In criminal justice proceedings, judges emphasize that individuals must take personal responsibility for their actions and rehabilitation, rather than blaming external circumstances like upbringing or past trauma. The judge in this case explained that while she empathized with the defendant's difficult background, he must stop repeating harmful behaviors and accept that his choices determine his future. The court extended probation and ordered the defendant to complete a SAFE P (Specialized Alternative Facility for Probation) program, warning that any further violations would result in immediate incarceration without further opportunities.
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Judge Raquel West Confronts Violent Defendant Over Jail Fights and Court MisconductAdded:
Just the court is aware originally this MTRP was filed when he no showed a judicial review on November 4th and then shortly after that around November 25th is the offense date uh for the Smith County cases >> and so that's what the first amendment uh motion was for and then the second that was adding a misdemeanor related to this.
>> So in safe P is there is uh I'm looking at this I guess what is the allegations for why safety would be appropriate? Is there a drug issue?
>> Yes. In September and October, um there is on count six um an allegation that he was intoxicated.
>> Mhm. And and judge, I'll tell you the Smith County case cases arose out of altercation with a girlfriend and a and a friend where apparently they disposed of pills is they because of how he was acting and and he threatened her and pulled a knife on her uh and and then assaulted the other friend and that's what I believe he's pled guilty to and been sentenced to probation uh in the city of Tyler in Smith County. So obviously there's a drug issue. Um his history is for as a juvenile for what we're here now and for what he did in Smith County. all of assaults and some serious uh problems with violence of pure iron arms.
>> And and I do think safe P would be appropriate as well, your honor, because um in regards to the November 4th day, which he failed to appear for his um administrative hearing, he was in the hospital due to some self harm.
Um and so that was the reason why he did not appear on that day cuz he was in the hospital.
So, whatever the court wants to do, we're fine with we just want to let you know what we thought um has made as a possible.
>> How do you have a black eye?
>> Got into a fight in in jail.
>> Yes, ma'am.
>> Anna, you have this >> I reviewed that report. Uh I guess you can going to read it anyway, but uh looks like somebody stole something from him in the in the dorm and we can look at and there's an incident or two in the last few weeks also uh more than one of disrespect to the guard.
So, >> Dan, why don't you tell me why you think I should not put you in prison today?
I don't know. I've never really followed through with any treatment programs before and kind of had to or go to prison now. So, I really don't want to go to prison. So, maybe if this can obtain some of the information, I might be able to talk about tomorrow.
>> And so, here's the thing. I think you've been coming here for a while and I've read about and we've talked about and I understand somewhat and empathize with what you've been through and where you come from and the issues that you've had to deal with.
But at some point, you have to take personal responsibility for the rest of your life and the circumstances of your life before you have to be able to say, you know what, that was awful. It wasn't great.
It wasn't fair.
But I'm going to do something different and I'm going to quit doing the same thing over and over again and kind of blaming that didn't have great upbringing like some other people maybe. Does that make sense?
And it's going to be no one's fault at this point but your own. Um, you will be given, you already were given here, all kinds of opportunities.
And I'm very hesitant to go along with this because what you're doing is not just using drugs and not showing up.
It's the violence that I have concerns with. and that at some point I don't want it to be on me that I let you out that you really really hurt somebody or killed somebody or got yourself killed cuz that's where this is headed and um I understand that was it Tyler County has given Smith County. So what about the >> county judgement? Correct. It should take city tolerance that county.
>> So what? Let's do this. I'm going to practice now.
So what they did in Tyler by giving you that opportunity um kind of puts me in a position where if you're on probation there and I give you some amount of time, you're still going to get out and be on pro it. I understand why Mr. Nicholls, Miss Holmes have come up with this agreement. Um, but I want you to understand that if I send you to Safe Pee, uh, two things, and you're not the first person I've said this to today. You're going to have some amount of time while you're waiting in our jail to go to safe P. And then once you get to Safe P, you're still incarcerated.
And any incident reports that happen, any incident in our jail or SAFP is going to be a violation of your probation before you ever get back out.
And I won't care what they're doing in Tyler. I don't care if they keep you on probation. You'll be done here. And it's not going to be for a little 3ear sentence. Do you understand that?
>> So this is the opportunity. Those people at the jail that are working there and just trying to go do their job every day do not deserve for you to speak to them the way you do, to treat them the way, to not follow the rules. I know. I mean, I'm not going to say on the record, but I mean, I guess my concern if you really don't want to be in jail, um, the way you're talking on to some of these people like, I don't give a if you write me up and you can't tell me what to do kind of stuff doesn't make me feel like you're really going to be able to to do this if you really want do. It's up to you. It's just a mindset change.
You're going to be given opportunities, but um I want to know and I will be checking. My staff can check every day until you get to safety.
Anything else happens, they're going to file a motion to revoke. We're going to be right back in here within a couple of weeks if necessary. Do you understand?
>> This is your final chance.
That's it. Don't come back in and and no excuses after this point. If somebody else gives you another chance in another county, that's on them. You're not getting another one with me. I want to go through the motion though because I want record of what he's either pleads true or not true to so that I know kind of when I look back what we talked about and what we did and what was pled to before I agreed to do anything. So, Mr. Wizard, the best you can raise your right hand. Do you swear or affirm the testimony you're going to give in this hearing will be the truth, the whole truth, and nothing but the truth? All right, put your hand down. Will he read the formal read uh will he wave the formal reading of that motion? And so before we go, Mr. Nichols, did you want to make a um amendment?
>> Uh two things. I will drop count one for failing to appear based on the conversation I had with Miss Holmes.
>> Okay.
And then on count nine and count 10 county which currently reads as county to county Smith on both of those counts.
>> Any objection?
>> I believe is correct on the other. I think that's all I need to change your >> All right. Thank you.
>> So Mr. Wit, I'm going to go through this motion. Um, it shows in cause number 24198, you were placed on probation July 1st of 2024 for the offense of injury to a child, elderly, or disabled individual.
And that was a three-year deferred probation. Is that correct? Yes, ma'am.
>> And um I guess also um I'm going to go through this, but I am inclined based on this to u extend that probation for some amount of time based on the allegations as well. So, we'll get to that in a minute. Count two alleges that you did not work faithfully at suitable employment. Provide verification of that to probation. Is that true or not true?
>> It's true.
>> Okay. Count three alleges that you did not provide verification of performing community service hours is required. Is that true or not true?
>> Provision of transfer from account together.
>> Okay. Put not true there. Count four alleges that you were at a res um at a location other than your residence at 4:04 a.m. on September 24th, 2024. Is that true or not true?
>> True.
>> Okay. Count five alleges that you did not enroll in services at the Spinnel Top Center as ordered. Is that true or not true?
>> Not true.
Count six alleges that you failed to never become intoxicated or under the influence of any intoxicated substance and that you were on September 27th and October 19th of 2024. Is that true or not true?
Count seven alleges that you failed to provide verification of entering and successfully completing the moral recognation therapy program. Is that true or not true?
>> I'm not too worried about number eight.
Um man of that county.
>> Count nine alleges that you were arrested for the offense of aggravated assault with a deadly weapon November 24th of 2024 in Smith County, Texas. Is that true or not true?
>> True.
>> Count 10 alleges that you were arrested for the offense of assault causing bodily injury November 24th of 2024. Is that true or not true?
>> Count 11 alleges that you were at a location other than your residence at approximately 10 10:49 19 p.m. on November 24th of 2024.
Is that true or not true?
Count 12 alleges that you were arrested for the offense of assault on a family member and by impeding breath or circulation November 24th of 2024 in Smith County. Is that true or not true?
>> True.
>> All right. So did you enter your please of true to counts 2 4 6 7 9 10 and 12 freely and voluntarily and did you plead true to those counts because they're actually true.
All right then at this time I'm going to find that you entered your p of true to those counts freely and voluntarily find sufficient evidence to find you guilty and revoke your probation. But I'm not going to do that. I am going to continue you on probation. I'm going to extend your probation for 2 years. I'm going to order that you enter and successfully complete the SAFE PE program and any afterare and things like that. The thing about this is you're going to get all kinds of tools at SAFE P to help you make better decisions to get a grip on whatever you need to. Um, if there is a need uh because of I know there was some mental health issues and treatment, it might be that special needs safety is the better. I'll let probation look at the history and see what's best for you so that you make sure you have the tools when you get out. You'll have help to assimilate back into society and halfway houses and things like that. Again, this is your opportunity because if you do not follow through with this, if you violate while you're in custody, if you violate again while you're out of custody, we will not be back here having the same discussion and it will not be a discussion about 3 years or anything like that. You can be back in here with probation revoked, found guilty, and I can send you anywhere in the range of punishment. I don't have to let them negotiate. It can be up to 10 years. Do you understand? Yes, ma'am.
>> Okay. Take advantage of this opportunity. All right. Okay, you can go back for the bay lift.
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