In legal proceedings, parties must provide proper documentation and evidence to support their claims; verbal agreements without written contracts or supporting documentation are difficult to prove in court, as demonstrated by a contractor who failed to secure written agreements for work performed and consequently lost a small claims case despite having performed the work.
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It is May 22nd of 2026 and this is the court gallery.
In court today, a landlord tries to sue for damages over the phone with no pictures, no estimates, and a witness who's just a friend and just went to the store.
She's asking the judge for a complete doover when things go completely south.
Later, attendant breaks down in tears, overwhelmed by a system that seems to have lost her paperwork, and a series of defendants with wrap sheets longer than a grocery list as for bond reductions.
Finally, a contractor learns a hard lesson about verbal agreements and unwanted advances.
All that and more today from the gallery, ladies and gentlemen, and it all starts right now.
All right. Uh, Mr. Sword, would you come up and have a seat?
>> Oh, you're good. Right there. Right there. Right there.
>> All right. This is not ideal. Uh, you're here live.
Darlene Fox is here only by telephone and her attorney, the alleged Gary Apps is also present by Zoom.
This is a hearing for money damages uh in a landlord tenant case.
Uh we had a case uh last I'm not sure when the date of the order was but I had it. At any rate I President previously did a possession judgement.
Mr. Apps has filed a motion for money damages and he filed a complaint and he sets it out. They're asking for $5,520 in money damages, and they've included um attachment A, which breaks those damages down. Mr. Sword, would you please raise your right hand? Miss Fox, would you raise your right hand?
>> Yes. Do you both swear or affirm any testimony you're about to give in this matter will be true to the best of your knowledge and belief?
>> Yes.
>> All right, Laura, we are in a testimonial hearing.
All right, Mr. Sword. Uh, the complaint sets this out and the attachment that Mr. scraps has included sets out uh how they came to that figure I guess.
Um everything on that paper I've asked her five years to change out and she said no and she's trying to get me to pay for it.
I trusted her. Never got no receipts from her. I was a month ahead on rent and she said I wasn't.
>> She's been lying.
>> Your honor, I have all the receipts.
>> Miss Fox, I didn't ask you anything yet.
>> Oh, I'm sorry.
>> Um Um Mr. apps. You've used a form they apparently used in Kalamazoo notice of damages and I'm struggling to see how all this comes up to $5,520.
Um, the attachment, maybe I'm missing a page, attachment A. Does it have more than one page?
I don't believe so. Miss Fox did the attachment A and I believe it's okay. If you look on that, okay, first of all, that's the form from the Grand Rapids Landlord Association notes of damages.
the middle part about past rent is $4,000.
They've got the water bill for 140 just below that. And then she didn't put a number there, but I'm thinking the number between the 61 is it 6120 and the uh the 4,000 the 4140 is the total from exhibit A. She didn't or she didn't actually put a claim for damage number there, but uh I I total it up. be an difficult. All right, let's first see if we can figure out the rent component.
Um, uh, when we did the order at the hearing, uh, damages would be determined at a later time and that is this.
If it helps, any on the November original point, we indicated the rents due through November were $2,400.
>> Excuse me, just a moment.
Sibuang, Michigan. I know nobody in Seeing, Michigan. And that's a I'm looking at the original. The rental agreement was 650 per month.
Uh starting in 2019.
Uh then on 2124 they increased to $700.
Rent due for this is not great. Um, all right. In her form, she indicates rent was due September 1st, October 1st, November 1st, December 1st, January 1st. So that's 1, 2, 3, 4, 5.
Five months at seven. I was out January.
>> All right. When did you leave in January?
>> January 10th.
>> All right.
>> 700 is 3500.
There's 31 days in January.
700 divided by 31 is $22 time 10 $225.
So >> I'm looking for I believe the rents were changed to $800 a month, but I don't have the notice in front of me. Maybe Miss Fox uh knows what date that was.
>> Well, this is your motion. I had to turn it over to you and we'll be here till about midnight. So, um >> Well, in my original complaint, I indicate the rents were $800, sir.
>> I have all the receipts for $800.
>> I don't have any. Um >> you didn't take I gave them to him.
All right, Mr. Apps, you may inquire of your witness as to how she came up with this figure.
>> Okay. Uh, Miss Fox, um, you're I don't know how much background we need. You're the owner of the property at uh uh 8 16812 Morehead, correct? Or more >> Park is a testimonial hearing. I'm sorry. Go ahead.
>> I'm sorry. I'm I'm looking at a um um Okay. At one at at one time at at any time did you ever raise the rents for Mr. Sword to $800?
>> Yes.
>> Uh do you know when you did that? I've got a copy of a letter, but I shouldn't be asking you leading questions. Do you know when you raised the rents to $800?
>> I have to look at my receipt book. I didn't know that I needed that. I know it was $800 um over a year ago and he did Let me look at my receipt book.
I didn't know I was going to need all this. I thought I had it all figured out. I had the rent figured out from 91 to 110 was $4,000.
I can see when I change the >> Would it help you at all, Miss Sword? I mean, Miss Fox, I told you I have a letter dated from you uh 2011 of 24 with an apparently an addendum on the bottom >> as you look through your records.
>> What's which one?
>> Your letter is dated 2011 of 24. Then in the bottom there's a a a notice of potential rent increase.
That's a document you gave me.
>> Yes, >> that was back in 24.
>> I see it. It says 2124. Rusty sword notice for rent increase from 650 to 700 starting 3124.
Then it just says rent increase to 800 per month. 1125.
That uh >> that's correct. And he's got I've got receipts for all of that.
>> Well, that ain't much of a form. You scratch something out on a piece of paper and hand it to him. He doesn't sign it to acknowledge it. Then you have a little sticky note on here. Rent due for September October 1600.
Water bill will be sent to your email on Friday. If you want to wait for it, it's up to you.
Uh I don't know what date that.
September October of what year? Um, >> that was the year.
>> That was the water bill for last year.
I've already paid this year's >> because he's not there.
>> All right. So, I can't The the lease says 650.
That thing says 700. Something without a date seems to indicate it was raised to 800 rather than execute a new lease with a new rental amount.
>> I know, but I have all the receipts that he had paid $800 all the way.
>> You're there by you're there by telephone. I can't see you. I can't see.
>> My paper said my paper said my paper said phone. No video.
>> No, it didn't. Uh, but I can't see exhibit.
>> That's what I had it.
>> What?
>> That's what I had.
>> I would have been there had I known >> this needs to be solved because I'm really hurting.
>> So, I had to rent at $4,000 the water bill at 140 minus the 650 rental deposit came up to 520.
All right, let's let's stop there.
>> Uh, Mr. Sword, she claims that you didn't pay September, October, November, December's rent. Um, what's your response to that?
>> I agree to that.
>> How much was the rent?
>> 800 at the end.
>> Okay. So, we're we're not fighting.
>> I was a month ahead that she she's not mentioning.
>> All right. Al. So four times 800.
>> He was not a month ahead.
>> Stop. Stop. Stop. Stop. We're not sitting around the kitchen table. We're in a court proceeding. And you don't just blurt things out. And it's not your field of expertise. But if you were here in the courtroom, you wouldn't do it the way you're doing it >> by >> I'm sorry. Apologize.
>> All right. So 3,200 from September to December. $800 time 4 is 3,200 and we had 225.
So I'll calculate the rent at $4,545.
Uh there's a water bill of 1438.
>> Correct.
>> All right. I think you did your math wrong. It was $3,200 plus 225, wasn't it, sir? Be 34. I think you said 44.
>> I wrote 43. It's 44. Yeah. 42 3200 >> plus >> I just have a I have a question >> is 3,4 + 14038 equals 3,623.
Mr. sword. Do you agree that you had a $650 security deposit that you didn't get back?
>> Yes, sir.
>> All right. So, we'll subtract $ 650 from that.
That equals $2973.
All right. There is addendum A on here.
Do you have this?
>> No.
>> Or could you make a copy of this for me for him?
The addendum was sent along with the notice of damages to his last known address.
>> I think he got it. I just don't think he brought it with him. So, I'm going to give it to him so he can follow along with us.
>> Yeah. Not Not trying to be rude. Just trying to tie up the loose ends.
>> I I understand.
I just have a question when it's convenient.
>> What's your question?
>> Um, he didn't move out till the 8th of January. Is doesn't that include the whole month because he was there for more than I thought if he were there over the first you would be paid for the whole month.
It could be, but if you didn't have such a crappy lease with uh handwritten changes in the amount of rent, I might have considered it. But I just gave you the notice either.
>> All right. Now, I have this next document. It's called attachment A. I have trouble figuring it out and it isn't totaled up.
Um, he claims that this stuff was all defective when he got there. Um, >> asked you for >> all right, we got Miss Fox West window is broken.
2725*75.
I'm not sure what that means. $125.
What is that about?
>> That's the size of the window.
>> Oh, has it been replaced?
>> We're working on it. I'm trying to get some money around to replace them.
>> Where'd you get the $125 figure?
But there's you should have a copy of person that that uh the person that went through that was my instruction to get somebody to go through check out the damages and get a replacement cost.
>> Why wait six months?
>> Well, she has a right to do that. But again, don't just blurt stuff out.
Uh, >> it was Do you have the copy of the one that was prepared by Charles Blowers should be at the top of the paper walk through by Charles Flowers?
No, I don't have that.
>> Well, it was on uh 11426 and I was instructed to have a walk through and I did and this was his walk through. He assessed the damages. He wrote down what was broken.
>> Well, who was damaged?
>> He He was a former broker. He's a friend.
He went to the store and got estimates on all these things and that's where the prices came up.
>> Well, that's all hearsay. Stove has one large element. Inoperable. Needs cleaning.
Um, how old was that stove?
>> As old as >> probably about six or seven years.
>> No, it's old.
>> All right. Uh carpet needs to be replaced.
>> Just a minute. Just a minute.
>> Take the carpet off.
>> All right. Uh southwest window broken.
$125.
Southwest window broken. Screen missing.
$125.
East window broken. $125.
Closet door inoperable. $40. Damaged door. $91. Carpet needs cleaning. How long had you been in there?
>> Cross that off. I had I had the carpet cleaned. I just cross the carpet off.
>> All right. Closet door is damaged. Door damaged. All right. So, um, Mr. Sword, what can you tell me about all these broken windows?
>> I didn't see no broken windows.
>> I have pictures.
Yeah, that's great. You can't show me your pictures by telephone. And this is a trial.
>> I wasn't informed I could be there.
>> Um, so you're saying there were no broken windows?
They all were.
I'm trying to look at the notice of the hearing and it won't let me see it.
I have it.
>> Every one of them is blank.
I have it in my hand. I don't know what you need.
All right.
So, you say these windows are broken. He says they weren't.
Uh, you don't have any pictures to show me and you don't have this walk through, Elaine?
>> Yes.
Take a look at this.
>> Can you call Charles? Could you call Charles? He's the one that did the walk through.
>> That's not how this works.
>> I have been misinformed.
>> You called and talked to Michelle telling us you were going to be here live and in person. We don't just call somebody up. This is a trial. Um, I just wanted to see what I notice.
>> My paper says entering meeting I zoom zoom number and I called and said that it says phone call no video.
>> Yeah, if you call by phone, we won't have a video. You told us you were going to be here in person.
>> No, I did not say that. I just >> Well, you're not here.
>> I wanted to be there.
>> I lost Mr. apps.
Uh, at any rate, you're the plaintiff.
You have the burden of proof and uh, so >> so I can't help it if you're not here and you can't show me your picture because >> and you don't have an estimate.
>> I do have an estimate.
>> Well, you didn't file it with the court.
>> I didn't know I was supposed to, sir.
>> Okay.
Can we redo this? This isn't fair. I'm 83 and this man has taken advantage of me. You ought to see the filthy nasty text that he sent me.
>> Well, >> pictures.
>> Um, all right. Uh, >> I'd like to redo this and do it properly.
>> Yes, me too. But you don't get to do that. You waited six months to file a motion for supplemental hearing. You filed this stuff. You didn't file these things.
>> Attorney was handling this. My attorney was handling this.
>> You can take it up with him.
>> My Zoom drop. Your honor. Am I back on on the uh meeting?
>> Yeah, you're back. Yes.
>> I'm sorry.
>> Well, we don't have her. We don't have any photographs. We don't have her estimates. It's his word versus hers.
Um he'd been in this place for several years. I don't doubt that he left it in worse shape than when he moved into it, but I was explaining while you were gone that she has the burden of proof. She wanted me to call her witness on the phone and talk to him, and I said, "Well, that isn't how this works." Uh, this is a date set for the trial. Um, >> I didn't know. I didn't know that.
>> All right. Um, closet door damage, door damage, bathroom, medicine cabinet 140.
What do you remember about that, Mr. sword.
>> I don't know what what that is.
>> All window blinds destroyed. Eight windows.
>> I left all new window blinds. Every window I had a blind for it.
>> That was new.
>> Yes. Brand new in the box in the closet.
>> Oh, they were in the They weren't installed.
>> No, they I bought them cuz they're all specialized windows.
>> All right. But did you install them or the boxes are just there?
>> They're They're inside the boxes.
>> All right. So, you bought them to replace them, but you didn't install them.
>> Yes.
>> And you left those there?
>> Yes.
>> Three outdoor lamps, $225. Three new lights at $75 each. What are those, Miss Fox? The outside lights to the property.
>> Yeah. It's all the two front lights were broken off and the back one was ripped off. Doesn't didn't work. The security light is is like I is not is gone.
I >> What do you know about that?
>> Security light went out a long time ago and I I put a new I put a different bulb in there. It wasn't a a security light ball, but I put one in there. That was >> What about the other lamps that were talking about there?
>> All right. Clean out the yard. $200.
What could tell me about that?
>> It's in the rental agreement. He was supposed to do pick up the leaves and take care of all that and he did not do any of it.
>> I was taken care of >> here to the garage door and the garage door remote. So when he left you didn't have the remote to the garage door.
>> No. And it was he worked for Paulie overhead door.
He cut all the wires so the door would not open and close. and I had to buy a new remote for $52.
>> All right, Mr. Sword, what's your response to that?
>> I didn't leave a remote.
>> All right, >> what about all these damaged interior doors?
>> I don't know what she's talking about.
>> I took pictures and emailed them this morning. I don't She said she got them.
The lady had I took pictures of everything when I left. Have everything.
>> Well, you're no better than she is. If you got a bunch of pictures that I can't see, they aren't worth anything.
>> Your secretary got them though.
>> Well, you have to serve them on them.
Uh, let's see here.
I left that place clean, vacuumed everything. Yeah.
That's a fake cry. All right. Here. She can't see these.
Um.
>> All right. If you look on the screen, Mr. Abs, can you see that?
>> I can, sir.
>> What's worth apparently Spectrum has dropped their service for the moment, so I'm using my cell phone. I apologize.
>> Okay. Um, Mr. sword. Is that a picture that you took of the premises when you left?
>> Yeah.
>> All right. I don't see any broken doors.
The carpeting appears to be clean.
Uh were there other pictures?
>> Yes. Yeah, there about six of them. Took pictures of every room.
>> That's the only picture that I see.
But the place in that very Limited picture. You said you had six pictures.
Five or six of them. I believe I got >> Well, same thing.
>> H two.
Elaine, did more come than just that one single picture.
>> Yeah, I got one.
>> Well, I won't be able to show them to Mr. Apps or to her.
>> I get pictures every burning hell.
Miss Fox.
>> Yes.
>> Vernon Hell is not a very helpful commentary on this.
>> I'm sorry. You wouldn't believe what I've been through. He put signs out by the road saying I was a [ __ ] and I was going to hell and I'd never see my husband again. And >> all right.
>> Great signs out there.
>> All right.
Let me see what's on your phone.
>> All right. They're not very helpful, but it did show the place was not in terrible disarray. It doesn't show any windows.
So, regarding these windows, she says they're broken. He says they're not.
There are actually one.
>> There are two pane windows.
>> Two, three, four. One, two, three, four windows at 125 is $500.
Uh, the closet blinds he says he repaired. I did not see any door damage in any of the pictures that I saw.
Uh, I will allow $225 for the lamps, $200 for the yard cleanup, and the garage door. He cut the wires and the remote is gone.
125 + 52 is 177.
I don't know what to do.
>> I have a question about tell you about the blinds.
>> Yes.
>> All the blinds he left are too small.
They don't even fit the windows. They are no good at all. They're all too small. They don't they they fall right inside the window. They're too small.
All right. I'm going to allow $250 for the broken windows. I'm going to cut it in half. $225 for the lamps.
Isn't that her responsibility?
>> There. She said they're gone. $177 for the garage door. $200 for the yard cleanup.
>> That yard was clean.
All right, let's add that up.
177 + 200 + 5 + 2 0 is 852.
So we have rent and utilities minus deposit is 2,973.
I'm going to allow other damage in the amount of 852.
We have court costs.
>> They were um 271. I'm sorry. I had it here a moment ago. 27160, sir.
>> If there's a trial, I guess it's $75 more dollars for a trial. That was Yes, it is.
>> So, so 75 more to 271.
271.60 6 0 + 75 is 34616.
cost damages in the amount of 2,972 plus 852 >> is 24.
>> Yes. 3,824 plus cost of 34660 is 4,1706 I find for the plaintiff 4,000 170 06 >> and 60 cents.
>> Six. Oh, 60 cents. 60,804.
Mr. sword. I find that you owe Miss Fox $4,17060.
Possession judgment was previously entered.
Uh you have theoretically 21 days to pay that before she can pursue collection remedies.
Can you do some sort of a payment plan?
>> I don't have a job at the moment. I'm looking.
>> All right. I'm just going to do this as a judgment.
4,17060.
Some of it's rent, some of it's damages.
I had to kind of estimate on the damages because the evidence wasn't clear. Your pictures were hard to discern. The one that I shared with Mr. Apps showed basically the place wasn't in too terrible of a shape, but I don't have any pictures. She may have some pictures, but I never saw them.
She may have some quotes and estimates, but I never saw those either. Uh, so I did the best I could with the information I had. You owe 4,1706.
Miss Fox, getting the judgment is easier part. Getting the money is the hard part.
>> I understand >> Mr. Apps can pursue that. Perhaps you can do a discovery hearing or uh if he ever gets a job garnishes wages.
Um but you're all good to go. Mr. Sword, if you go out to the counter, we'll give you a copy of that order. Thank you, >> Jud.
>> Yes.
>> He had a job. He worked for Folly Doors.
He just got back to work and he got fired after three days just this last week for drinking.
>> Well, or if he got fired if he doesn't have a job. If he does have a job, you can garnish his wages.
>> All right, Mr. Abs, thank you for that.
>> Uh, >> apologize for Spectrum acting up, but I did have my my cell phone as a backup, so sorry, sir.
>> All right. Thank you.
Abra Hill on Clark versus Myra South.
>> Good afternoon. Your honor, Andrew Kates, P78292 for Haver Hill.
>> Pardon?
>> Myra South.
>> Okay.
>> All right.
And where are we in this case?
Well, from the plaintiff's perspective, the uh there is um red do with court costs of $8,141 >> 8,000.
Yep. Go ahead. I'm sorry. Give me that number again, sir. $8,141.77.
Um, that number jumped up as a jumping due to some property damage that's attributed to this account.
Well, okay. So, how much How much of this is rent as opposed to it should be about 5,800 Oh, he does that math. Did you need something?
That's not >> No. Yeah. Um, we will time it.
>> We will um when the clerks get the files, you'll be able to pick one up at the front count. Okay.
>> Okay.
Yep.
The actual amount of rent, excuse me, is $6,577.78.
All right. And then the rest of that are damages.
>> The damages that were paid for.
>> All right.
>> And ma'am, do you agree with those numbers or?
>> So, I can first just want to say this.
This case was dismissed in February. Um, however, we have a new lease manager.
So, she's having me redo everything even though that it was dismissed and we >> Hold on. Hold on. It's loading for me.
Okay.
>> So, a case was brought in February >> and dismissed. Yes.
>> Okay.
>> And the agreement was that I pay on time, my monthly rent on time, and pay an additional um fee of 350 on the 25th of each month. um since then and I was I was um withholding my bargain. Um I was paying on time as I agreed to and we got a new um leasing off manager and um I guess when my son he has mental issues and he's very impulsive. However, um he was horse playing and broke the table.
So, I don't know if that was the factor to have her resend me to court, but I was making my payments on time. And so, >> let me Okay, let me ask you this.
>> When the case was dismissed, was it a conditional dismissal?
>> A cood or was the case just outright dismissed?
>> It was dis if I'm not mistaken. I'm not great return.
>> Oh, it's okay. However, so the um I had to make sure I pay every month by the fir or by the fifth um in addition to the 350 payment. So it wasn't like I have up to three months to do it.
>> Gotcha.
>> It was >> in February.
>> Yes.
>> Give me that file, please.
Um, I'll need the file because I want to see the COOD because that's what as you were describing it. The reason I was asking as you were describing it, it sounded to me like it was a COOD or conditional orders.
>> Okay. So, >> as opposed to you and the landlord just work something out and just got dismissed, which would be a different ballgame. Okay.
And so, and so you're and and correct me if I'm wrong, okay? Because I'm just going >> kind of what you're telling me.
>> Okay.
>> The the agreement you're indicating you were you held to that agreement.
>> Complant. Yes. The only >> Go ahead.
>> It was the one time I think Sorry. Um, it was maybe one time where the office closed early and they it was on the weekend and so it was applied on like that Monday. However, I don't know if it >> when was that?
>> This was maybe um I want to say March actually March.
Um, however, the all my money orders have been dated prior to the 5th of the month or >> I guess.
>> Yeah. Like I've been very compliant.
>> Well, so then one of the things you said to me is management changed.
>> Yes. There's a new >> When did that happen?
>> I want to say probably in April and my son broke the table towards the end of April.
>> Okay. Where's his table? It's in the game room. Um, we have a game room and so apparently him and a couple guys or friends were hanging out in the game room and I don't he said he lost balance um and fell on the table. However, my son has some issues. So, and I have yet to see the footage. I asked us to hit um but I'm going to take their word and he agreed to doing it. Okay.
>> So, council, you know anything about the Cood at all? No, your honor, it wasn't it wasn't given that uh I don't even know if this office that I'm covering for today actually handled that.
>> Got it.
>> Case. I >> No, I I hear you. I I just Are they on They're on their way.
>> They have not responded that they have brought it that they that they're looking for it. Would you like me to go and grab it?
>> Yes.
So, and maybe council, you know, or or don't know the 6577 in rent.
>> I apologize, your honor. did forget to deduct the court deduct the uh gaming table damage from the um >> got okay but what we're >> $170 in court cost. So >> that would have to come off of that.
Gotcha. Okay. That's that's >> rent to rotate.
>> That's fine. That's fine. Um how much is your monthly rent?
>> My monthly rent is 1712.
>> Okay. So let me ask you this.
at and I'll see it in a moment. How long was that agreement supposed to go for?
>> I'm not sure. I honestly I don't recall.
I didn't think that it was supposed to go until a certain date, but I could be wrong. Um I thought that the agreement was just to make sure that I pay my monthly payment and then that um >> then you were paying 50 on a balance.
>> Yes. So I got caught up. if my balance ended up dropping down to 5,800 but it's 65 right now or 64 um because I didn't finish paying which is bad of me but I'm going back in this judgment or figuring out like am I going to get evicted do I need to pay or I keep paying and so I paid a partial payment for May >> okay >> okay >> I well here's and when I see it I'll look at it. But when they get the filed to me.
>> Okay.
>> Um, but you were paying an additional 3 >> 350.
>> 350. Yes.
>> 350.
>> Okay. So, do you know when that got entered into how much that back balance was?
>> Uh, it was about $7,200.
>> 7,200.
>> So, I got it down to 58. within those two months, I was able to get it down to 5,800.
Um, and it could be a little bit more.
>> Okay. So, and here's the reason why I'm asking.
Okay. In very specific questions, if there was a conditional order dismissal, then the question would become, I don't know why I might have this case.
That's my that's my >> because and that can be good or bad for you, right? But >> gota >> um it it's almost sounding to me.
Well, let me if I go 50.
>> Oh, we're I'm in May now.
>> Yeah. So, did you Okay, let me I'll just ask.
>> Sure.
>> My question.
>> In March and April, did you pay your rent?
>> Yes. Oh, yeah.
>> Okay. All right. All right. That's >> so right. Um Okay. So, it looks like it was the same office that filed it.
>> Yeah, it was.
>> Okay. Um and council, the basic terms of this are that the defendant at the time was about where she said she was. It was 70 7,12678 behind that.
I'll just read it because it says defendant to resume regular monthly pay rent timely as of March 2026. That's and they in parentheses put between the 1st and the 5th. Additionally, defendant will pay $350 by the 20th of each month starting in March 2026 until the balance in 4B, which is what I in 4B, I don't know where 4B is.
I think they meant 2D, but that's okay.
Is paid in full. No late fees. If all payments timely, then 56 day rules wave. Any mispayments is ground to proceed pursuant to 4B which is below thirdparty payments accept and that's the full extent other than the check boxes. So part of what let's see this started in March.
So let me and I don't know if you have a ledger for you or not. Um March, April, May. Did she pay her monthly rent?
Arch. Yes.
April. Yes.
Although like she said the April extra payment according to the conditional dismissal. Now now I don't know if this if she actually submitted it before the you know um right.
>> It was actually added to the ledger on the 28th >> the 350. Yes.
>> Okay. And then was May 8th >> uh May May I see a $1,000 payment which was entered on 5720 26 >> but your monthly rent 17.
>> Go ahead. Um, but because I was put back into this process, I just I know >> you didn't.
>> I didn't fully because the last time you told me I need to for February I had to make that I think a payment. Um, but she told me to just make sure I made my March rent on time. So that's just what I >> Oh, I I understand that. But >> for me, sorry.
>> What? I'm Well, okay. So um so I think there's a real problem here because the notice Yes.
Which was sent to the defendant in March indicated she owed $6,45.78.
That's on the current case that was sent According to the certificate of service on March 10th, 2026, I don't know how they do that, but you're Uh, if I may, your honor, the the proof of service I have for this file before the court today, it was served on 420.
>> Well, hold on. No, I'm talking the certificate of service for the notice to quit.
>> Oh.
>> For the demand for possession. I'm I'm not talking about the complaint itself.
>> Oh, I'm sorry. I misunderstood.
>> So, but my my point to that is this.
I I don't know how and if in particular if she paid her you indicated she paid her rent in March I think.
>> Yes.
>> Okay. So here's my problem.
In February, specifically February 17th, the conditional order dismissal is entered.
That's the date I signed.
Then in March, presumably at the beginning of March, they send a notice saying you owe this amount, but that's already subject to a pay and then telling her inconsistent with the conditional order dismissal that she's got to pay that in seven days.
She doesn't pay that seven days. She initial dismissal >> dismissal and then they filed the complaint.
Meanwhile, then it gets worse only because while the complaint comes through, I think it's Miss S. I don't mean to put words into her mouth. She gets confused because now she's back in this process.
probably doesn't understand why she's back in the process and pays a partial payment but doesn't pay the full amount of the month that we're currently in.
That's a problem.
I'm sure his council can probably see I because the notice >> it's a problem for me. All right.
>> Exactly. So um yeah, let me miss out to get yourself you all right?
>> No.
>> What's wrong?
>> What's wrong with you?
>> She's serious.
>> Huh?
>> You're so stressed.
>> All right, so here's what I want you with this. Okay.
Um, I want you to relax, okay? Take a deep breath for me. Um, I had to tell another person today that nothing's going to happen until I say it happens. So, you don't have to worry about that cuz I haven't said it.
>> Yeah. I'm just trying.
>> I know. I know.
>> I just had to pay off probation, $700.
You know, I just I'm a single parent. My son just keep [ __ ] up. I'm sorry you're I just feel like I have so I feel like I just have so much pressure and I just was homeless. I just finished school, got my license. I know you didn't actually hear this, but it's like >> they don't want to hear it. You just >> Yeah. And I just getting my license. So it's like everything is just keep. It's like I hate to ask, but what's next?
Like I'm just trying to be stable and I don't have a village. I don't have a support system. I don't have a car. It's just a lot. So, sorry.
>> Don't don't.
>> It's a lot. And then I have to deal with angry mean people where I live at like can't even talk to the the the office.
Like, it's just uncomfortable. Sorry.
>> No.
>> My apologies.
>> Don't be sorry.
>> Yeah. Thank you.
>> Sorry. I don't like to cry in front of the people. Okay. And then we're recording probably.
>> Yeah, but I'm probably not the person you want to cry in front of.
>> Sorry.
Just listen. Here's the thing. All right. Well, I want you to take a deep breath. This part of it right now, you don't have to worry about right this second. I'll tell you when you need to worry about this. Okay? If you listen to what council said, he understood what I was getting at >> that they've got there's a problem there.
>> They just want me out.
>> Don't just quit.
>> I'm behind.
>> Oh, quit.
That's not about Okay.
>> Sorry.
>> Right.
>> Yeah. So, what I'm trying to do is I get why you did kind of why you did what you did once they brought you back into court because you're you're thinking I'm supposed to be doing this and then this happens so I'm going to do this part but I got to get it figured out, right? I get it. So what my what I was trying to get at at this point >> is do you have I guess almost a 700 which really then pays your May rent.
Okay.
>> Yes, sir.
>> Do you have that?
>> Um I could have it by sent day.
>> Okay.
>> So now here's the other part.
because you paid a,000, right?
>> So, you need to pay the difference between taking off a th000 of your rent, but then you have the 350, >> right?
>> Would you have all of that?
>> I could possibly get it sometime. I get paid next Friday. However, it puts me in a situation now. I can't pay children for it because >> Hold on. Hold on. Hold on.
>> What is today?
>> It's the 22nd.
>> Okay.
I'm not at you.
>> Right. Okay. We got to take this sort of one step at a time. Here's what I'm trying to So, you know what I'm trying to do.
>> I'm trying to just get you back on track with the conditional order.
>> Okay.
That conditional order dismissal is my order. I think there are some things here that I might be I I might be inclined to give leeway for you to get that June in. Okay.
>> To get yourself back on track. Okay.
>> So, what the first part of that because if I give you a whole bunch of stuff to do here, I'm just going to be part of your stress and you being overwhelmed and I don't want to do that. So I your monthly rent is how much?
>> 1712.
>> 1712. Okay. So I need $712 and then it's 350 you were supposed to pay each month. So that's a 6,62.
>> Okay. So when do you Let me Well, I'm ask you this question. I'm ask Can you have that paid by next Friday?
>> Yes, sir.
Okay. So, here's Did you take a breath?
>> I did.
>> Okay. Okay. So, here's what's going to happen. I need that paid to the landlord.
>> Yes, sir.
>> By can you I get it in as early as you can, but I want it paid before the date I give you come back next Friday.
>> Yes, sir. Okay.
>> So, that they have that.
>> Okay. What I'm trying to do so you can get a picture. I'm trying to just catch you up on the conditional order dismissal and then we can look on the 29th.
Council's going to have to speak to their client and and then come then we'll figure out how to get you back on track for June.
>> Yes, sir. Okay.
>> Okay. Yeah.
>> And then at some point, frankly, I believe this conditional order dismissal is really going to rule the day.
And so it's just getting you caught back up and then letting that work its way through.
>> Okay. Yes, sir.
>> Is that you understand what I'm talking?
Thank you. Yes.
>> Okay.
>> Yes, sir.
>> And so you're not going to cry again?
>> Oh, I probably will.
>> Okay. All right. Well, all right.
>> No. No. Fair enough. I give it a shot.
>> Okay. So, that's what we'll do. And then I'll adjourn this out to May 29th.
>> Okay.
>> 2026. What time?
>> At 12:00 noon.
>> Yes, sir.
>> So, get if you can get that in >> 28th, say that would be perfect. That way they'll have it. Yes, sir.
>> We'll come back here and then we'll figure out where we're going to go. But he's got to have I got to give them a chance to have a talk with their client about where things are.
>> Yeah. Okay. Thank you. I appreciate that.
>> You know what?
It always gets better, right?
>> Yes, sir.
>> Just have to have faith that it's going to do that.
>> Yes, sir.
>> Okay. I don't think you expected when you walked in here that this would go this way.
>> I didn't. I was >> Okay. Probably. I bet before walking through those doors, thought the whole world was going to collapse around you, you just did now.
>> Yeah.
>> Right. You're walking out of here. I need you to do that one thing. I got a roof over your head, right? And you don't have to worry about it because you're not going to worry about anything until I tell you to worry.
>> Okay.
>> Yes. Please don't don't worry. But yes, >> okay. Well, I'm gonna try not to get Okay.
>> Okay.
>> Anything else from you, Council? I think you get that.
>> Um, if if at all possible, could I get a copy of that conditional dis?
>> Absolutely. That's that's fair. I'll get you.
>> And and the reason why I'm asking for it is is because, you know, with the she indicated there was a change in management. So, I'm thinking that even m though Mr. Buchart was the lawyer on that.
>> Exactly.
>> There's two different clients and >> and that's >> and if he doesn't Right. I I I mean, I get that. I'm not I don't think council's office is to blame because the cold-hearted reality is the request the demand for possession should have never been sent and the request to file the complaint should have never been sent because this should have been part of the records that they had. So, we'll get you a copy.
>> No problem. All right, guys. Have a great holiday.
>> Happy holidays. Have a good weekend.
>> All right. May I pause this?
>> Abs.
>> You're welcome. Let's take up >> I have the last one down is mock.
>> Yeah, there's a mock and there's Cherylyn Hearn. Who is Cherylyn Hearn?
>> She was the attorney for Miss Mock.
Okay, then let's call you two together.
On the record in 25 CR185 and 26CR28, each caption state of Kansas versus Margaret Diane Mock.
Miss Hearn, there you are. Do we have any announcements on preliminary hearing for either of Miss Mock's cases or maybe both?
Miss Hearns. Um your honor, so we have a few things uh going on. We did meet with the county attorney and we had a resolution. Um Miss Mock has changed her mind about that resolution. Um it is a fairly uh there is a lot of details and more than one case. There's it's there's a lot going on in in the situation. So I think um it's not unusual to me that she you know has a lot to think about. And so I don't know what the state's position is as far as whether another meeting is a good idea if if we think we could come to a resolution. Um otherwise she wants to put it back on the docket.
I also think um the defendant should be should the court might want to inquire if she wants new counsel. She's um we haven't been communicating great since this after a very fruitful meeting with the state where we all left happy and and on the same page. um it's kind of declined since then. She has made some accusations and things. So, I need to really make sure she wants to go forward with my representation. I just want her to be, you know, comfortable and happy with her attorney and uh whether the state um would entertain another meeting with her where she could sign at that meeting. Um I think, you know, I don't think that's totally out of the question if if the state is willing to uh try again.
>> All right. Well, Miss Mock has been making quite a few facial responses while you spoke. Miss Mock, what's on your mind? What are you wanting me to know?
>> Would like to go forward with with my attorney. I feel like um she's a good attorney. She's she's done her job. I have no problem with that. If she has no problem, there was um there a meeting might be the best because I mean when I got something that I was supposed to sign um I was not aware. I mean it doesn't seem to me. I just need that explained because it doesn't make sense to me. What I was received, it doesn't make sense. Maybe I'm not understanding it properly. I don't know. But it to me it's it's going against what we we talked about is is my thing. I maybe I'm reading it wrong. I don't know. Maybe clarification would be helpful.
>> That could be.
>> I just got it yesterday evening. So I I mean Yeah. I I would like if Miss Herren would not mind to pursue move forward with me, I would still like to have her as counsel. She's done her job. Um there just a misunderstanding.
Um maybe yeah, like I said, clarification would be helpful.
>> All right. Well, let's let's wait just hold up just a minute. Miss Mock in 25 CR185, you're charged with distribution of heroin, a level two felony drug.
>> Judge, that's the one that doesn't have the methamphetamine in the deal. So, if you look at the actual complaint, it's methamphetamine or heroin.
>> Oh, that's the one that the computer that's the one the computer threw in the heroin. Okay.
because it didn't have the right code, so it made one up or something like that. Count one unlawful distribution of methamphetamine.
They're saying that you possessed approximately 14 grams of meth with the intent to distribute. They're saying in count two, interference with law enforcement, a level eight non-person felony.
Count three is the felony drug tax stamp. Those are the three that you're entitled to a preliminary hearing on.
Now, you have misdemeanors in there, too, but the prelim is for the felonies.
Then in the other case, you have the right to a prelim 26 CR 28 because you're charged in that case with felony burglary, a level seven non-person felony.
And count two, criminal possession of a weapon by a convicted person of a felony.
That's a level eight non-person felony.
And then you have a misdemeanor theft.
So you're entitled to preliminary hearing on both of those. You've talked to Miss Hearn with Miss Gillette present and she made Miss Gillette made you an offer. But when you got something in writing, you didn't understand it. It didn't seem like what you expected it to say.
>> It seemed like it conflicted with everything. Maybe I'm wrong, but I mean from what I read, what my knowledge, I mean, it seemed like it conflicted with what we talked about. So maybe we could speak have time to speak on that.
>> Do you have the document in front of you that Miss Hearn sent you?
>> Judge, it would probably be better if we continued it to 717 at 1:30 so we can try to meet over it.
Well, my my suggestion is going to be if you have that in front of you, Miss Mock, maybe I could put you in a breakout room with your attorney and see if you could resolve the misunderstandings. Miss Hearn, do you think that's possible or do you think it's >> um I don't I have no problem with that.
I don't I don't know if it would be successful, but I think it's it wouldn't hurt to try.
>> All right. Well, let's do that. Let's put Miss Hearn and Miss Mock in a breakout room. Now, Miss Hearn, if you get in there and it doesn't look like it's going to be fruitful and something we can accomplish today, just come on back. Have her come on back.
>> Okay. Thank you.
>> We'll do your honor.
>> All right. We'll take a breakout room, Missy, between Margie Mock and Cheryl and Hearn, please.
>> What do I do?
>> Oh, you're going to see something flash on your screen that says, what's it say, Missy? Something about join. Join. Join.
>> Yes. Join. Join the breakout room.
>> Click on that. Click on that.
We're back on the record in 25 CR185 and 26 CR28 state versus Margaret Diane Mock with all parties appearing as before Miss Hearn. Any announcements?
>> So your honor, uh we did have a fruitful conversation. There were some some misunderstandings in in Miss Mock's uh understanding of the agreement which is probably, you know, not to be unexpected. Um there are a couple things she like added there which I can communicate um to the state. I think there's plenty of time between now and the July docket for us to get together again in person and get that uh resolved. I think it's very very possible. I wouldn't waste the court's time if I didn't. Um and I'm okay with that July 17th docket. I believe Miss Gillette and I have a conference to be at, but we can both zoom.
Missy, what date in July were you did you have available?
>> July 17th >> 98 or 1:30.
>> Yes.
>> All right, Miss Mock, this is continued to July 17th at 1:30. You must be back here with your attorney ready to proceed.
I will continue the bonds you've posted with the added conditions that you reappear July 17th at 1:30. All the existing conditions will apply as well.
Okay. All right. We'll be in recess at this time. Thank you, Miss Hearn. You may go to >> Thank you, your honor.
>> Your honor.
>> Yes, sir. Mr. Daniels.
>> Yes. Uh, I don't know how long until you get to me, but I'm broke down on the highway right now, and my ride is here to take me to go get a new battery.
>> Well, do you want to go ahead now?
>> Do what?
>> You want to go ahead and take your case up now?
>> If that's possible. Yes, ma'am.
>> Sure. We're on the Well, Mr. McClendon, are you able to take up Noah? Oh, Seth Daniels. I'm sorry. He's not yours.
Never mind. We're on the record in GW 2026 CR42, state of Kansas versus Seth Michael Daniels, County Attorney.
The defendant appears in person and prosay. Mr. Daniels, how is it you're here on preliminary hearing control felony charges and no attorney?
>> I don't know how we're on preliminary hearing. I know that we set it over for another hearing while I mailed in the form for the attorney and that it has been mailed in. I just You guys should have it.
>> Well, let me see if it's in the file.
Complaint probable cause order.
Well, I don't see it filed. Missy, have you >> I have not seen it.
>> Okay.
>> It is in the mail. I sent it the day after we had court last.
>> So, it should it should have been there by now. That was April 7th that we were in court.
You were emailed an application.
Well, >> yes, I printed it off and I filled it out and I I did send that in the mail.
>> Well, Missy's very diligent about getting those to me. And the clerk's diligent about filing them if they get them before she does. So, let's see. Mr. Daniels, where do you work?
>> I work for myself.
>> Self-employed?
>> Yes, ma'am. Yes, ma'am.
>> Raise your right hand.
You solemnly swear the testimony you're about to give shall be the truth, the whole truth, and nothing but the truth.
So help you, God.
>> Yes, ma'am.
>> Okay. Thank you. I'm going to start having people do that because I've had some mislead me uh trying to make give me information, trying to make the outcome. But uh so you're under oath.
You have to tell me the truth. You're self-employed. What kind of work do you do?
>> I do home repair and mechanic work.
Home repair and mechanic work.
>> Yes, ma'am.
>> And what kind of money? How much money per month do you make?
>> Uh, it really varies. It's anywhere from 2,000 to sometimes $5,000 a month >> on average. How much do you make?
>> Probably we'll just go with about 3,000.
>> All right. Married or single?
>> Uh, not married, but I have a significant other that lives with me. We have a baby together.
>> Okay. And does she work?
>> She does not work. Well, she just started at uh Sonic.
>> Full-time or part-time?
>> Part-time.
>> You know what she's going to make per month?
>> I have no idea. She just started, so I'm not sure.
>> All right. Do you pay rent or a mortgage payment each month?
>> Yes, ma'am.
>> How much per month?
>> $950.
pay utilities on top of your rent.
>> Utilities usually run anywhere from with all of them anywhere from $400 to $600 a month.
>> What other expenses do you have?
>> I have what's called like overhead for my company. It's uh just miscellaneous things that I need to buy for extra materials for work or whatever, you know, tools.
>> All right. So, when you gave me the 2,000 to 5,000 and then averaged it to 3,000, is that before or after your expenses?
>> Uh, man, it's hard to tell. I'd say probably, let's say after.
>> Okay. All right. Other than your business expenses and your utilities and rent, what do you have that you owe, if anything?
Um, nothing right now.
>> You don't have student loans, credit cards, bank payments, vehicle payments?
>> No, ma'am. No, ma'am.
>> Okay.
Well, you're a family of three, so that's going to put it.
Let me double check.
Te technically, we'd be a family of five part-time because she has two other children. Well, three other children, but two of them that are there halftime.
>> Okay. But they're not legally your responsibility, right?
>> Um I >> children from another relationship, right?
>> Yes, they are.
>> All right. I'm going to find that you do qualify for courtapp appointed attorney and I'm going to appoint >> um I have Steve Athetherton working with me working closely with me. I don't know if he's courtapp appointed or not.
>> Nowood County case surely.
>> He has Mr. De Hoyos in Butler County right now.
>> Mr. De Hoyos in Butler.
>> Yeah.
>> All right. Missy, you want to see if that's that's a starting place? Missy's going to find out who you figure out who your attorney is. You'll need to check back with her uh what? Friday or next Monday at 620.
>> This is Friday, so about midweek, about Wednesday next week.
>> Okay.
>> Okay.
>> All right. Check back with her at 620-5838155.
>> Yes, ma'am.
>> And when you come back to court, you better have talked to that attorney. Uh when's his court date, Missy? July 17th at 1:30.
>> All right, Mr. Daniels, you will be continued on your bond, the 7,500 you posted March 8th of 2026 with all existing conditions and the added condition that you reappear July 17th at 1:30. Ready to go with your attorney? Yes, ma'am.
>> All right, you may go at this time.
>> On the record, in 2026, CR76, State of Kansas, versus Amberel Meford, County Attorney Jill Gillette for the state.
Christopher Ambrose for the defendant who appears in person and in custody.
Mr. Ambrose, what is your client's wish on preliminary hearing?
>> Judge, we'd like to go and get a prelim scheduled and then I'd like to be heard on bond before we're done today so I don't forget to ask. All right. Now, are we waiting on lab reports? This was April 26 of 26. Surely not.
>> Um, regardless, judge, I think it's >> evidentially. Okay.
>> It's they're able to the state's able to move forward at prelim instant test kit. I know that's not necessarily preferred. However, when I've got an individual in custody, I don't want them sitting around forever either.
>> Right.
Right.
>> Okay. Missy, what do you what do you have for us?
>> Um, nine counts of drug charges.
>> Maybe July.
I have July 7th open at 10:00 a.m.
>> Give me one second.
Make sure that I don't have >> Okay. July 7th, 10 a.m. works for me.
>> All right, Miss Meford, I'm ordering that you reappear for evidentiary preliminary hearing July 7th at 10:00 a.m.
and you have not made bond. What did you want to be heard on that, Mr. uh Ambrose?
>> Yes, Judge. Um, just so the court's aware, it's my understanding that Miss Meford is going to be an ecriminal history. Um, that's what we're anticipating. Uh, bond is currently set at $45,000 on this case. Um, in speaking with Miss Meford, she lacks the financial means to post that at this point. Um, her request, um, of course, we would an own cognizance bond would be ideal for her in her financial situation. However, we understand that both the state and the court like to have a bondsman involved often times to help make sure someone gets the court. Um, what we would be asking for is the court contemplating a $2,000 cash shity bond.
If Miss Meford posted bond, she would be residing with her mother at 5 in Eureka, Kansas. I'm not going to give the address to the residents on the hearing because it's being broadcast on YouTube, but it's there in town in Eureka.
Miss Gillette, your response to the request for was it whatever? I guess just a bond reduction. No specific request.
>> And your honor, it was 2,000 was what Miss Meford had asked me to request.
>> Um your honor, she has numerous failures to appear in prior cases. Um those are in 2022 in her prior case there. And she has um as he said she's criminal history E which for even a level five is a border box and she has taken off on us. Um she is facing a level two drug felony for distribution with n approximately 92 grams of methampetine. And although she hasn't been convicted of this yet, she has had failures to appear. So, I don't think $2,000 is a substantial enough cash assurity bond to ensure her appearance here with us.
>> Is she not on any kind of uh conditional release at this time or is she I mean, doesn't she have some kind of probation from the old older case or has she completed all of that?
>> That should be completed is my understanding, your honor. And Miss Meford is nodding affirmatively as well.
>> All right. So, what what was your recommendation? Leave it as it is, Miss Gillette.
>> Um, yeah, I wouldn't I wouldn't want it less than 30,000. She had a failure to appear last in 2023, so she's has a history of taking off.
>> Well, in Mr. county, which might be Morris County.
She has uh convictions from June 1st of 2023 for possession of opiate, opium, narcotic, or certain stimulants.
Possession of hallucogenic drugs, possession with intent to use drug paraphernelia, and possession of opiate, opium, or certain stimulants, which is probably meth. And that's uh then also in that county she has a 22 case for those convictions were June 1st on uh June 1st of 2023.
on March 21st to 23. It looks like maybe through plea agreement or otherwise, she's had dismissal of possession of opiate, opium, narcotic, drug paraphernalia, endangering a child, possession of opiate opium, etc. Montgomery County 2022.
Something was filed December 21st to 22, but I don't see what that was. Lion County 2025.
That's not a criminal matter.
uh 2026 Greenwood, she has the let's see this case >> 2025 noncriminal 2024 city of Eureka.
Some kind of event Greenwood TR 2022 traffic driving while suspended and unlawful registration 2022 Greenwood disorderly conduct conviction Greenwood 2022 she was convicted and sentenced for criminal use of financial card.
One, two, three, four, five, six counts of that.
2022 Greenwood.
Looks like a bunch more of those kind of charges.
Greenwood theft by deception in 2022.
Greenwood 2021 duty of driver to report upon damage unattended vehicle guilty plea and then some noncriminals. So she is well known to the court.
She has a lot of history. I don't know how she could be. You said criminal history. E was that you that said that or was that another attorney?
>> It would be it would be E judge. It's going to be E because there are no person felonies on there. So, she's it, as a reminder, that's three or more non-persons.
>> Okay.
Well, at this time, based on the failures to appear, the county attorney mentioned the the history of criminal activity and the seriousness of the charges, I am not going to modify bond at this time.
Yes, >> there's nothing further. We'll be in recess. Okay.
>> Meet who was the other one that was in the jail.
>> Um, Hill. I don't know her first name.
>> Victoria. Victoria. Okay. You can go ahead and go and then send her in, please.
>> Mr. McClendon, are you ready on this one?
We're on the record in GW 2026 CR41, State of Kansas versus Nick Michelle Hill. Please announce appearances.
>> May I please the state appears by Jim Gillette, Kenny Attorney?
>> William McClendon for the defendant Victoria Hill who appears to be from separate location.
>> Does she wish to have an evidentary hearing? Mr. McClendon?
Yes, judge. And I'd also like to be heard on bonds.
>> All right, Miss Hill, you're here on a felony on several counts, but the felony possession of opiate, opium, or narcotic, uh, specifically methamphetamine is the one that entitles you to a preliminary hearing.
At a preliminary hearing, the state of Kansas has the burden of producing evidence to make it appear that the crime was committed and to show probable cause that you committed that crime. A preliminary hearing is not a trial to determine whether you're guilty or not guilty. It's a hearing to determine if there's enough evidence to require you to stand trial, or in other words, to be bound over for trial. At a preliminary hearing, you have the right to be present with your attorney. You would have the opportunity to challenge the state's evidence to challenge existence of probable cause for further detention or for requiring bail as to the felony charge. You'd have the right to subpoena witnesses, cross-examine the state's witnesses, and present evidence on your own behalf. At a preliminary hearing, you would be apprised about the nature of the crime charged, and the sort of evidence you'd be required to meet if you were to stand trial. If you wave or give up your right to a preliminary hearing, there will be no preliminary hearing and you will be bound over to the district judge for further proceedings. You'll be required to appear at a later date before the district judge for arraignment at which time you will enter your plea to the felony charge as well as the remaining misdemeanors against you. And until that time, you will be remanded to the custody of the sheriff until or if you're able to make bond. And then you would be continued to be obligated under the terms of that bond. Now, have you talked with your attorney about waving your right to preliminary hearing, >> Jud? Judge, we requested a preliminary hearing.
>> Oh, I'm sorry. I thought you waved it.
Okay.
>> No, I'm I'm sorry.
>> That's not you. I'm just concerned about getting council out of here and maybe I'm heard in haste. All right.
Evidentary hearing missing.
>> What about July 10th at 2:30?
I don't think we have labs back, do we?
>> That'll that'll work for me on my schedule.
>> Well, we don't hear an answer to that. I don't So, have you seen the labs, Mr. McClendon?
>> I don't I don't recall that we have labs back. This was a I believe it was in either mid early March. Yeah, >> it was March. Miss Gillette, evident you're hearing July at 2:30 July 10th.
>> That's fine, your honor.
>> All right. Mr. McClennon, was there something else you wanted to address?
>> Yes, your I'd like to be heard on bond.
>> Go ahead.
>> Um, my client currently is on a no, she currently has no bond issued. I think she had a failure to appear prior on her first appearance possibly. I don't I don't quite know the situation there, but I do know she does have a failure to appear. Um, Miss um, Hill, she's a she's looking to go to college this next fall.
Um, she starts in August and additionally has another matter out of Crawford County she's trying to handle at this time. I'd ask that she be given a $5,000 cash bond.
Miss Gillette, your response.
>> Um, your honor, she has, as Mr. McClendon mentioned, her failure to appear here. She has interference with law enforcement. Do not believe she's um always been truthful about her name when she has had law enforcement contact. She has failures to appear in other cases like in Cherokee County. Uh she does have cases she needs to wrap up in other counties as well. Um and she's had probation violations in 2023.
And so um I would ask that it remain a cash and um that it be No less than uh 20,000 couch professional shy >> 20,000.
>> Yeah.
>> And you were asking for what Mr. Clinton >> a 5,000 judge I know far back talking with my client she's with her being in college and stuff it's really hard for her to make even a $5,000 bond. Um 5,000 probably be what's most feasible for her. I can guarantee that she won't be able to make 20,000.
>> Our last bond for some time.
>> All right. Well, she has pending charges in dodge.
Very similar charges, but add theft to the drug charges.
That's pending. It looks like you are Victoria Michelle Hill, right?
>> Yes, ma'am. I don't know anything about Dodge.
>> Well, that's what your record's showing.
Dodge. It says uh off >> Dodge City. It's out Western Kansas.
>> Uh >> Dodge. Uh well, maybe that's Douglas County. Maybe that's out of Lawrence.
>> Yes, ma'am. That that would >> Douglas. Okay. Um, >> she the bond she failed to appear on was 10,000 casher professional shy.
>> Okay. She has pending charges unlawful criminal extraition act.
I'm not sure what that involves, but it's something at a CRG for >> Gerard >> County office date 923 a 25 same county >> she has a disposition for a conviction for possession of opiate opium narcotic that that's the year 23 and the year 2020 Conviction interference with law enforcement officer obstructing resisting opposing felony warrant service or execution.
2020. I don't know what county that is, but it looks like uh opium, opiate, narcotic stimulant, criminal damage to property, possession with intent to use paraphernelia that result. But then they also had some kind of guil uh guilty plea to burglary >> that clo that case should be closed and that's out of uh Cherokee. I serve all my time on that.
>> Okay. But it's still a conviction. 2019 distribution of opiate opium narcotic that's February 17th of 19 and about four other drug charges or four other charges combination of drugs and traffic like there was some kind of plea agreement in 2018 use of a communication facility in the commission of a felony drug violation >> from bourbon >> one conviction one same charge dismissed another same charge dismissed another same charge convicted Uh, 2018.
I can't tell what that is.
2017, another possession of drug paraphernelia, trafficking contraband cocaine in a facility, uh, possession of marijuana.
Okay, th those were dismissed.
2017, some kind of disposition, marijuana, and paraphernalia.
My current charges out of Crawford are for uh well, I'm on Senate Bill, actually.
>> All right. All right. Well, you've got convictions in 2011 for drugs.
>> Most of mine are for drugs because I need help.
>> Harassment by telephone 2011 conviction.
More drug charges in 2010 convictions and endangering a child times two.
>> Burglary in 29 2009. You have an extensive juvenile history of different charges as well. So I am going to deny the motion to modify bond and maintain the bond at 20,000 cash or shy at this time.
So you will need to re be back here for evidentary preliminary hearing July 10th at 2:30 Miss Hill. But at this time, you're remanded back to the custody of the sheriff.
>> Thank you, judge.
>> You're welcome. Now, can we get [ __ ] up here?
>> Yeah. I just got to switch him out real fast.
>> All right. Thank you. On the record, in 2026, CR75, State of Kansas versus Sebastian A.
Culie, County Attorney Jill Gillette for the state.
>> Attorney Joseph Fre for the defendant who also appears in person and in custody. We don't need to talk for a lawyer anymore.
>> Mr. Fabre, any announcements?
>> Yeah, judge. For Mr. Cooler, we're going to ask this be set for evidentiary prelim today at this time. And I'd like to make a bond motion for him.
>> Very well. Missy, when's his evidentary prelim?
>> Um, what about July 14th?
I have nine or 10 available.
>> Easy.
>> I will be I will be out of town. uh that for that chunk of time in mid July, I've got I'm going to go on a family reunion.
>> Okay.
>> So, I could do the 7th or earlier or I could do like the later in the month.
>> Probably later because this is an April 26. So, probably no labs too soon.
>> I think we don't have labs yet.
>> I bet we don't.
>> What about July 24th? That's a Friday.
>> Yeah, that's that would work. But what time?
>> Um, do you need it like in the afternoon? Cuz I see you have one already at 3:30.
>> I've got Crosby at 3:30. Um, >> we could do this at 2:30.
>> Yeah. Yeah, let's do that.
>> All right, this is set. Mr. [ __ ] can you hear me?
Yes, we can hear you, Judge.
>> Yes, ma'am.
>> Thank you, Mr. [ __ ] You're going to have preliminary hearing July 24th at 2:30. You must be back here with your attorney ready to go at that time. Now, you said you had another matter, Mr. B.
>> I just like to address the issue, Mr. Coolie's bond. I'm not entirely sure what it's set at right now. Sebastian, what's it set at?
>> I think it's set at 50,000.
>> 50,000. Okay.
>> I've been five years. I was going to say uh thanks Sebastian. Mr. Kulie has has had a recent he does have an a criminal history. However, he has not been his in trouble recently. These also are lower level offenses. I think they're they're mostly lower level. So we asked the court to consider lowering the bond. A cash or shy is still appropriate, we think, but somewhere in the neighborhood of 10,000 should be enough to sufficiently guarantee his presence.
And I I'll also tell the court I have good contact with his family as well. So I I have good contact with him outside of jail as well.
>> You still live in Augusta, Mr. [ __ ] >> No, I live here in Eureka. Um and also I have a job set up with outstanding members of the community. We're building sobriety houses. I'll be staying in a sobriety house down the road from my actual residence so I can get that started. Uh, >> who are these members of the community you refer to?
>> Uh, Dan and Adz. Uh, >> what's their last name?
>> They don't know. Lomar people.
>> The Lomar people.
>> All right.
>> They're good friends of mine.
>> So, here we go again. So, they are setting up some kind of you called them sobriety houses, >> I think. I believe so. But I Well, I'm helping them build.
>> Last time I Last time I asked Dan about that, he he >> he's got one going. Um, but uh I'm helping him. They just bought a a building that I was going to help them roof inside.
Either way, I believe they're they're going to try to get me out if I had to stay if I can make bomb. But I mean, >> all right. Well, >> I need drug and alcohol evaluation also today if I I forgot to tell you, Joe.
I'd like to put that in.
>> All right. Mr. Fabre, you said these are low-level crimes, but I'm looking at unlawful distribution of controlled substance 92 grams of methamphetamine, a level two drug felony.
>> There >> I'm looking at two, unlawful possession of the controlled substance methamphetamine, a level five drug felony.
Count three, unlawful possession of felony drug paraphernalia.
That's a level five. And then criminal possession of a firearm, a level eight non-person felony, being discharged from parole March 10th of 25 and possessing a firearm uh with on April 26 >> of 26.
>> Yeah, judge. Just to be clear, and I should be clear, I apologize. Except for count one, they are low-level felonies.
count one without litigating the entire case. This these cases were the result of a search warrant. Multiple people were in the house and the anyway the the items in question were were not closer to Mr. Kulie. I don't want again I don't want to litigate the whole item but most of the most of the most of the substances in this case are he's he's being charged with them because he's in the house but most of the stuff is lower level and anyway so >> well if the state can't prove the level of probable cause then he won't be charged with any of them but he's got two counts of possession of criminal criminal possession of firearm each a level eight non-person felony a theft of a Chevy truck those regardless of a level that there's a drug tax stamp, a level 10, and copy, printing, altering, defacing, or removing identification number or serial numbers from a vehicle.
And then he gets into his misdemeanors and I know he has some history.
Yes, he was just released from parole in March of 25.
>> Okay. Miss Gillette, do you want to go ahead as as I scroll through Odyssey?
There's a lot of stuff on here. Do you want to address the request to modify bond? We convicted him in 2022 with very similar issues and it seems like he's picked up his old habits after being released from prison. And um his prior convictions were very similar issues of meth and um he had all kinds of vehicle titles and information and personal documents and uh different stages of practice of trying to create different documents for vehicles and people uh as well as the meth and other issues that he had last time with them. So, this is very similar pattern of behavior.
>> 40 counts before he did his plea negotiations, he had 40 counts against him in that 22 Greenwood case.
>> Yeah, he did.
>> That was a 22.
>> Yeah. And then as part of a plea agreement, it looks like he had a case totally dismissed in addition to the ones dismissed in that case.
There's a 21.
>> All right. So, what is your recommendation, Miss Gillette?
>> He's currently set at 50,000 cash or professional shy. Um, I don't want to see anything less than 40,000 cash of professional shy.
>> Mr. Kulie, according to the state odyssey system, you have quite an adult history here.
>> Yes, ma'am. Um, but I've also just until recently, just very, very, very recently, was doing great. And I have a great support system. I have a great plan. Um, and I'm not going to let this whole situation hold me down from doing any of that. So, all right. Well, I'm going to not deny bond reduction at this time based on the history, the current charges, and the concerns of whether the defendant will reappear or not. So, at this time, denied.
You are remanded to the custody of the sheriff until your preliminary hearing July 24th at 2:30.
Thank you, Judge.
>> You're welcome.
And thank you, Judge. If I can be excused, thank you for letting me go forward. I appreciate that.
>> That's all right. You may go. And Mr. uh Pula, you may go. And that'll bring us to >> 39518.
Okay. Stephanie Everett versus James and Christina Daniels.
Um before we get started, I'll kind of orient you to how this is going to go.
uh first I'll swear the parties in and then uh the plaintiff will get to present their case first and so that means you know testifying about your case uh referring to any exhibits you may have properly filed with the court uh and any witnesses you may have could be sworn and testified as well after that after I've heard from the plaintiff then it'll be the defense turn and uh same process I'll hear any testimony you have uh any uh you may refer to any exhibits properly filed with the court and if you have any witnesses, they can be sworn and testify as well. After I've heard from each side once, then I'll make a decision. I'll let you know what the decision is and the reason for it.
Now, during the time the other party is presenting their case or their defense, I want you to let them do that. Please address all of your comments about the case to me, not to each other. Uh, and even if you believe the other party is saying something that isn't true or you disagree with it, uh, don't interrupt them. Let them present their case. Keep in mind that, uh, even if you don't believe they're they're accurate, that you either will get your chance to tell me your side of it in a few minutes or you've already told me your side of it and I know. Okay.
uh I may need to ask you questions from time to time and I may do that just to make sure that I understand the nature of the claim or the nature of the defense. Also, I may do that in order to keep things focused on just the issues that are going to help to decide the case. All right. So, with that in mind, can I have each of you raise your right hand, please?
And do you each swear the testimony you give in this case will be the truth, the whole truth, and nothing but the truth?
>> I do.
>> I do.
>> Okay. All right. So, uh, Miss Everett, your plaintiff, you get to go first.
>> Okay. Um, in 2024, Mr. Daniels and myself um had verbal agreement to for me to work and complete um several different jobs of anything from demo work um at one house to another house that was a paint job, a deck um and landscaping as well as inside work that I did on three, it was three stories.
Um, we have a verbal agreement at $20 an hour um for all of those jobs except for the deck paint job which I have submitted evidence and have in front of me as well of the photos of these places. Um, and it was supposed to last until the job was done or until um October I believe um if I'm correct. And so, like I said, there was $20 an hour except for the flat fee for the paint job, which I completed more than half of that. Um, it was confirmed that the bid was at $11,000 by the homeowner's partner. Um, had confirmed that amount. I was supposed to get amount of $2,600 for my work. Um, and then there was carpet jobs. Um, he had worked, Mr. Daniels has worked for a plate a company that has been here for many years and the agreement was for me to work for Mr. Daniels and he was to pay me. Um I was um asked by the owner of Dryex if I would like to think about maybe being on payroll. I was never on a payroll. I was never paid directly by him. It was clearly through just Mr. Daniels and my verbal agreement. um uh he did not pay me for those. There was three jobs out of all those carpet jobs that we did that Mr. Daniels um had agreed to pay me 5050 on those jobs. Um that was a total of $591 for three jobs.
Uh I have the amount on all of those. I submitted the evidence on that as well.
Um I have pictures as as well for the outside of the property um for the paint job. It shows a deck and some of the landscaping around there. I also submitted um evidence at Savannah's demo. I that's what I named her the owner's name Savannah. That's the where I was getting paid by Mr. Daniels $20 an hour. Um he gave me a total amount of $800 equals 40 40 hours of work. Um, I am still owed 101 hours and 35 minutes for $20 an hour plus the flat fee for the deck and the $591 total for the three carpet jobs. I never had an agreement with any other person but Mr. Daniels. Um, the owner of Savannah, the one who owns that place. Yes, she seen me working there. The agreement was she pays Mr. Daniels whatever amount. I'm not sure. I wasn't involved in that. I was basically more, I guess, a subcontractor because I was working for him. You know, any agreement that he had with anybody else, that's none of my concern because I worked for him with him. Okay? And we had the agreements.
Um, he Mr. Daniels, I have tried settling this out of court.
>> Let me stop you there.
>> Okay. I do need to ask a couple questions. Um, and I from either of you, I don't need to hear about any settlement offers out of court or or your mediation session.
>> Right. Right. Right. Right.
>> Keep you can keep all that to yourself.
>> Um, so that we do that so that people are free to talk about settlement without worrying it's going to come in during court session.
>> Okay. But I do have a couple questions.
So first of all, uh, did you have a written contract uh for employment?
>> No.
>> Okay.
And second, do you have any time cards or anything like that?
>> Um, I do not I I do not have my personal notes that I would write down and that's how I came up with what I submitted. Um, with ours I have >> is there any kind of a written u scope of work that was agreed to be done on for any of these jobs or contracts for these jobs themselves?
>> Um, not written down. There is not the only thing that I have between him and I that um anything written down was about me working for him. Um there was via text messages. Um I did submit it. I don't know if they're very clear or not.
I do have them in front of me that um it talks about me doing the work and his agreement to be paying me. and um yeah and also some other text messages between him and I about him saying about me working for him.
>> So where where are these text messages?
Can you point those out to me?
>> Okay. Um they are we'll see >> they should have a exhibit name or a number associated with them.
It should be maybe section five, photographic evidence of work performed.
Um, let's see, text messages. Um, section 5S These exhibits have names or numbers.
>> Really?
>> Can I present this to you?
>> Sure. Why don't you just bring it up? Is that a copy of something you already submitted electronically?
>> Okay. So, there's section five.
>> Okay. So, it's this. All right. I think I have that in here in some form or another.
Okay, this looks like a notes or a log.
I I got I what I Here, I'll give these back to you. Go ahead and have your seat. All right. The question I had for you was whether you had copies of those uh texts.
>> All right.
>> Yes. Would you like those?
>> Yes. I'd like to see the texts between you and Mr. Daniels.
Okay.
All right.
Okay.
All right. Why don't you go go ahead and take a couple minutes and finish up?
>> Okay. Um, so Mr. manuals. Um, and I, like I said, I had finished the work. Um, I do have, as I stated, the evidence pictures um that I brought in with me as well for the jobs that I did do. I do have my um my notes that I wrote myself about the locations and hours and the work. No, Mr. Daniels um would pick me up um himself and we would go to these locations um together >> and I had not received any payment or any kind of agreement between anybody else but just Mr. Daniels. um he decided that after as you see in the text messages that I gave you um when I asked about payments um he he did not pay me um the rest of the money that was owed and agreed upon after he found out that my ex had been at my house and it's you can clearly see in the text messages are you sure I want to work or you want to work for me and not your ex Mark well that was totally irrelevant and um to anything to do with my work job with Mr. Daniels. Um, I had rejected him when he tried advances at me at my house. I told him that to keep it professional, he needs to go home to his wife and that's when that message followed um about my ex. Do I, you know, I should work for him. Um, Mr. Daniels did show up at my house after I sent a demand letter in the good faith offer and he is I did submit that. um I don't find it and he stated also that I was harassing him that he would call the police and get a restraining order against me for me just basically asking about my the money that was agreed upon and so I didn't know what to do after that point when I got that message um because I wasn't harassing him. I was simply asking for payment that was agreed upon. Yeah. And he showed up at my house after the demand letter was sent to Mr. Daniels and his wife and he's on video u using derogatory language um at my residence and you know I felt very uncomfortable with him showing up uninvited and wanting to talk about him saying that he first stated it's not like I don't want to not pay you but I can't I don't have any money that's what he was stated I I asked him to leave because I had already sent the demand letter and the information to him and his wife. Um, there was no reason why he needed to be at my residence nor use profanity and flip me off and cause this big scene which my neighbor caught that on camera and I presented that as well.
I was just trying to be fair and just, you know, settle this out of court and just get what was owed to me, not have it go this far.
Thank you. Right.
Uh, let me hear from the Daniels.
>> Um, I thought that I would uh talk if that's okay. I'm Christina. I'm also on there. So, um, my apologies. We were we were formally served 5 uh 9, no, 56. So, I didn't realize that I should be filing stuff so quickly. Um, but I went and cross referenced as much as I could based off of what was submitted um by Stephanie trying to piece it together, which is the problem that it's been so long and there's a seems to be very verbal. Um, so the the carpet work that was performed on her worksheet through um is through a employer named Dryex, which Jamie was a W2 employee for. Um the owner was falling ill at that time and needed some extra help. So I think that that is why Jamie brought her along on those jobs.
We're not an employer of Dryax. We don't own Dryex. The owner did pass away um the end of August and Jamie act we had to sue the estate to get the remaining part of his payroll um paid to him which was his hourly rate at the 20 bucks an hour >> for for an entire month.
the mention of um Savannah and the demo work. Those pictures that are presented were actually work done by a contractor.
Jamie does side gigs for a handful of folks. And occasionally he'll bring along extra folks to help him and pay them cash at the end of the day. So that's why this doesn't quite make sense to me in in my cross referencing. Um, I can see that Savannah did pay Jamie uh $450 in Venmo, which was the source of how she would pay him. Out of that, $119 was dumpr run fees. So, and I do see that we had an ATM cash withdrawal for $300.
So, in my assumptions based on history, I'm assuming that's what she would have gotten paid if it was from us.
And then finally, um, the contractor at the the Buddha houses, as it's referred to, the bid I think that Stephanie is mentioning is the bid to the contractors they hired for the renovations they were doing that. And Jaime's not a contractor. He's more of a handy. No, you're not even that laborer. He's a laborer is a better way to say that.
Paid by them at 20 bucks an hour and he worked for them at their property just for several years. And occasionally again he would bring folks to help with a bigger job and pay them cash at the end of the day. So again in cross referencing that with ATM withdrawals it appears that we've already paid her if this did go to her which is hard to tell. you know, $8 $900 at least at $20 an hour. Looking at her um spreadsheet here of hours worked, it looks like she only worked at the Buddha's property for 10 hours when I add added those up. So, that's confusing to me, too.
And then also on her spreadsheet, she has 12 different carpet cleaning jobs, but only three of them are this 5050 split thing, but I was an hourly employee of Dryax. So there's no 50/50 splitting of anything. And I was an hourly employee of the Buddha people.
They paid me cash. And um I was an hourly employee for Savannah Parker uh realer. She paid me through Venmo. So I I assume that she would be paid those same ways.
>> And if not, I through her own admission there's $940 that she was paid for uh 10 days of work that she did.
Okay. All right. Thank you.
Okay. Um, these are I I saw in the electronic file that these are filed electronically, so I can give you back the hard copies.
>> There you go.
>> All right.
>> I have anything or not?
>> Uh, no. I've listened to both sides.
Now, you know, this is a little bit scattered and a little bit confusing and, you know, I I see a lot of sort of different interpretations of what these things mean. But, you know, I'm going to go back to the basics here, and that is that in order to prevail on a claim, you've got to prove by a prepoundonderance of the evidence, meaning the greater weight of the evidence that you're you're entitled to your claim, that there's a theory of recovery here. Now, you know, Miss Everett, you're saying that you're you're an employee or you're you had some kind of a contract to perform work for Mr. Daniels at a specified rate for these specified jobs, but I cannot find by preponderance of the evidence that that's been proven here. There's, you know, your testimony about that and your uh documents and things, but you know, really your documents here are just your notes that reflect sort of the same thing that you're saying. There's not a contract. There's not even what I would consider to be a implied contract by communications and performance which sometimes people can show through things like text messages or letters back and forth that would show that there was a agreement to perform certain work and an agreed upon rate at an agreed upon standard. But none of that is here. So I just simply cannot find for lack of evidence that you proved your claim by proponent to the evidence. So I'm going to find in favor of the defense.
All right. I've issued a written judgment to that effect which filing with the clerk and that judgment will be available to both parties and uh Miss Ever since you're here um you can have a copy of that right now and then uh for the Daniels you can get a copy of that judgment from the court clerk anytime.
>> Thank you your honor.
I will conclude this matter.
And that's all she wrote. Ladies and gentlemen, thank you very much for hanging out with me tonight. I've had a blast. Thank you, chat. It's been amazing.
All of these special people. Look at all these. Look at all these special people.
Y'all don't forget tomorrow morning.
Charlene Kernov, Julie Sassy, thank you so very much for your donations tonight.
We have a uh we have a a brunch to get together tomorrow morning 11:00 a.m.
Central Standard Time noon.
You know, yeah, they work for nothing.
You got to watch out for those uh those paperless contracts there, don't you? It's been an interesting case all the way around. We started off with some civil cases, some landlord tenant stuff. Ended with a civil case, little spattering of some criminal there in the middle from Greenwood County, Kansas. Always interesting seeing Judge Webster work and hearing what crazy things are going on there. And ending in Thirstston County, you know, it's Thirstston County. Don't forget about brunch, ladies and gentlemen. We'll have lots more to watch.
I happen to know for a fact that we have the Santos on block and we have Mogan on block for tomorrow.
So, thank you all very much for hanging out with me tonight. I'm your lone waffle. I'm your curator for these here videos. I am your guy who puts together all these videos here on this channel.
And I appreciate every single one of you. And ladies and gentlemen, ah beat.
So at the long at the end of a long long week, I want to say thank you very much one last time and say I am Oh, thank you very Oh yeah.
And if nothing else, remember listen to mom And maybe you'll find us on Discord.
BR's got all these links over here. I I really should do my job. That right. That's not even right. That's not That's That's the That's the wrong thing, too. Oh my goodness.
I don't know how to do my job, ladies. I just don't know how to do it.
Thank you so very much.
Thank you. Thank you. Thank you.
We'll see you tomorrow morning, ladies and gentlemen. I got a lot of work to do. I've been doing a lot of work in the background. It's been a pleasure. I'll see you next time.
That's right. Crappy pro streamer here.
You don't get any more pro.
No more pro than this right here.
I got no redirects.
I got no swarmmy witty last sayings.
I got nothing really.
So, why are you still here? It's It's done.
Bye.
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