He Was Supposed To Save Lives But He Shot Multiple People —Judge Didn't Go Easy On Him At All

[00:00:00]Martinez.

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

[00:00:02]>> All right, you entered a plea on April 6th.

[00:00:05]You entered a plea of guilty.

[00:00:07]According to the plea bargaining agreement, your punishment is to be assessed at a cap of 5 years in the prison. The state is silent on your applications.

[00:00:15]Have both parties had a chance to review the PSI report, State?

[00:00:19]>> No, Your Honor.

[00:00:21]I'm reviewing it now.

[00:00:22]>> All right, defense?

[00:00:23]>> Yes, Your Honor, I have.

[00:00:25]>> Defense, do you have any objection?

[00:00:26]>> No, I have no objection to the PSI.

[00:00:28]>> All right. Defense, do you have any witnesses?

[00:00:31]>> Yes, Your Honor, I have three four short witnesses, including my client.

[00:00:35]>> All right, you can call up your witness.

[00:00:36]>> Uh the first witness I'll call is Martin Martinez.

[00:00:39]>> I am his father.

[00:00:41]>> And talk to me a little bit about Martin. What kind of kid was Martin as he was growing up?

[00:00:46]>> Very respectful kid uh growing up.

[00:00:49]Um great in school.

[00:00:54]I had no problems with him. He wasn't a problem child. Thank God.

[00:00:58]>> Where did he go to high school? He went to East Central High School.

[00:01:02]And after high school, what did he do after that?

[00:01:04]>> He went into LNA school.

[00:01:07]>> And has he been working as a nurse since that time?

[00:01:10]>> Yes, and he also worked part-time at Bill Miller's and other odd jobs while he was going to school.

[00:01:18]>> And are you aware that he has some health conditions that that may be difficult for him to be incarcerated?

[00:01:24]>> Yes.

[00:01:25]>> And can you briefly describe that for the court?

[00:01:27]>> Yes, um my son was born um It was a rectal anus and it didn't attach. So, he had to have a colostomy bag.

[00:01:38]And he went through a lot of doctor visits and operations with me.

[00:01:43]Um breakfast, but um he still has issues to this day.

[00:01:48]I mean, no problem with me.

[00:01:51]>> And then let's talk about let's talk about your son. Has Has he uh has he been, like, uh, instrumental in your family and helping other family members?

[00:02:02]>> Oh, yes.

[00:02:03]>> Can you give us an example?

[00:02:04]>> Yes, he, uh, he Uh, we all make mistakes. He is a loving father to kids, uh, a husband, and, uh, I don't know. I believe he he won't He won't >> Your son, um, tell me about this situation. Has he talked to you about it?

[00:02:27]>> Yes.

[00:02:28]>> And has he expressed remorse to you?

[00:02:30]>> Yes.

[00:02:31]>> Can you describe that for me?

[00:02:33]>> Um, he cried.

[00:02:35]We talked about it. We prayed about it.

[00:02:38]And, um, I think >> Call your next witness.

[00:02:41]>> Uh, we'll call Sarah Sedillo.

[00:02:43]>> Sarah Sedillo?

[00:02:45]>> Um, >> Do you have children together?

[00:02:47]>> We do. We >> How many children?

[00:02:49]>> Um, two children.

[00:02:50]>> And what are their ages and and sexes?

[00:02:53]>> Um, seven and he's a boy and a girl, um, four years old.

[00:02:59]>> What kind of father is Martin?

[00:03:00]>> Martin has been exceptional father, um, does everything for the kids and he's always there for them. Always, um, even if he's tired out there playing with them every day, whatever they want to do, and they love him dearly.

[00:03:18]>> And what kind of husband is he?

[00:03:20]>> Um, he's always there, um, financially, um, and physically, everything, emotionally, um, in any hard times, and he supports our family very well.

[00:03:33]>> Has he ever been in, has he, before this, has he ever had any contact with law enforcement?

[00:03:39]>> Um, no, not that I know of.

[00:03:41]>> And is there anything you want to tell the judge before she pronounces sentence on Martin?

[00:03:47]>> Um, yes.

[00:03:49]So, I'm just asking you to take into consideration the kind of person he is and that he doesn't have any of um history or his name and he's really know that he's never going to do anything like this again. He regrets it. Thank you.

[00:04:07]>> So long.

[00:04:08]>> And he's expressed that to you on multiple occasions?

[00:04:10]>> Yes. Yes.

[00:04:11]>> Martin, let's talk about Let's start before we get to what's going on. Let's talk about your health issue first. Can you describe what what that is and how that impacts you?

[00:04:20]>> Uh it's a kind of general health issue. Um and for further explanation, there was there was no form provided when I was booked in.

[00:04:29]So difficult to see having those issues documented.

[00:04:34]>> Okay.

[00:04:34]>> I guess. Sorry.

[00:04:36]>> No. No. No. No. So, I I appreciate uh his health issues, but let me just tell you what my concern is. So we can cut to the chase. My concern is this incident, according to the PSI and the stipulations, occurred because he's saying he was intoxicated.

[00:04:55]>> Yes.

[00:04:55]>> And then I'm reading the PSI report and he says he's still drinking alcohol. So that's what I want to hear about and I want to address.

[00:05:02]>> Okay. Sure.

[00:05:03]>> Okay. Sure.

[00:05:05]>> Um so uh Well, let's talk about that. So So when was the last time you had a drink?

[00:05:12]>> Uh yesterday.

[00:05:14]>> And do you feel like you have a drinking problem?

[00:05:16]>> I do.

[00:05:17]>> And are you willing to get treatment for that?

[00:05:19]>> I am willing.

[00:05:20]>> Well, why did he say in the PSI that he didn't have a drinking problem he didn't need treatment?

[00:05:25]>> I've come to the realization that I do have >> Well, when was this PSI report done?

[00:05:33]What date was this PSI report completed?

[00:05:36]>> March 31st.

[00:05:38]>> So >> That was when it was completed. I don't know when they did the interview.

[00:05:41]That his interview was done sometime prior to that.

[00:05:44]>> All right. So you just come into this realization today?

[00:05:48]>> I >> That you have a drinking problem and you just drank yesterday?

[00:05:53]>> I don't know.

[00:05:55]I know.

[00:05:56]>> So, when did you have this epiphany that you have a drinking problem?

[00:06:01]>> I >> [clears throat] >> was watching the Bill W documentary.

[00:06:05]It's kind of helped me realize >> When did you watch that documentary?

[00:06:09]>> It was on detox yesterday, 2 days ago.

[00:06:14]>> Okay.

[00:06:15]>> And is it Is it Do you think that there's going to be some I mean You You're definitely wanting to get treatment, but do you think that it's Do you think you need treatment? That sounds like it.

[00:06:26]>> I didn't really need treatment. I didn't The thing is always helping you bring me in better yourself, get away from things that cause what's happening or creating problem.

[00:06:38]>> Was Was When did your drinking increase?

[00:06:42]>> Uh I wouldn't say it's a time of day.

[00:06:46]You know, but I I think >> Have you been drinking heavily for the last year or so?

[00:06:53]>> Probably, yes.

[00:06:56]>> Um let's talk about your your work. So, during the time that you were working Uh tell us how you're presently employed.

[00:07:05]>> Uh So, currently my contract ended as a travel nurse.

[00:07:09]This perfect timing through this situation, but for the past year or the past 9 years, I've been a registered nurse.

[00:07:17]Um I was an LVN first, moved up to an RN, and then continued to grow within my field of practice.

[00:07:25]Starting out in low level floor nursing through ICU.

[00:07:29]I was a peer to rapid response team, code blue team.

[00:07:34]>> And how long did you work in the ICU?

[00:07:36]>> Uh with the ICU, 2 years, and currently those were I was staying staying at my own home hospital, and then probably another 2 years so and critical care total 4 or 5 years.

[00:07:48]>> Because of this charge, is this going to impact your nursing license?

[00:07:52]>> It will and may the board of nursing has renewed my license for another 2 years after disclosing everything. But at any moment they can take it away and if I am incarcerated it's a definite take away.

[00:08:06]>> And but there's very possible you may have to go in front of some of the nursing board even if you get probation it's very possible you may have to ask you in front of the nursing board and answer them once all this is terminated and then they would decide whether you would be able to maintain your license or not.

[00:08:22]>> That is correct. I would have to ask the board you know what the next steps are see what they give me before random drug test.

[00:08:31]Continue on and try to proceed with that.

[00:08:34]>> Let's talk about what happened the night this occurred.

[00:08:37]Um well well let me ask you this.

[00:08:40]Do you understand that your actions not just impacting you but it's impacting your family as well?

[00:08:45]>> It does impact me and my family.

[00:08:47]>> Can you describe this can you describe how you feel about the the negative way this is impacting your family and potentially may impact them even more if you lose your license, right?

[00:08:57]>> Correct.

[00:08:59]I'm letting down my family entirely financially, physically, emotionally. I and there you know I was a good person but this is holding me back from continuing to be that person just a bit.

[00:09:16]Um And Let's talk about what happened. So the night this occurred you had gotten into a dispute with the owner of the bar, is that correct?

[00:09:27]>> That's correct.

[00:09:28]>> And at some point you got in your car and you shot several rounds at the bar.

[00:09:33]>> That's correct.

[00:09:34]>> And I mean obviously you were intoxicated at the time of that occurred, so it was Can you describe why you did that or what was in your drunken mind at that point?

[00:09:43]>> Uh the altercation I had is I just remember recall being pushed down and hit in the face on my knees and asking for them not to do it anymore, got in my truck, and then that's when I made a mistake of doing that to scare them.

[00:10:03]>> And that was your purpose was to scare them?

[00:10:05]>> Yes, that was my purpose.

[00:10:06]>> And did you shoot at any person?

[00:10:08]>> No, I never intended to hurt anyone.

[00:10:12]But I didn't realize that I was hurting someone in a different way.

[00:10:17]>> When you say hurting them in a different way, describe what way were you hurting them?

[00:10:20]>> Um in my realization that, you know, I put fear into their lives and put their lives in fear that that is not okay, you know, but my mind wasn't thinking that way when I did that.

[00:10:33]>> But now that you've had time to reflect on it, how do you feel about all that?

[00:10:38]>> I feel remorse.

[00:10:39]Um I now see the empathy that, you know, I have a literally anxious about it. I wish I can tell them I apologize, you know, but I'm not able to talk to them right now, and I understand that. I understand why.

[00:10:57]Um >> If the judge gives you a chance to remain out of prison and puts you on probation, can you describe what what Even if he does send you to prison, let's talk about it. What kind of >> changes are you going to make in your life so that >> And any What kind of what changes are you planning to make in your life after all this happened?

[00:11:16]>> Um for the long term, maybe alcohol is the one to get rid of since it's causing my life to be unmanageable.

[00:11:25]Um to continue to grow, you know, I I feel like I can do more volunteer work, help out in the community, and I probably don't work um as much cuz I paid off a lot of my bills and you know, but I feel that I can continue to grow and prosper and reflect on what I've done and continue [clears throat] to make better choices.

[00:11:52]>> And what's the most important thing for you right now?

[00:11:56]>> Um for me right now, this decision is to stay out of prison, hopefully continue with my nursing career, reach out and get a job that I maintain my personal relationship with my family.

[00:12:12]And ultimately, you know, hope for forgiveness for the rest of my life.

[00:12:17]>> I'll pass witnesses this time around.

[00:12:19]>> Any questions?

[00:12:19]>> No.

[00:12:20]>> So, everybody tiptoed around everything.

[00:12:23]What exactly did you do?

[00:12:25]>> I didn't talk about it to you. I asked you a question.

[00:12:27]>> Well, no. What you did was you got into an argument with somebody and was this at a club?

[00:12:33]>> Uh it was at a bar, yes.

[00:12:34]>> Yeah, so you at a bar, not with your children, not with your significant other.

[00:12:39]You get in an argument, you leave, and you come back, and you fire shots into that building with the two complainants and other people who were inside.

[00:12:50]You want to discuss that?

[00:12:52]>> It was a It was a mistake.

[00:12:54]>> No.

[00:12:55]>> I I >> That wasn't a mistake. That was a choice.

[00:12:58]>> It was a choice and a [clears throat] mistake. I I agree.

[00:13:02]I honestly didn't understand.

[00:13:10]It's hard to say. I understood what I was doing, but I was not in my right mind.

[00:13:15]>> Because it says here in the PSI report that you had um more than one weapon in your vehicle and there were several shots that actually hit the building.

[00:13:34]There were multiple people in the building.

[00:13:37]>> That's um >> All right. Anything else from either side?

[00:13:40]>> Are you being honest?

[00:13:41]>> All right, court. We'll hear your argument.

[00:13:45]>> Yeah.

[00:13:47]I do believe that Mark Mark is a good man. He's a good man.

[00:13:51]I believe he's a man who loves his family. I believe that he's a survivor and who has been a benefit in many ways to this community. He's worked tirelessly as a nurse uh throughout the COVID epidemic. He's done everything he can during that time.

[00:14:07]Obviously, that was extremely stressful time for him, especially working the ICU at that time.

[00:14:12]Um I think that exacerbated his drinking.

[00:14:17]Um obviously, he made a horrible series of choices that night uh which has led him here.

[00:14:24]Um He's facing losing his career that he's spent years working in and and and going to school to obtain.

[00:14:34]Um it's very possible that he may have to change career fields uh in order to support his family.

[00:14:40]Um Look, what happened was extremely serious um and we're not downplaying that in any way. I mean, it's extremely a serious event, although what I believe is most appropriate for Mr. Barkinis is rehabilitation. I believe that he is a hard-working a hard-working man who will do everything that he's required to do to um to get himself back in the good graces of society and the court.

[00:15:09]>> And the court see that there's no um amount of restitution that's being requested from the complainants in the case.

[00:15:16]The court is going to find you guilty, sentence you to 2 years in prison, give you credit for any time served, take into consideration County Court Cause number 687552.

[00:15:26]And um I would recommend for you the therapeutic community showing you what's entitled trial court certification of defendant's rights to appeal. Did you review that with your attorney? Did you understand it and did you sign it?

[00:15:38]All right, because this is a plea bargain agreement, because I followed your plea bargain agreement, and because you waived your right to appeal, you do not have the court's permission to appeal. We can go off the record.

[00:15:48]According to your your plea bargain, I I did take into consideration the fact here of your occupation and what you've been doing, okay?

[00:15:56]Thank you.

[00:15:56]>> Thank you.

[00:16:00]>> [music] >> 2019 CR8625W, State of Texas versus Latoya Michelle Dowden. Can I have parties announce for the record for the state?

[00:16:09]>> Jason Gearhead, Your Honor.

[00:16:11]>> Defense?

[00:16:11]>> Junious Hicks, representing the defendant.

[00:16:15]>> Are you, Ms. Dowden?

[00:16:16]>> Yes, ma'am.

[00:16:16]>> I'm going to show you what's entitled motion to revoke community supervision.

[00:16:20]Did you review that with your attorney?

[00:16:21]Did you understand it?

[00:16:22]>> Yes, I did.

[00:16:24]>> All right. Are you the same Latoya Michelle Dowden who was placed on community supervision in 2019 CR8625W of the offense of harassment of a public servant on August 7, 2019 for a term of 3 years and extended for a term of 1 year. Is that you?

[00:16:41]>> Yes, me.

[00:16:42]>> All right. State?

[00:16:43]>> Yes, Your Honor.

[00:16:44]The violated condition number one on or about the 13th day of May 2023 in Harris County, Texas, the defendant Latoya >> I don't have a violation of condition number one.

[00:16:57]Oh, no. You know what?

[00:16:59]I only had this one, but I've seen this one.

[00:17:03]So, did you review that document, the motion to revoke community community supervision, the one that contains violations of condition number one?

[00:17:12]>> Yes.

[00:17:13]>> Did you understand it?

[00:17:14]>> Yes.

[00:17:14]>> All right. All right. State?

[00:17:16]>> Violated condition number one on or about the 13th day of May 2023 in Bear County, Texas, the defendant Latoya Michelle Downing committed the offense of fraud use possession of identifying information violation of condition number one.

[00:17:31]>> Sure.

[00:17:32]Sure? Okay.

[00:17:34]State.

[00:17:34]>> Waive the remaining violated condition, Your Honor.

[00:17:36]>> Any objections to the waiver?

[00:17:38]>> No objection, Your Honor.

[00:17:42]>> All right, Ms. Downing, did you understand by pleading true to violation of condition number one, court could find it true, grant the motion, sentence you up to 5 years in prison, and up to a $1,500 fine?

[00:17:52]>> Yes.

[00:17:52]>> Knowing that, do you still wish to plead true to violation of condition number one?

[00:17:56]>> Yes, ma'am.

[00:17:57]>> All right, court will find violation of condition number one true. Is there a proposed agreement?

[00:18:01]>> There is, Your Honor. And that is to revoke the individual after a term of supervision, and to I believe reform this sentence of the the underlying to 2 years Texas Department of Corrections, and the state will take into consideration cause number CM111995, which is the fraud that she pled true to.

[00:18:23]>> All right, that's 111 995?

[00:18:26]>> Yes, it is, Your Honor.

[00:18:29]>> All right, counsel, is that the agreement?

[00:18:32]>> Uh Your Honor, what you got in this case, the defendant has been >> Well, counsel, are you asking me to follow the agreement?

[00:18:42]>> Yes, Your Honor.

[00:18:43]>> All right, Ms. Downing, are you asking the court to follow that agreement?

[00:18:47]>> Yes, please.

[00:18:47]>> Are you waiving your right to appeal?

[00:18:49]>> Yes, I am.

[00:18:50]>> All right, so Ms. Downing, the court tried to work with you cuz I understand there were some mental health issues, >> Yes.

[00:18:56]>> but in order for us to help you, you have to meet us at least halfway. You understand?

[00:19:02]>> Yes.

[00:19:02]>> And you did not. So, I'm going to grant the motion, and I'll sentence you to 2 years in the prison, give you credit for any time served. Was there any inpatient treatment ever done?

[00:19:16]I know that she did not report to uh the facility that we were trying to arrange for her.

[00:19:25]>> Um your honor, um we did double-check. I do want to make note that she does have a little over 900 days.

[00:19:32]>> Okay.

[00:19:33]>> That's >> Well, if my math is good, that should be a judgment satisfied.

[00:19:39]But if my math is not up to the standards, then maybe not. [clears throat] So, I'll show it as a judgment satisfied. They're still probably going to take you to the facility. You understand?

[00:19:50]>> Where?

[00:19:51]>> To the prison.

[00:19:52]>> Okay.

[00:19:52]>> But But they will do a process there, where they process you in, and then you should be released.

[00:20:00]Sometimes, though, people are released from the Bear County Jail. It just really depends.

[00:20:04]>> Okay.

[00:20:05]>> All right. I'm going to show you what's entitled trial court certification of defendant's rights to appeal. Did you review that with your attorney? Did you understand it?

[00:20:12]>> Yes, ma'am.

[00:20:13]>> And did you sign it?

[00:20:14]>> Yes.

[00:20:14]>> Because this is a plea bargain agreement, because I followed your plea bargain agreement, and because you waived your right to appeal, you do not have the court's permission to appeal.

[00:20:22]Do you understand?

[00:20:23]>> Yes, ma'am.

[00:20:23]>> Because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question over what a weapon or ammunition is, you'll need to speak to an attorney. Do you understand?

[00:20:33]>> Yes, ma'am.

[00:20:33]>> All right. We can go off the record. Ms. Downing, I understand mental health issues.

[00:20:39]>> Yes.

[00:20:40]>> But you're going to have to do better, because when you're released from prison, if you don't do better, what's going to end up happening is you're going to pick up more cases. And if you pick up more cases, ultimately, you could be designated as a habitual. That means your minimum sentence will be 25 years. You understand?

[00:20:57]>> Yes, ma'am.

[00:20:58]>> So, when you are released, you need to go to Center for Health Care Services.

[00:21:02]>> Okay.

[00:21:03]>> All right. Okay?

[00:21:04]>> Yes, ma'am.

[00:21:05]>> And if there is something you do not understand when you're released from prison, you can always come back here >> Okay.

[00:21:11]>> to the 187 and I will remind you go to the Center for Health Care Services, okay?

[00:21:16]>> Yes, ma'am.

[00:21:17]>> All right, good.