. Any questions?
>> All right. Good luck to you people against Mariah Elizabeth.
>> Two hours now in the books for episode 299 of TCF Live. That means tomorrow is episode 300 and it's Super Friday. I hope you will all join me. I cannot believe that tomorrow is going to be episode 300 of this morning's show.
Already time does fly.
Let's go back to Texas and Judge Stevens >> 5C or 519 is called the state of Texas versus is it Joshua Grey?
>> Um, you know this was your motion that you file we changed his first name.
>> Oh, >> it's not Justin. It's Joshua.
>> No, this is a different guys. This is this this is it.
>> It's not him.
Why didn't Let me see.
>> And the cause number may be the best over some calendar.
>> Well, this is this cause number.
>> I may I miss it.
>> What are you going to do with this?
>> Just I'll have to refile.
>> Here, Judge. I'll look it up and see case.
>> I have the Yeah.
Yeah. It's all filed in this case.
Well, you got the first letter right.
>> Justin, >> it's easily fixable.
>> But there's only one case, right? Yes.
>> Just all right. In 25 CR 519, sir, you were charged with the first hoe unadjudicated probation.
>> And in there are what you pleaded true at one time to allegations eight and nine and it would not move forward with that. I can't there's not a note of why but anyway what are we going to do today?
>> He was I believe Mr. Larity filed an amendment motion to revoke alleged two new public intoxications and we were able to use two of those since >> I know but we already I wrote true on those two earlier we must have had a hearing on it and then but we didn't move forward on it. There's no public precepts report and I don't know what we what we do. Judge, I don't have my phone with me cuz >> what are we going to do then?
>> I guess if the probation officers ready to proceed, >> they're always ready.
>> We can continue our whatever the disposition's going to be.
>> Okay. Ready to go then?
>> Ready? Yes.
>> Are you sir?
>> Yes, sir.
>> All right. You've had a chance to think about this and talk to your attorney, right?
>> Yes, sir.
>> All right. In 25 CR519, does the defendant uh Joshua Gibney wave a formal reading of this first amended motion to revoke unadjudicated probation? Can we proceed in summary?
>> He does not.
>> And again, for the record of his attorney, Mr. Kimler is present and the state's attorney and probation office.
In summary, this uh and by the way, raise your right hand, sir. Do you solemnly swear or affirm any statement you make during this hearing shall be the truth, the whole truth, and nothing but the truth? So help you God. Yes, sir. lawyer. In summary, this first amended motion to revoke unadjudicated probation states that on August 7th, 2025 in this court, you were placed on 10 years deferred or unadjudicated probation for the secondderee felony of assault on a it says peace officer/judge, but I think this was a peace officer.
>> It was a peace officer.
>> Is that true? Is it okay?
>> You talk to him about this. What does he intend to plead true to?
>> Well, I think he's already played on >> Well, he's true. We're have to redo it all. Is it showing >> he's already he set out his time on to the two public intoxications. So, let's counts one and then count >> eight.
>> Eight.
>> Yes.
>> I've got a true already on eight, but we can redo it. Is one necessary or can we?
>> We don't have to. I mean the same thing.
>> Allegation eight, okay, states that you committed the offense of public intoxication. That's a class C misdemeanor.
>> Honor about October 31st, 2025 in Jefferson's County, Texas, which was a violation of condition one of your deferred or unadjudicated probation order, which states commit no offense against the laws of the state or any other state. Is that allegation true and correct?
>> Is it? And number nine states got >> you failed to never become intoxicated or be under the influence of any intoxicating substance in that on or about October 31st, 2025, you were uh arrested for public intoxication and that was a violation of uh condition 11 and which states do not become intoxicated or be under the influence of any intoxicating substance including intoxication by prescription medication abuse. That allegation really is uh has to be we have to tinker with this a little bit.
Failing to never become intoxicated uh you failed to never become intoxicated as you were arrested, which isn't a finding of truth or guilt.
That's you're arrested for probable cause, but into public intoxication requires beyond a reasonable doubt.
>> Were and you have admitted to committing the offense of public intoxication. So, were you intoxicated or under the influence of an intoxicating substance on that day?
>> I wasn't intoxicated, but that's what they told me. But >> yeah, well, you've just admitted though in number eight that you committed the crime of public intoxicated. You just said that under oath to me. So, did you just falsely tell me that you were you committed the crime of public intoxication, but you weren't intoxicated?
>> Yeah. So, >> think about this.
>> In jail, you should be >> think about it.
>> Cuz you already you told me under oath that you were you committed the crime of public intoxication, which meant you were intoxicated.
>> Is that true?
>> Yes, sir.
>> That's what number nine states. you uh uh failed to never become intoxicated by being under the influence of an intoxicating substance of some sort on or about October 31st, 2025 when you were arrested for public intoxication in violation of condition 11 of your probation order. Is all of that true?
>> Yes, sir. I think you're ready for >> now. And I'm going to add a word to so this is clear because it says on failed to never become intoxicated on uh or be under honor about October 31st 25, he was arrested for public and I'm going to add the word when.
So when he was arrested for public intoxication I think that works then no judge All right. The court has uh supplemented that allegation with the word when to make it more clear that you failed to never become intoxicated uh or be under the influence of any intoxicating substance in that owner about October 31st, 2025 when you were arrested for public intoxication in violation of condition 11 of your deferred adjudication order.
And that is true and correct?
>> Yes, sir. Are you pleading true and correct to allegations eight and nine of this first amended motion to revoke probation voluntarily and because those allegations are true?
>> Yes, sir.
>> Do you understand that a voluntary and knowingly made plea of true to one or more violations of probation, that's enough to grant a motion to revoke probation by a prepoundonderance of the evidence or greater? Your probation can now be revoked and you can be sentenced to the full range of punishment which is a secondderee felony in this case carries with it no less than two no more than 20 years confinement in prison and a fine up to $10,000 can be assessed.
Understanding all of that, do you insist on pleading true today?
>> Yes, sir.
>> I find you pleading true voluntarily.
You understand and appreciate the consequences of pleading true. What are we going to do?
>> Judge, I I don't want to put him in prison. I think he needs some help. He's got alcohol problems and >> and and I don't know if he has a drug problem, but I know he's he's had some >> some alcohol problems in the past.
>> I don't think we can put him on regular probation for this crime.
>> We can't judge, but we can we can give him some some uh either >> ISF or or something along those lines.
I'm not sure ready to send him to safety or not. I say citizens truth.
>> What do you want to do?
>> Probation. Well, there the probation office is the key. Yes, sir.
>> Y'all close to it. What do you suggest, sir?
>> I believe safe would be a good recommendation or ISF substance abuse with JCDI as afterare.
>> One was your condition. The second thought. Yes sir. That's >> all right. So, >> uh, ISF substance abuse track >> intermediate sanctions facility.
>> Yes, sir.
>> With substance abuse track.
>> Yes, sir. with Jefferson County Drug Intervention Program as applicing this first amended motion to revoke unadjudicated probation to grant it by preponderance of of him or greater as allegations 8 and nine have been proven true and that is enough to grant this motion. Your probation can be revoked and you can be sentenced again to no less than two no more than 20 years confinement in prison.
But in lie of that, what we're going to do is continue your probation.
>> Yes, sir. You will be ordered uh to attend the intermediate sanctions facility substance uh abuse track and that will be a con an amended condition of your probation.
After that is completed, then you will want to work with the probation office here directly and uh complete the Jefferson County drug intervention program after care program. One the intermediate substance abuse felony uh ISF that's inatient >> and then that afterare be out uh patient. So that's what we need to do to get you to successfully complete this >> without going to prison for 20 years.
You understand?
>> Yes, sir.
>> All right. the those uh >> conditions will be added to your probation and order will be prepared and then you will be transferred over to ISF and then come back and then work with the probation office uh taking care of your business getting a job and things like that you know taking care of your family you have a Where are you in the great scheme of things?
>> You've been putting yourself first, but you're not.
>> Your family is certain certainly ahead of you.
>> That's the way it should be.
Get your priority straight. take care of this and be a role model for your family like you're supposed to be >> is it >> by making the right choices so that you're setting a good example. You promise >> just don't talk about it do.
>> Thank you. That is something we want to leave in therapy open and hold it in advance or close it out.
>> You can close it out and if there is a problem we'll just >> reop.
>> Yeah.
>> Okay.
Okie dokie friends. Solidly in hour three of TCF live here on this fine fine Thursday. Let's check in with Judge Simpson. We haven't seen Jay said yet today. See what's going on there.
>> Rejourn June 18th, 2026 9:00 a.m.
Without objection. Bond continued.
>> Thank you.
>> Thank you.
>> Thank you.
Court calls gays people versus it Torino Rogers your honor before the people found you leave before Mr. Rogers.
>> Oh, there he is. Mr. Rogers, can you state your name, please?
>> Rogers. Thank you.
>> And we'd like to set this for preliminary examination, please.
Discovery is complete.
>> And what facility is he in?
>> GCS.
>> Pardon?
>> Two or four.
People have their witnesses available.
The 9th.
We'll do our best to your honor.
>> Well, no, that's not going to be two weeks, is it? Pardon?
>> That's not two weeks. I got to go to 16th.
>> Preliminary examination in this matter in person will be set June 16th, 2026, 9:00 a.m. in person before Judge Moore >> Judge Moore.
continue.
>> Thank you, your honor.
>> Court's case people versus Joshua White.
Assistant publicly on behalf of Joshua White.
Oh, got him. Mr. White, can you state your name, please?
>> Joshua White.
All right, >> we're asking for an adjournment. Um, we're working on making contact with Mr. White. I've sent an email and call, but I've not been successful yet.
>> Right. They need an east.
>> I don't honestly know where >> West Virginia is my understanding.
>> Got it.
>> Is that right, Mr. White?
>> Yes, ma'am.
All right, let's do four weeks and that will be enough time for the red on that June 25th, 2026 9:00 a.m. Bond continued.
>> Thank you, Dr. >> Thank you.
>> Thank you, Mr. White.
>> Thank you, Josh.
>> Cult's case of the people versus Lewis Gains III.
on behalf of Mr. Gains who's approaching >> here, sir. Mr. Gage, can you state your name?
>> Uh, Lewis Gangster the third. I have before me a plea form. Is that what we're doing?
>> Yes, your honor. Kate said he's going to plead no contest to an added count to aggravated assault, the one-year offense upon a successful plea to that charge.
Count one as well as the case 26F55068FY in its entirety will be dismissed.
Um the defendant is agreeing to pay full restitution on that dismissed case in addition to any restitution on this case. Defendant is also also agrees to participate in the 15th district court mental health treatment court. That is the court's full understanding of the >> That's correct your honor.
>> That's accurate your honor.
>> May I have it sworn sir the testimony you're about to give will be the truth the whole truth to help you God.
>> Yes I do. State your name, please.
>> Lewis Gates the third.
>> Sir, you supposed to understand you're going to plead no contest to the charge of aggravated assault. That is a misdemeanor punishable by up to one year incarceration, a $1,000 fine plus court cost. Do you understand that?
>> Yes. All right.
>> Do you understand what a no contest plea is?
>> Yes, I do.
>> Two things about it. I have to make sure that you understand it. First of all means that you're not further desirous or wanting to contest this charge. You understand that?
>> Yes, I do.
>> Second thing is is that for purposes of sentencing, the court would treat you the same as though you had plead guilty.
You understand that?
>> Oh, yes.
>> All right.
You understand also, sir, that while I'm taking your plea, I would not be your sentencing judge and you would be sentenced before Judge Perry in the 15th District Court.
>> Okay. Yes.
>> Okay. There was ple no contest.
>> Uh yes I did.
>> The basis for the no contest plea >> uh potential civil liability your honor.
>> All right sir to that charge. How do you plead?
>> Uh no contest.
>> You understand that by pleading you'll not have a trial of any kind?
>> Yes.
>> You signed an advice of rights form. Is that correct?
>> Uh yes I have.
>> Any questions about those rights?
>> Uh no.
>> Look at paragraph five. You'll see a copy on the podium. Those are your rights which are part of the trial. You understand? By pleading no contest, you're giving up those rights as well as all the rights on that form.
>> Yes, I do.
>> You understand you're giving up your right to appeal a love right?
>> Yes, I do. Your honor, >> are you on probation or parole?
>> No, I'm not. Has >> anybody promised you anything other than what's been stated here today to get you to ple?
>> Oh, no. No, no one has.
>> Has anybody threatened your coercion?
>> No, no one has.
>> You're doing this voluntarily and of your own free will?
>> Oh, yes, I am.
>> All right. The court has been provided and has reviewed and police department report for their case number 2614707.
Any objection to the court having reviewed that >> from the pupil >> none from defense.
>> Based upon a review of that report, the court does find that there's a sufficient factual basis in which court could determine a defendant's guilt to this offense.
Sir, I do have to apprise you that between the time of my acceptance of your plea and the time of sentencing, if you commit misconduct as defined by the Michigan court rules, would not be entitled to withdraw your plea and the court would not be bound by any sentence evaluation or recommendation. You understand that, sir?
>> Yes, I do.
>> All right. Is council aware of any other promises, threats, or other inducements which have led to this plea? None >> from the people.
>> Defense is not aware of any, your honor.
>> And have I complied with the court rule?
>> Yes, your honor.
>> Defense believes the court has. Your honor, >> court will accept the defendants's plea to count two. Count one is dismissed as well as case what's it 20 2755068.
Pre-sentence investigation and report is ordered at 15th district court.
Sentencing in this matter will be the date >> June 16th and 30. They did not >> they did not provide a date. June 16, 2026, 8:30 before Judge Barry.
>> Your honor, may I briefly address bond?
May >> uh your honor, uh my client has resolved these cases. Now, my client uh is currently residing at Avalon Housing. Uh I've been in contact with the uh coordinator and the and the court liaison. Um Mr. Gains has been incarcerated since this incident and he needs to get back and secure his apartment and make and make make sure that his belongings are secure. We're asking for a PR bond in this case, your honor, with obvious >> from the people.
>> All right. I am not going to at this time grant a PR. I have no objection to a PR after he's interviewed and properly placed court, but the court has no objection to that.
>> Okay. So um after uh interview then he gets a PR bond. Okay. Thank you.
>> Correct.
>> I think thank you >> PSI.
>> Yes.
>> All right. Thank you.
>> That's called the case people versus Noel Sims.
>> Your honor.
>> I'm sorry. Judge, do you call Noel Sims?
>> Yes. Uh, assistant public defender Jay Bellinger on behalf of Mr. Sims who should be approaching.
>> Mr. Sims.
>> Oh, I apologize. Thank you. Can you state your name, please, sir?
>> No. Glenn Sims.
>> All right.
>> You may.
Hi.
All righty, friends. No approach in Judge Simpson's court is ever brief. So, let's move along. Go down to Texas.
Check in with Judge Boyd.
>> All right. So, is there a motion to revoke filed in each of these cases?
>> No, judge. The evading case is a uh we haven't done anything. It's a new case essentially. It's older. Oh, the 2020 case is new.
>> And then we have the MTR.
>> So, does he have a bond set on that case or No, >> he does not, judge.
>> Okay. Well, we'll start with that case.
All right. The court is calling 2020 CR2124 and 2018 CR 829W state versus Jacob Lopez. Could I have parties announce for the record?
>> Megan Galloway for the state. Linda Corley for Mr. Lopez.
>> All right. Your attorney has filed motions to set bond in each of these cause numbers. So, we'll start with the evading arrest case according to the defendant's motion.
There was an FTA.
>> Yes, your honor.
>> All right. So, in order for the court to set a bond on this matter, you'll need to address the FTA.
Uh, judged.
Can I step back for one second? Sure.
>> Yes, I did. Thank you so much, >> judge. My client was in fear that he was going to be arrested and he made a poor decision. There were a lot of things going on in his life at that time.
>> So, here's the thing.
you all need to step back and discuss things because his fear and that's the reason why he didn't come to court. That means that he may have willfully failed to appear and there is new laws as you all know that are in place. If somebody willfully fails to appear so if y'all want to step back and do your research on that and address it then the court will hear whatever y'all want to present because the law has changed.
Thank you judge. You're welcome.
short and sweet there. We'll stay in Texas, but uh rotate back over to Judge Stevens.
>> Jason Smith, sir, you're here with Mr. Kimler, your attorney, and the state's attorney. There are Two motions to revoke probation in cause number 18-28788 and 18-29417.
And to round out the field, we have a new indictment, which is the problem here. You were placed on probation earlier and then now uh we jumped up with something that should have never happened. You're alleged to have committed the first degree felony of aggravated robbery, which carries with it up to life in prison.
What a mistake. And you're looking at a seconddegree felony in 29417, up to 20 years in prison for that aggravated assault with a deadly weapon. And a secondderee felony for illegal possession of uh of a controlled substance, which let's see, what is it? Uh, methamphetamine hits keep on coming here.
Okay, what are we going to do?
>> Defer statement.
>> Got it.
>> Judge, I have sent you a dismissal on the new charge.
>> This one uh 25 CR1015.
>> Yes, sir.
>> I don't have it. I'll >> And the reason why you haven't received it yet is it's on yesterday's >> Yes.
>> Then what? I just ask them.
>> Yeah.
>> What are we going to do on these two motions?
>> The agreement with the defense is he's pleading true to count two on the two motions.
>> The communication has >> and then we are not in agreement as to the disposition.
>> It comes to you. Yes, sir.
>> First thing is not withstanding all of this. Yes sir.
>> This 25 CR1015 motion to dismiss. All the parties want me to sign it now. Correct.
>> Correct.
>> We don't need to wait.
>> No, sir.
>> No.
Dismiss.
>> Thank the interest of justice is what it says.
>> Correct.
Just call me.
Anybody else?
>> Cases 18-28788 and 18-29417 the state of Texas versus Jason L.
Smith. That is you, sir. Yes, sir. And with Mr. Kindler, your attorney, the state's attorney and probation is here for us. Does the defendant wave formal readings of these motions to revoke probation? Can we proceed in summary?
>> Raise your right hand, sir. Do you slemly swear or affirm any statement you make during this hearing shall be the truth, the whole truth, and nothing but the truth? So, help you God.
>> Yes, sir.
>> Put your hand down. In summary, 28788 states in summary that on or about June 21st, 2019 and this criminal district court of Jefferson County, Texas, you were sentenced to 10 years in prison and that was suspended and you were probated for 10 years for the second degree felony of illegal possession of a controlled substance and as we know it is methamphetamine here as listed. All of that true and cool. Yes.
I'm writing um I noted that in each of these cases the defendant pleaded true to allegations two and three >> back on August of last year and then We did not move forward on that for whatever reason.
>> If the defendant the fed federal government filed a case on them at that time to federal federal custody on these.
>> So what are we doing on these two?
>> We would proceed with same thing >> in each of these uh two cases. Uh sir allegation two states and we can take these up together.
that you failed to. And number two states, you failed to provide verification of performing community service as required in violation of condition 17 of your probation order, which uh states being uh excuse me.
All right.
>> This um we got another follow.
It's it's misstated on the condition. It says in condition you failed to perform community service hours in each of these in violation of condition 17 of your probation order 17 of your order says be inside your home every day from 10 to 6.
It's curfew. It has nothing to do with this.
Number 15 does say in your community service uh supervision orders perform 800 hours of community service restitution. So that's what that is. So that's a mistake. This is should be changed to 15. Any objection?
>> Condition 15.
All right. Once again, in each of these two allegations of these motions to revoke probation, allegation two states you failed to provide verification of performing community service hours as required and directed in violation of condition 15 of your probation order. Is all of that true and correct?
>> Are you pleading true and correct that voluntarily and because it is true as it is alleged?
>> Yes, sir. You understand that a voluntarily and knowingly may give truth to one or more violations. That's a probation. That is enough to grant a motion to revoke probation. Your probation can be revoked in these two cases.
And in 28788, you can be sentenced to no less than two nor more than 10 years confinement in prison because you were on regular probation for 10 years confinement suspended for 10 years.
And in 29417, your probation could be revoked. You could now be found guilty because you were placed on deferred or unadjudicated probation in that case.
And you could be found guilty and sentenced to the full range of punishment of no less than two nor more than 20 years confinement in prison.
That's a total of 30 years in prison.
Collectively, do you understand what can happen and the consequences that can occur by your pleas of guilty are true to these violations of probation?
>> Yes, sir.
>> Knowing that you insist on pleading true today.
>> Yes, sir.
>> I find you pleading true voluntarily.
You understand and appreciate the consequences of pleading truth.
>> There's one other violation that was earlier pleaded to, and that was number three. you failed to pay court assessed fees as directed and you were in a rear $564 in one case and $1,334 in another case. And that's for your probation fees, costs, etc. >> Were you able to pay those?
>> Uh, not at the time. I actually run my own business, so I didn't have a lot of work at the time.
>> So, you weren't able to pay those?
>> No, sir.
>> What was the date, your honor?
July 20 uh July 3rd of last year.
>> So at that time?
>> No, sir.
>> Okay. Uh that's about $2,000.
>> Correct.
>> Total. But you had your own business?
>> Yes, sir.
>> And you couldn't pay that?
>> No, sir. I didn't have a lot of work coming in at the time.
>> What was your business?
>> Like construction. I didn't have any clients or any work going on at that time to bring anyone in at the time >> in this town. You couldn't find a construction job?
>> Yeah.
>> Okay. Were you trying hard?
>> Absolutely. I'm on Facebook, sir. I'm on Facebook and Google. I make posts all the time and I drive around and just look for properties.
>> All right. What are we going to do?
>> What do we have an agreement on anything?
>> There's no agreement. What do you Okay.
>> I would just observe that since he's been in custody since I believe June 28th of 2025 that he's developed.
Um I would say the answer >> uh actually they uh removed it. So I'm in remission from it I believe that they consider it.
>> They have procedures while I was in custody in Houston.
>> Yeah. My lip notes in my groing area.
They I'm waiting on MRI for the black spot on my liver. But >> and what does that have to do with the mission of these offenses?
>> Nothing on just it does it may be relevant to the court's decision and verification.
>> The sympathy move. Well, the state would have to pay for extensive care to sit out on the porch and hockey.
Well, >> if that was it, people would start cutting off their fingers so they don't have to go to jail. I mean, that's that's we all have we all have physical issues.
>> No, mercenary.
>> Yeah, it was it's a hell married throw.
It's But it's sometimes those things are caught in the end zone, you know.
your misdemeanor history. You you've got uh class C theft conviction back in 2014. The uh evading detention, 90 days in jail and 14 class B theft, a second class B theft, 90 days jail 14, reckless driving that was deferred and it expired.
Okay, that looks like it correct sir.
How much time does he have? Please go ahead on Nice.
I'm this the facts on the precinence report and then I'm going to let the lawyers send it on uh month number 28788 which is this illegal possession of a controlled substance honor June 15th, 2017, >> the police u stop your vehicle at a as there was information they had that that you may be transporting no cockus in a silver dodge truck Ram truck. That was your truck, I guess. And they smell the odor of marijuana.
uh you consented to a search. As a result, plastic baggie uh with methamphetamine was found in the center console and then you uh pleaded guilty to that >> on this 29417 aggravated assault with a deadly weapon.
>> Yeah. This occurred subsequent to this June 15th incident here as on October 28th of 2017 17 July August September you know four lots at 10:30 p.m. Let's see.
Uh, two people were in their vehicle with an 18-month child, old child on Netherland Avenue when apparently you pulled up next to their vehicle for whatever reason, pulled out a small caliber handgun with a laser attachment and stated, "I ought to shoot your [ __ ] ass." and then sped off. after dropping the children at a babysitter, the complainant and the other person headed to Bulmont and then you came up from behind, drove around getting in front of their vehicle, attempted to stop in front of them and they they were there was a little chase going on at speeds of over 100 miles an hour on Interstate 10.
Police were contacted by phone by by the complainants and let's see and they were told to meet officers at Portell.
apparently.
The next day, the incident was reported to Netherland Police Department and uh they made contact with you and then apparently that uh meeting with the police never occurred. Then the district attorney's office indicted you for aggravated assault with a deadly weapon.
So that's indictment states you knowingly and and intentionally threatened the complainant by stating I ought to shoot your [ __ ] ass and then did in there use a deadly weapon namely a firearm during the commission of the assault. you pleaded guilty to that and then you were posted on deferred probation on that case and regular probation on this uh this earlier one the illegal possession of substance >> okay go ahead state I think I see where we are >> all right so judge I believe this this disposition originally on these cases predates me having this case load. Um, I can tell from the PSI that there was a state jail felony offense originally. Um, possession of control substance. When you look at >> Yeah. that PSI there that stated it. It appears that in 2000 in April of 2018, we dealt with the state jail and the possession charge. And um what the honor did was order that uh he do some state jail time and then successfully complete the substance abuse felony punishment.
He picks up de aggated assault charge on October 22nd, 2018. He's granted deferred as all those are operating. And then in 2019, the possession charge is changed over to a straight probation.
So that's really the only kind of the procedural changes that occurred there.
And I point that out because I believe we've used a lot of resources to try to get his attention and hopefully he would successfully complete probation.
Uh based upon the tree the pleas are true today. We know that that he's failed in that regard.
the um the offenses them themselves warrant a prison sentence specifically the aggravated assault. Um >> he's got by the way 602 days correctly almost two years >> because one of the offenses has a 10year uh probated for 10 years. I'm suggesting to the court that he be sentenced to both >> both cases for a term of 8 years to run concurrent.
>> Go ahead, Mr. On behalf of the defendant.
>> Yes, your honor. I think that and again I don't want to speak at turn with words into the state's mouth but but for the new offense that was alleged and then abandoned and dismissed that perhaps we wouldn't have an MTRP before the court just for community service administrative violations which is where we are at this stage. Uh I would agree that if the state had been able to prove up the new uh aggravated assault or if the federal government had chosen not to dismiss that case then this would be in a different posture before the court for reunification. But as it stands now procedurally what the bill of death is a violation from community service and nonpayment of fee as many $2,000 a year.
I I would just argue that given those circumstances that revocation at this point would be disproportionate to the violations that have been proved >> on the aggravated robbery that was alleged these what happened on that was dismissed or y'all decided >> the whole reason why I forced to dismiss that is my complaining witness has relocated to Georgia.
>> Okay. All right.
>> I talked to him >> complaining witness available. I talked to him at the time in which he originally entered this plea in August.
He was cooperative then. The state had more than sufficient evidence. I would uh I suggested to defense council that it would not be a wise decision to move forward with his request for a motion of probation because it would have resulted in points on both of these offense and the sentencing guidelines calculations.
He followed my advice and we reset this matter and had I proved that I would have been requesting a minimum I would have been requesting 20 years on the aggravated assault. So I've taken that into consideration in the request I put before the >> with respect to Mr. Anne, your honor, the factual predicate of the aggravated robbery served as the factual basis of the indictment in federal for carjacking.
I believe another offense. That case was set for trial. We were prepared to try the case. After a pre-trial conference with Judge Cone, the federal government chose to dismiss that case based upon >> Okay.
>> For whatever reason, I would assume some sort of evaluation of the facts that were more in line with an actual proving the case. But I would just say that the same factual predicates showing on the aggravated robbery was looked at independently by the federal prosecutor and was evaluated in such a manner that precipitated or necessitating dismissal trial.
>> Okay. Uh from probation, I want to ask you on this failing to provide verification of performing community service hours as required. Can you give me a hint? What has he done if anything >> on that community service?
>> Yes, ma'am. He has identity.
>> No. No. And um he was on probation since 2019.
>> 2018, I believe.
>> Uh in one case and 2018 in the aggravated assault case. And we're talking about a period of time through what six, seven years.
Nothing.
>> Well, he has been incarcerated.
>> How much of that time has he been incarcerated?
>> Since June 28th of >> It would have been three I' done two years in state jail while that probation.
>> How much time were you free man in this period of time from June 21st 2019 October 22nd 2018 >> to today which is almost 8 years >> sir. So there were three years then that you were out and about and you didn't do one dime of community service.
>> Okay.
>> Anything else?
>> Two things that you want.
>> You have a chance to speak if you wish.
Go.
>> It was just during that time I was working and actually trying to start my business and I had a family going and things like that. It's just I didn't have a whole lot of time. Well that part I was taking the classes. I've done every class. I've even done the drug program for them. Only reason I was behind my fees now is because I didn't have work. But any other time in the past, I've gotten behind my fees from not having work. And every time I've gotten a new job, I pay it in full.
>> How much since he's been on probation, how much has he uh been credited for payment on fees, cost, etc. those his assess fees were 10,390 and he's actually paid over 6,150 on one case and on the other case he's uh paid 9,470 total.
He's he's consistently does >> that's not an issue. How much was any restitution on any of those? There wasn't any restitution on, >> but I'm aware of that.
>> Okay. All right. Um, what are you asking?
>> We're asking be continue. You're honored to be given an opportunity to submit the proession or if the court's not inclined to continue, then consider a sentence at the lower end sentencing.
>> All right. Anything else to add? No. If not, I'm going to find in each of these two cases, cause numbers 18-28788 and 29417 that uh uh in these motions to revoke probation.
First of all, in 28788, the secondderee felony of illegal possession of methamphetamine, a controlled substance for which the defendant was sentenced to 10 years in prison and that was uh probated for 10 years. That the court finds that there is sufficient evidence supporting this motion to grant it by preponderance of the evidence or greater. as allegation two has been proven true. as the defendant has uh failed to follow that requirement of prov uh of performing community service hours as required as the probation office states that the defendant has essentially failed uh to do any of that. And thus that violation supports the motion to revoke probation in this case. and your probation is hereby revoked. In 18-29417, the defendant was placed on 10 years deferred or unadjudicated probation for the secondderee felony of aggravated assault with a deadly weapon. And we also pleaded true in that case for failing to provide and perform community service hours as required in violation of condition 15 of each of these probation orders in these cases. And again in that case essentially no uh community service hour had been performed over a period of eight week almost eight years and thus I find that a violation of his probation and this motion to revoke unadjudicated probation in that case is hereby revoked by prepundonderance of the evidence or greater in 28788.
Uh the court uh finds based upon that uh probation being revoked for his failure to uh uh perform his probation requirements as the court has placed into the record. Your pro probation is appealed by sentence to confinement in the institutional division of the Texas Department of Criminal Justice to serve a term of five years. You'll be given credit for time you have served in this cause number 1829417.
Earlier you were placed on probation, deferred or unadjudicated probation. And now the court grants this motion to revoke unadjudicated probation and your probation is hereby revoked. Earlier in this case, you pleaded guilty to the secondderee felony of aggravated assault with a deadly weapon voluntarily, knowingly, intelligently. There was sufficient evidence supporting your guilty plea at that time to find you guilty beyond a reasonable doubt. I now find you guilty beyond a reasonable doubt of that offense based upon the violation of probation and you were hereby found guilty and you were sentenced to confinement in the institutional division of the Texas Department of Criminal Justice to serve a term of 5 years. These two sentences shall run concurrently on this case. An affirmative finding is rendered in the judgment that of deadly weapon Namely, a firearm was used in the commission of that offense. And again, you are given credit or what we have here is six over 600 days. Do you understand what has happened today, sir?
>> Yes, sir.
>> Yeah. Is irresponsible. And you have a family at home.
>> Absolutely.
>> You got to think of them. Not whatever caused this mess first. They should always come for first.
Not when you make a a decision, you got to think how much not only you lose, but the people who depend upon you.
>> You're always third. We're always third.
Creator is first.
>> Others are second. You come in third.
That's the way it should be.
>> That is good. And the community service is always >> community service. You're not being punished for failing to pay.
>> You did what you could. It's community service though is something that you have to shadow which fixes this mess.
It's a kind of a moral issue showing that you can help repay because you can't do you can't un can't replace the threatening behavior that that people trauma were traumatized over. But community service is a form of kind of trying to fix that by helping the community be a better place. But you didn't do a dime and over a period of 8 years.
But let's face it, these two offenses, you had no business acting that way.
That was very serious.
>> Absolutely.
>> All right. Thank you.
>> Fix it. Move on.
>> Thank you.
>> Okie dokie doie, friends. Only a couple of minutes left. So, honestly, there's not really time to dig into anything else. So, we will call it a morning here, but we will be back tonight for Sidebar. 8:00 p.m. Eastern, 5:00 p.m.
Pacific. A little while ago in the chat, Ashley pointed out that she really needs Sidebar today, and she's looking forward to it. Therefore, you are all requested and required to show up. Please um just hang tight. When uh I end this stream, YouTube will take you over to that show so you can set a reminder and look forward to seeing you all. Uh to Barbara, to tot and to Wahoo, thank you again for your generosity to me and to the channel today. I very much appreciate that. Uh and look forward to seeing you tonight and tomorrow, episode 300 of TCF Live, 9:00 a.m. Eastern, 6 a.m. Pacific. Join us a half an hour earlier if you're a channel member. Have yourselves a great day. We'll see you soon. Take care. God bless.
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