When a probationer fails to comply with reporting requirements without valid justification, the court can revoke probation and impose prison sentences, regardless of personal circumstances like poverty or homelessness, as demonstrated when Judge Stevens revoked David Booth's 10-year deferred probation for failing to report to his probation officer and sentenced him to 4 years in prison for a second-degree felony of fraudulent use of identifying information.
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Judge Stevens DESTROYS Fugitive Probationer: "So The Victim Keeps Getting Victimized!!"Added:
use of identifying information, which resulted in a restitution of almost $2,000.
Right? How much is that has he paid? He hasn't paid anything since This much, right? So, the victim keeps getting victimized.
You had twic cards, credit and debit cards, driver's license, health insurance cards of other people. Yes, sir. In total, 12 items of personal identifying information belonging to seven different victims.
We have a big case here.
Uh pending warrants in this cause number 25 CR 395.
And that is a motion to revoke probation that is pending and it was held in abeyance originally. Correct? That's correct. I already played guilty earlier in Cherokee. And I can say But your account one is just filing direct bill.
November. Mr. Booth.
failing to report to the probation office and that's going on now. Failing to report? Yes, sir. Uh he failed to report in February and March. Okay.
All right.
So, what are we going to do? Do you have an agreement or no? No, we don't go through with it. All right. I understand that.
Okay.
Then 25 CR 395, the state of Texas versus David Booth is called. You are David Booth?
Yes. You have to speak up so she can hear you. Yes, very much. And you were here with Mr. Adams, your attorney, and the state's attorney is present. There is a motion to revoke on adjudicated probation filed September 19th, 2025.
Does the defendant waive a formal reading of memo.
What we have is a first amended motion.
Correct, your honor. That was filed on May 22nd, 2026.
Does the defendant waive a formal reading of this motion and also any additional time he may have to prepare in this case can we proceed in summary?
Yes, yes, sir.
All right, Mr. Booth, raise your right hand. Do you solemnly swear or affirm any statements that you make during this hearing shall be the truth, the whole truth and nothing but the truth, so help you God?
>> Yes, sir. Lower your hand.
In summary, and we can proceed in summary. In summary, this first amended motion to revoke probation alleges on June 16th of last year, 2025, in this court you were placed on 10 years deferred or unadjudicated probation for the fraudulent use or possession of identifying information. Is all of that true?
And that's a second degree felony. Yes, sir. Correct.
First amended number five.
Is that where we are? Yes, it is on the page of miss. Yes, sir. And this states [clears throat] uh that this alleges that you failed to report to the Jefferson County Probation Office on or about February 10th, 2026, in violation of condition four of your deferred or unadjudicated probation order.
Is that true or untrue? True.
Are you pleading true to that voluntarily and because it is true as it It alleged?
Do you understand that a voluntarily and knowingly made plea of true to one or more violations of probation that's enough to grant a motion to revoke probation. Yes, sir.
Your probation can be revoked.
You are deferred or unadjudicated probation for the second degree felony of fraudulent use or possession of identifying information.
Your probation can be revoked. You can be found guilty and sentenced to no less than two no more than 20 years confinement in prison.
Knowing that do you insist on pleading true today? Yes, sir.
Yes. I find you are pleading true voluntarily. You understand and appreciate the consequences of pleading true.
>> [clears throat] >> All right, state.
Uh he's pleaded true, but does the state have additional information or or evidence to present? No, your honor.
Um I know that he was when we did this first uh back in November 10th of 25 we held this in abeyance and he was supposed to report twice a month after that.
And so now we've got February and March that he really hasn't played the the two times. So we had originally thought he hadn't played uh reported in January but he had.
I reported in January so reporting is twice a month in February and March.
And honestly I I with this new offense I wanted to throw him in prison, but after reading over the new offense I'm not exactly sure of the facts of the case.
Do you want to present any evidence So so regarding this uh additional evidence >> No, sir. I I don't. I No, sir. On the failure to appear?
>> Yeah.
I'd like to know more about this.
Sure. We'll call probation office.
Raise your right hand and do you solemnly swear or affirm that any statement you make during the plea shall be the truth, the whole truth, and nothing but the truth, so help you God?
Yes, sir. What is your name? Thank you.
State your name. the record, please.
Miss Court, are you a probation officer for David Booth? I am. And and that's on this case involving the fraud fraudulent use or possession of identifying information, is that correct?
And how long have you been his probation officer?
I'm sorry, a year. A year now, okay. For how long? For how long?
A year, almost a year.
Go ahead. So, I had at some point you you you filed an administrative hearing because he was not reporting back in 2025, is that correct?
>> Yes.
And so, we filed the motion and we came here in front of the judge and he pled true to not reporting, is that correct?
>> That's correct.
So now, we here we are again in in 2026 and has he been reporting as required by the court?
He has not.
And January, he reported actually twice and in February February last year, he did not report at all.
Was there any excuse that he gave why he did not report? No, sir. Have you ever talked to him or did he have to get arrested before we could actually talk to him? Yeah, no. He when he got arrested, that's the only time I saw him in jail, but not before I had arrested him.
So, he didn't turn himself in, didn't call up and try to rearrange the appointments or anything, is that correct? That's correct. Okay.
So, looking at all this, what is it that you think is in his best interest around the best interest of justice in working with Mr. Booth? You've been working with him for a year now. Do you think he's somebody that can comply with conditions or does Do you think he's somebody that needs help? Where do you think we should go?
I think at first when he was first reporting, he seemed to want to comply with everything, but then his visits dwindled down. February and March, I was very concerned about him because he had not been reporting. He had not contacted me to give me an explanation as to why he did not report.
Uh He did advise me back in January that he has PTSD and he has some trauma and uh that he was going to MHMR for some sort of shots.
Um when I asked him to name the shots, he could not recall the name of the shots.
I think there may be some mental health issues involved.
Uh but apart from that, um I don't have any further information.
Do you think it might be best to Do you think you could continue working with him that he might be able to comply if we put him on the mental health caseload if he does indeed have those problems? Yes, sir. I think so. Well, who says he's got a mental health? Well, that's what we're trying to figure out if he does. I mean, who's the expert that says that? That's uh Well, he mentioned to me, sir, that he had PTSD and that he was going to MHMR.
Well, we haven't seen any evidence of that. Is he self-diagnosing and or do we have a doctor that helps us out on this?
But what is it about that that we didn't pick up when we put him on probation the first time at the beginning that made him fail to report? I mean, really, what is the trauma that requires him that that causes him not to report?
If you can't do anything, you got to report or else you're not on supervision. You're on your own supervision, which doesn't work.
You know, we don't need them or me. You You're then you're on your own and that's not the way it works. Supervision has a term that it has meaning as a meaning that's common. Means someone is looking over you. Yes, sir.
And that's been happening since June of last year, a year. And The gentleman Everybody has to report.
That's the thing you have to do.
And then everything else we can help with, but if you don't report, you're AWOL. Yes, sir. You've been in the Have you been in the service, military service? No, sir.
Well, when you go AWOL, you they find you.
And And you don't get a attaboy.
Okay. Go ahead.
I don't see anything mentioned in his presentence report concerning any mental health issues back when he was placed on probation.
It's never been mentioned up until just recent >> He's been on probation now for a year, and couple main things that were important, not only uh reporting, but program use of identifying information, which resulted in a restitution of almost $2,000.
Right? How much is that has he paid? He hasn't paid anything, sir. This much, right? So, the victim keeps getting victimized.
So, you see, since I don't think there's going to be any payments from him considering that I think he does not have a steady home.
Um another thing we can do for if he's not going to report is put him in prison.
What do you have to say?
I would like to ask you a couple questions. Go ahead. Yes, sir.
>> So, you said that you've been supervising him for a year. I believe it started in June of 2025. Yes, sir. And he didn't have problems until you said February and March of 2026, right? Yes, sir. So, one of the good things and positive things that you can tell Judge Stevens is that for the overwhelming majority of the time, he has been reporting.
If you had him for a year, and then he had problems in March and February, well, we go back a year, and that's pretty good, then.
Well, I wouldn't say so, because he actually absconded. This is a second hearing we're having. His first hearing was uh held in abeyance. Because he absconded.
Yeah. Well, then this isn't the first time. Well, then he cuts through. Uh well, on the positive form your inner actions with him, I know Judge brought out that you're not a medical doctor and you're not a psychologist, but then just dealing with him as a layperson, is there anything that make you think he has kind of mental problem?
I know you're not a doctor and I'm not asking for a diagnosis, but I mean we can speak Yeah, your loss. Well, no. I'm going to chase him down. I'm Well, have you seen anything out of the ordinary or strange with him?
You know, sir, I I don't just accept it.
When he reports to me, I can tell he has a lot of it a lot of anxiety uh and he talks about the trauma that he's had in the past. And what's that trauma?
Uh that he lost three children.
And that he's suffering from grief and he told me he has been getting shots from uh Stone Top, but when I asked him to provide a verification, he wasn't able to.
>> That's never happened. Yeah, we Yeah, we were in I was interested in that, too.
No- nothing's ever surfaced like that.
But also remember, we've got a victim here who is without who lost money. He was stolen from essentially. And he's at zero.
I don't know. Wait on him to get around to paying. He's been on probation What for?
Going on a year. And he hadn't paid one cent penny to the poor community. Who got victimized.
Let me Let me call him in.
All right.
Do you have Raise your right hand. Do you solemnly swear or affirm any statements you make with him and his uh interrogation of you and is will be the truth, the whole truth and nothing but the truth, so help you God? Yes, sir.
Do you have any mental health diagnosis by any medical doctor. Yes, sir. Okay, and what Who's the doctor and what did they diagnose you with? Uh Dr. Rafique who works at MXM Rafique?
And he's at MXM Orthopedics and what Stand by.
I'm on warrant duty today is for some reason.
I think we got the person who's supposed to be doing it is unavailable.
Remind me 110. You said 150 over two of this but this call came in.
Okay. Thanks.
Go ahead with Blassingame. You You said that you've been diagnosed with a mental health disorder. What was it?
Schizophrenia and dissociative identity disorder.
What was the disorder? Schizophrenia and dissociative identity disorder. Um identity Schizophrenia and dissociative identity disorder.
She can't hear you. Um Schizophrenia and dissociative identity disorder.
Um Percy.
Percy. And were you actually getting the medication from who you spoke to at MXM Orthopedics or what? Yes, sir.
And what were you receiving? Um Invega Sustenna.
Um They're my dream notes.
The injection. Okay. So, when it comes to your reporting uh were you at a homeless shelter at that point? Yes, sir.
I got kicked out of Salvation Army because I told myself Okay. And did you have a car or transportation?
>> Yes, sir.
So, being poor and I use the word poor cuz if you're at Salvation Army well that means you're not renting a house, you don't own a house, right? Yes, sir. You didn't You don't have any property that be sold to get you a car or anything like that, right?
So, poverty was your main issue, right?
Yes, sir. And with being poor, it's hard for a poor person to be able to What are you saying? Aren't you at Salvation Army? Yes, sir. That's what he's saying.
Yeah. He's saying that you don't you don't No, no, I know. I'm on the board of directors there. Mhm. Yes, sir.
He's saying he's >> Well, he can't He's here in Salvation Army. For how long?
He can't So, go ahead. And he can't make it. He can't report or contact. Come on.
Salvation Army will help you.
We'll help him do that. Okay. Well, so he can't he Are you saying that you had to leave the Salvation Army? Why?
Yes, sir. My time is up. And when you say your time is up, what does that mean? They give you uh 3 months or 90 days and after those 3 months you have to leave the premises.
So, once you leave the Salvation Army, now you're back on the streets, homeless, right? Yes, sir. And living in the streets, homeless, were you living in a tent? Were you living under a bridge? Where were you?
In a tent. Uh and with you being in a tent, homeless, did that cause difficulty with your ability to report?
Yes, sir.
Uh Now, I don't know if you can just tell the judge about what time, month-wise, did your time with the Salvation Army run out? Um Um Um last of February. Okay. And that kind of explains because I think what she said is is that you started dropping off in February and March. Well, if your time runs out of the Salvation Army I'm just doing the math of this.
You're saying that your time ran out sometime around February. She's saying you started falling off February, March.
So, that would have been the time that you your time is up Salvation Army and you're homeless and you're living in a tent or wherever you living, right? This is and the the poverty of that situation not trying to justify but that make it extremely difficult for you to call, report or otherwise. You see what I mean? Peace out. All right. And then as far as your poverty is concerned, I think judge brought out when he mentioned that you had made zero payments, I think he said. I want you to respond to that.
Yes, sir.
>> [clears throat] >> Um Were you basically poor where you couldn't make any payments? Yes, sir. I was trying to get help getting an ID so I could get a job. Okay, and what happened? You just tell us I mean your own words, what happened? Um It was just It was like a merry-go-round with uh I need certain credentials to get the ID and uh It's It's hard. It was hard.
All right. So, what Mr. Laird initially was suggesting was about getting you some help with the MHLR.
And then another question was raised about you being deported and you would be not going to report to prison be the best thing.
Are you saying that if you get these services that the state can provide Which Which one of those Which one of those again? I think he was talking about the mental health uh services at the beginning Mr. Laird was mentioning about. Well, Mr. Laird said something about mental health services. Yes, sir.
Would you be willing to do those services that Mr. Laird initially talked about? Yes, sir. And and and to my understanding when you talked with your probation officer, she told you that she wants you to continue to be on probation, is that right? Yes, sir.
So, when you combine the two, if you get the services that you need, the mental health that you need, are you willing and able to try to get a job? Yes, sir.
And would you be then be [clears throat] willing to pay back whatever you owe on this $2,000 that judge mentioned, right?
Yes, sir. Yes, sir. So, at the end of the day, what are you asking just to give you a second chance? You feel comfortable with this man. This is no doubt about it.
>> No doubt.
Right?
And at the end of the day, uh being poor is tough. It's not easy being poor.
>> Yes, sir. Right? Yes, sir.
Anything else?
Yes, I was just asking that due to his poverty and his situation where he was living with the Salvation Army and that caught in the healing ran out in February and he's living on the streets.
Um no transportation, not money.
Uh he's willing to work the services that Mr. Lara initially talked about. Uh his PO, to my understanding, is not opposed to him being continued on supervision. I asked him that in front of everybody. Uh Can I ask you a few questions before you start arguing on this case?
Well, he was asking what I thought. I mean, he he asked me what I I'll just respond.
Huh? You're going to put your hand on this.
>> [laughter] >> So, I'm I'm I'm just responding. And and and and and with that, let me see if I judge. I'm just asking the court to ask him leniency and mercy on him considering his his poverty and considering that he was doing the best with the resources that he did have.
So, that was my answer to your question.
Okay.
You're invited to uh Mr. Booth.
Where was your town >> Okay.
Um right right down the street from Wiess Park.
Down from Wiess Park? So, it's in Beaumont?
>> Yes, sir. Yeah, so um where do you go to get food?
Some other place. You walk down to some other place. You're So, you're physically able to walk to go get food?
>> Yes, sir. Why weren't you physically able to walk a little bit farther down and go to probation department on the two times or four times that you didn't report?
Um I mean, being poor has a lot to do with a lot of things, but not walking is one of them.
Okay, and you hadn't listed any physical disabilities, have you, that keep you from walking there? Yes, sir. So So, you're not saying that you you didn't report cuz you couldn't report just cuz you weren't Salvation Army. You made a conscious choice not to report because of what?
What reason?
I said I was sick.
Okay.
I don't have any further questions, Judge. Anything else?
Anything else? No, sir. Okay.
All right. Now, what say say?
Judge, I'd He's just not reporting. He didn't report before, he didn't report again, and and there's nothing in his past that shows any mental history that we could have worked with a long time ago.
So, um 5 years prison, I think, would be fair.
I What would you like to say, sir?
Go ahead. This is your Anything? You give me an opportunity to tell us start over. I thought I did. I'm willing to I thought I did.
>> [clears throat] >> You pleaded guilty to fraudulent use or possession of identifying information.
And it just There There's more to all of that.
Uh your backpack when you were arrested Let's see.
You had twic cards, credit and debit cards, driver's license, health insurance cards of other people. Yes, sir. In total, 12 items of personal identifying information belonging to seven different victims who were that was recovered from the backpack.
And nothing ever was paid back for them. But the point is is that for you to be believed here you pleaded guilty to stealing from people, numerous people.
Your credibility is not going to matter.
Also, we have 5,000 people on probation.
And a lot of them are at Salvation Army and places and that they're financially a lot of them are impoverished and but they figure a way to report and this is the S the whole essence of supervision is reporting and you you didn't. You uh uh when they follow us, which is something I tell people if you can't do anything else, you got to report.
Because you're not being supervised.
uh If nothing further by anybody uh I'm going to find that there is sufficient evidence supporting this first amended motion to revoke unadjudicated probation to grant it by preponderance of the evidence or greater.
As allegation five is proven true that you failed to report to the Jefferson County Probation Office on or about February 10th, 2026, which is a violation of condition for your deferred or unadjudicated probation order.
And actually, the evidence shows that you failed to report a lot more than just that date, but at that period of time is when you pretty much walked off the job.
Thus, your deferred or unadjudicated probation is hereby revoked. Earlier in this case, you had pleaded guilty to [clears throat] the second-degree felony of fraudulent use or possession of identifying information. You would plead it guilty voluntarily, knowingly, intelligently. There was sufficient evidence supporting your guilty plea to find you guilty beyond a reasonable doubt.
When we placed you on deferred or deferred any finding of guilt. Now that your deferred or unadjudicated probation is revoked, I hereby find you guilty beyond a reasonable doubt of this underlying second degree felony.
And uh you were hereby uh sentenced to confinement in the Institutional Division of the Texas Department of Criminal Justice to serve a term of 4 years. You will be given credit for all time you have served, which looks like about 250 days for this sentence. Do you understand what has happened today, sir? Yes, sir.
All of these uh and also the uh judgment shall reflect restitution in the amount of $1,800 is owed to Marquita Randall, m a r q u e t a Randall, r a n d a l l as the victim complainant in this case.
Anything else? That is all. Is there anything else?
Is it ready for record?
Uh
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