In criminal cases involving firearm possession, courts must balance public safety concerns with constitutional rights and self-defense claims, as demonstrated when a 17-year-old was cleared of unlawful firearm charges after claiming he pulled a gun to protect his brothers from a knife attack, with the judge noting that recent court rulings challenge the constitutionality of firearm restrictions for individuals under 21.
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17-Year-Old Cleared After Pulling Gun to Protect Brothers from Knife AttackAdded:
So, you're charged with an unlawful carrying of a weapon. You are facing up to a year in jail and or a $4,000 fine.
We are going to do probable cause. You have the right to remain silent.
Anything you say can and will be used against you.
You have the right to have an attorney present. If you cannot afford one, one will be appointed to you, sir. Yes, Judge. On February 5th, 2025, the officer responded to a suspicious person with a weapon at 5900 Gulf Freeway. The officer made contact with the defendant who was 17 years old. The defendant advised he was inside Jack in the Box while brothers were selling waters outside. The defendant saw a male rushing at his brothers with a knife, pulled out his gun, and pointed it at the male while telling his brothers to run.
The officer performed a search on the defendant locating a 9 mm Glock 19. The defendant advised he bought the gun from a friend for $150.
I mean Yes, Judge. In this case, the officer was going off the fact that he performed the search because he indicated there was a firearm. So, he He's going to the defense of others.
Yes, Judge. Another person It's just the way the act this is pled is because he's under age. He's below the age of 21.
That's the way it's pled, Your Honor.
Do you hear this?
Hold on. I'm going to go yell at somebody. Hold on.
Hi, Judge. Is this Is this young man charged with unlawful carrying or possession?
For for being under 21? Correct.
>> Hold on. I've got a kit. Here's a GPS memo.
>> I'm more concerned about the defense of others. Did you hear it?
I mean Well, hold on. Hold on. Hold on a second.
>> Here's the people of the state. Let me Let me Let me give you a lawyer, Mr. Oh, I volunteer. I volunteer representing the guy.
Yeah. Here's a breaker. Can you fill that out, please? I will do that. But, here's a GPS memo saying that it's unconstitutional. You know, represent the gentleman. Oh, hell yes. Here's the fifth circuit saying that it's unconstitutional.
Here is the United States District Court Northern District saying it's unconstitutional. Here's a motion to quash the information. I'll just cross out the name.
>> [laughter] >> Great job.
Yeah, I had to get in this fight yesterday and I'm Tita.
Um Please welcome Mr. Tita. Thank you.
>> [laughter] >> I just I was going to Yeah, I was I'm Look, you got to be very careful. You know, God forbid something happens where you really dig yourself a hole. I'm going to find no probable cause, but really, you got to be you have to be very careful. You know, sometimes you make a decision in life and it can really have consequences. All right? You know what that means, right? Yes, sir.
Are you in school?
It all starts with school, man. You got to get your in the back into school.
This is not a good way to go through life at 7:00.
The more schooling you have, the more money you're going to make. And knowledge is power, my friend. Do it.
Yes, sir.
Make something. Make me proud.
Please.
You got to hear what I'm talking about.
My case is going to get dismissed.
Be careful, friend.
Yeah, I literally have all that on me because I have a case in another court. I was going to find no PC anyway, so Right now I can say that. There's nothing for you out there.
Let me express my extreme disappointment that you've now picked up a fourth case.
Cannot tell you how disappointed I am.
With us in October, terroristic threat.
Two weeks later, another terroristic threat.
Two months later, a reckless driving.
And now you've picked up a felony evading in a motor vehicle.
Can you tell me what happened in the latest case, please? In the evading, your honor? Yes, yes, judge. So, in the evading, it was on February 7th, 2025, and the officer observed The officer observed a vehicle driving recklessly on Mason Road and initiated a traffic stop. The vehicle proceeded to drive at a faster rate of speed and change lanes when unsafe through moderate traffic, endangering other drivers. The vehicle evaded for approximately half a mile and ultimately entered a parking lot and parked the vehicle behind the restaurant on Mason Road.
And at that point, the black male wearing a bright orange shirt exited the vehicle through the driver's door and ran through a large tree bush and evaded on foot.
And it looks like he continued to evade and he was approached as he ran on foot, moving across all lanes of traffic, ultimately coming to a stop due to him slipping and falling.
So, after evading for half a mile, he just ran on foot, your honor. Judge, I know that that's not our case down here.
Um my assumption, this is a broad assumption, is that perhaps, given Mr. Jenkins' recent run-ins with with the law, maybe those cops are familiar with him in that area.
I don't know. It didn't It didn't articulate how he drove recklessly before the initial stop.
But I think Mr. Jenkins, um maybe has has some I think he expressed to me that he thinks he's being treated unfairly.
Yeah. So, I don't think he was doing this out of his own safety. You now have a fourth open case.
You know, sometimes we have to protect people from themselves because they are their own worst enemy.
I think that you're in a a danger to public.
You refuse to comply with bond conditions. You have a reckless driving with us. You were ordered not to drive recklessly. And now you've picked up an evading in a motor vehicle.
>> [clears throat] >> Mr. Jenkins, I I don't know what to tell you, but Mr. Jenkins, I'm now going to revoke the bond on all the cases and I'm going to set them high because you are a danger to my public. And I told you over and over and over and over. If you endanger my public, there's only one thing I'm going to do.
So now, I'm going to set each of your bonds at 10,000 and four.
I am now taking away your privilege to drive. You will be signing an affidavit with me today promising that you're not going to drive, Mr. Jenkins. And I'm going to tell you that if I find because I don't know if you're going to bond out, you know. Your now bonds are going to set about about $40,000. So, if you do bond out, you're going to be signing an affidavit with me today promising you're not going to drive. If I find that you drive, and I'm also going to put a weapon on here that find that you're in possession of a weapon, I can have a contempt hearing.
You can be facing an additional 6 months in jail and a $500 fine every time you drive. Do you understand?
>> Yes, sir.
I'm also going to order you to have a curfew of 7:00 p.m. to 7:00 a.m.
We have resources here.
We have all kinds of things to give to people, cell phones, tablets, places to live, and food to eat.
All you have to do is ask, and we can give you things.
But now, you've repeatedly shown me that you just you're going to do whatever you want to do, to hell with any conditions that a judge puts on you.
That's what you have effectively told me by picking up a fourth case, and a felony case at that.
So, what you tell me now goes in one ear, goes out the other ear. I I I just can't. The unfortunate part is that these felony cases take a very long time to resolve.
And I guess we'll track it. It looks like the felony is set for March 20th.
If you want the next day, I'm happy to do it. Whatever you would like to do.
Okay. Well, take your time, whatever you want. But as it stands now, you're too dangerous for me, Mr. Mr. Jenkins. You scare me.
So, all right, we'll have you come up short us, and we'll talk to you soon, Mr. Allen.
I have Daniel Portillo. He is here, and he may need bond condition. Well, he made a surety bond in all those cases.
Come up, Mr. Portillo.
>> [clears throat] >> I'm ready to set these for trial. It's 250 days. He's got five open cases, and they're very serious serious What condition Do you know what the felony court I I have it pulled up.
>> Okay, police This is Mr. Portillo.
Yes, Judge. I just want to confirm my What felony conditions do we have, please?
Bless you.
Can't go within 200 ft of the 7015 Ferret Road. No contact with Jose Cantu.
And 2013 Cantu.
Broken alcohol testing.
Um travel restricted. Remain in Harrison County and continues counties. No firearms. No Do you have a leg monitor on right now? No, sir. I'm putting one on you now and I'm giving you a curfew.
I want I don't want you out in the middle of the night. I don't want you to have any weapons and I'm going to have you sign an affidavit with me today promising you're not going to have any weapons. You have with us a dis- disorderly conduct, a discharging of firearm. You have two felony assaults, a burglary of a habitation and now you picked up a failure to ID as a fugitive from justice. Your cases are 250 days old and it's now time to set these for trial. Do you have an offer on these cases? I'll look, Your Honor. So >> There's not. There's not, Your Honor. I need you to put one on today. It's 250 days. What conditions are you referring to? I don't see any felony bond conditions It's the 1875107 Judge, so you would like to imagine out of GPS today? Yeah, and I want to put a curfew.
7:00 p.m. to 7:00 a.m.
Now, he is working in construction from 7:00 to 5:00, so I just I'm ready to put these babies to bed.
I'm not dealing I mean, it's just way too much drama for me. Mr. Portillo, we have way too many just So, I'd like you put an offer today.
Yes, Judge. I want you to speak with your lawyer to see if that's something that you guys If not, I'm setting your case of draw today.
Do you understand?
Take a seat for me, sir.
Um Judge, would you like to remain in Harris County as well?
They're only talking about videos.
I have quite a bit of history with Mr. Portillo.
Not only with the five open cases with other priors that we have had with him.
And um So, let's see. Can you put an offer on the cases? Let's see what you guys want to do and then come back and just let me know. Okay. Please.
I'm sorry.
And I just got discovery today on new ones. Sorry, you know, 258 from December.
Your Honor, there's new ones and there's new videos.
Okay. I'll give you one reset.
I didn't realize that the case is from December. I was looking at the first one where it's from 2023. And so I was appointed December 19th, so I mean this is really I'll give you I'll give you a setting. Okay. It's way too much drama for me and it's just too much. And time for He does have I think felony on March 12th. So, could we could I do it maybe [clears throat] after that to see if you know, and then if it's done resolved At that setting, will you come back? I mean, is discovery complete on the felony ID? On the felony ID? Let me see, Your Honor.
I mean, I just talked Yes, Judge.
Discovery is complete on the felony ID.
Okay.
It It like there's just two videos that needed to be shared to you and we can share those right now.
You know these are there?
Cuz there's also these two that just popped up.
We'll make sure they're shared to you.
Mr. Portillo, come up.
This is an affidavit that you're going to swear to me today that you're not going to be having any possession of any weapons whatsoever for any reasons. If I find that you have a weapon, I can have a contempt hearing and every time it's punishable by up to 6 months in jail and a $500 fine. Do you understand?
I will do everything in my power to protect my county at all costs.
Do you understand?
I'm giving you 30 days. It is your responsibility between now and then to meet with Mr. Elick. When you come back, you must either accept the plea bargain agreement or your case will immediately be set for trial. Do you understand?
Come on.
Okay. You got it. I have Mr. Jose Borrego here.
We are >> [clears throat] >> He has a a sole family member.
Is this Mr. Borrego? Yes, correct.
And he is We are asking the court to change the or lift the protective order. He is currently This is an incident of alleged incident that happened in August of last year. Since then, he and the complaining witness have been co-parenting. They They She is here right now. It has been very difficult to co-parent because of this protective order in place that they're trying to abide by. He's having to get hotel rooms so that he can have a place to stay. Um it's difficult with work. Also, she needs help with the child and this protective order just has been difficult. If there's a protective order, they're not supposed to be together. And they're here together.
That's not a good >> They did not come together.
>> So, I I don't know anything about your cases. We're going to do probable cause.
You have the right to remain silent. All I know is that you're charged with assault of a family member. You're facing up to a year in jail and/or a $4,000 fine. We will do probable cause.
You have the right to remain silent.
Anything you say can and will be used against you.
You have the right to an attorney present if you cannot afford one. One will be appointed to you, sir. Yes, yes.
The complainant and the defendant are dating and on August 23rd, 2024, the officer was dispatched to a family assault and the complainant stated a verbal altercation began while she was in the car. The complainant exited the vehicle with her child, ran towards the home, and the defendant ran after her.
The defendant took the baby and put the baby in the car. The defendant then grabbed the complainant's phone and smashed it to the ground. The complainant stated they got back in the car and the defendant stated he was trying to drive into a box truck to kill them. The complainant grabbed the wheel to stop the defendant and he bit her left forearm. The defendant began punching her in the face with a closed fist approximately two to three times.
The defendant then stopped at the gas station, dropped the complainant and the child off, and left. The officer observed the complainant had visible injuries to her left forearm consistent with a bite mark, scratches to her face, and bruising on the left portion of her upper right arm. Uh guys, I guess do you want to go do the rip? Yeah, we could reach out to our DVD prosecutor and see if he's here.
Um yes, that is also my Yes, yes. So, we need to reach out to the DVD prosecutor to allow him to perform the rip.
Hey, let me just list this. The first thing I I want to know what she says. In this courtroom session, the judge handled several different criminal cases with a firm but detailed approach.
First, a 17-year-old charged with unlawfully carrying a firearm was released after the judge found no probable cause, especially because the teenager claimed he pulled the gun only to protect his brothers from a man with a knife. While the judge also referenced court rulings questioning the constitutionality of the under-21 gun restriction.
The judge still warned him to return to school and avoid future trouble.
Another defendant, Mr. Jenkins, faced harsh criticism after picking up a fourth criminal case, including felony evading in a motor vehicle, reckless driving, and terroristic threat charges.
The judge revoked all his bonds, raised them significantly, imposed a curfew, banned him from driving and possessing weapons, and described him as a danger to the public.
The court also addressed Mr. Portillo, who had five serious pending cases, including firearm and assault charges, ordering GPS monitoring, a curfew, and strict weapon restrictions while pushing both sides toward a plea agreement or trial.
Finally, in a family assault case involving Mr. Borrego, the court reviewed allegations that he assaulted the mother of his child during an argument, while the defense requested changes to a protective order so the couple could co-parent more easily.
However, the judge insisted on first hearing directly from the alleged victim before making any decision.
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