Judges have the authority to reject plea agreements, particularly when the pre-sentence investigation reveals aggravating circumstances such as victimization of vulnerable family members, which may warrant a jury trial instead of deferred probation.
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Judge West REJECTS Plea Deal After SHOCKING Family Details Revealed!Added:
But I already signed for probation. I don't have to accept your probation.
>> She I was I wasn't told that.
Yeah, you actually were because we reset your case for sentencing. And here's the thing, it doesn't matter.
All right, are you Robert Lowe? Yes, ma'am. And so, Mr. Lowe was previously in court, entered pleas of guilty to uh three cases of possession of child pornography. There was an agreement in those three cases for a 7-year deferred probation and a $1,000 fine with dismissals, I think, in three or four other cases.
Um [clears throat] I've received the re- the pre-sentence report. Has everyone had an opportunity to review that report?
>> Yes, ma'am.
I I don't I feel like this is different from some of these types of cases um because Mr. Lowe was actually involved in creating with his own family member victim who was very young, 5 years old.
So, this wasn't some I I downloaded something, I didn't realize what I was downloading. This is This is very different. This is a family member that was victimized because of this.
Uh don't talk right now, okay?
Um and so, for those reasons, I I do not feel comfortable accepting deferred probations in these cases. So, I'm going to reject those um plea offers.
Uh I don't know uh honestly, I haven't thought more about what I would be [snorts] amenable to other than potentially uh just letting a jury decide. I'll reset it one time. You guys negotiate, see where you are on it, and if you come up with something, you can contact me.
Otherwise, we'll uh get rejections and get his cases set for trial and let a jury decide one way or the other, okay? I'm just not comfortable with this at all. You can go back with the bailiff. What about a reciprocal probation?
I don't have to accept your probation. I was I wasn't told that.
Yeah, you actually were because we reset your case for sentencing. And here's the thing, it doesn't matter if you were or not.
I'm not accepting the plea agreement, okay? I don't There's nothing you can do at this point other than Ms. Holmes will be out there to visit with you about any other options. And if you don't like those options or if I don't like those options, then ultimately that's what a jury is for if everyone can't agree and then we get a jury to come in and determine if you're guilty and what the punishment is if you are found guilty, okay? So, let's see where we're I'm not going to consider any bonds at this time.
>> Yes, your honor. I just his his mother is here and so she but just for the record cuz I did I have spoken with her on several occasions as well as with Mr. Lowe. They did keep asking me if he would get out today and my response to both of them was that it's up to the judge Okay.
>> told you that yesterday Yes, ma'am. when I visited with you >> Yes, ma'am. and I told that to your mother Yes, ma'am. that ultimately it's up to the court on whether you would be released today and placed on probation.
Yes, ma'am.
Thank you, Ms. Holmes. You can go back with the bailiff.
It's probably not wise right now, okay?
Go back with the bailiff.
I'm going to delete the other dismissals that came through at this time.
>> [clears throat] >> All right, Ms. Holmes on John Dray Willis.
There's no paperwork on this, right?
Okay.
Let's get Mr. Willis.
Good morning, you're John Dray Willis.
And this is 25 DCCR 1048. Mr. Willis is charged with burglary of a habitation.
What is the announcement?
Okay.
He was here on October 21st. The complainant in this case signed a non-prosecution affidavit, she came to court that day and during the pendency of the court process, she got my attention, went to the back and she said, "I changed my mind. I don't want to do it. I want I want him to be held some kind of responsible."
Based on that fact, I took that non-prosecution affidavit you know, kind of out of the equation and the court imposed the bond conditions by agreement Yeah.
>> that the bond would be reduced to 7,500, he would have no contact with her, a GPS, and he had to go and live with his mom in Iberia Parish. We have that address.
He has obviously not made that bond in the interim 6 weeks or so.
She has not reached back out to me, but in light of that fact, I don't feel comfortable making the offer that has been requested for a misdemeanor, I would be willing to offer a felony probation with the same conditions pending a PSI. I just think a PSI would be important. I've tried to call her this morning with no answer. I can either make that offer pending a PSI or I could ask you for 1 week and see if I can get a hold of her. I just don't want her to feel blindsided by it because she's gone back and forth. I'm not saying that she hasn't gone back and forth, but I think uh there needs to be some things in place. There was also a gun involved. We were able to determine that she actually found it and it was not as big of an issue as we had initially thought, which is why my willingness to make the felony probation offer. Notice how the judge zooms out from a single arrest to a pattern of behavior. That's huge legally. Courts treat repeat DWIs differently because repeated offenses suggest the earlier punishments didn't change anything. For prior DWIs plus a new arrest while already on bond, that's exactly the kind of history prosecutors use to argue someone is becoming a danger to the community. Question for you guys, at what point should bond stop being about freedom and start being about prevention? I just think it's that's in my best interest to So, why don't we do this? I mean, I don't want I I did reduce that bond. I've found that.
Let's reset it to next Tuesday.
See if you can get in touch with her. If that changes anything with regard to any agreements, and if it doesn't, then I would potentially consider reconsider that bond number to something that he was able to make with those same conditions. I think that would be proper for everyone's safety. Just but we could make the same conditions with a lower bond. So, let's reset it to next Tuesday and
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