Judge Calls Defendant a “Master Bullshitter” After 5 Violations!

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[00:00:04]Mr. Malki.

[00:00:05]Yes, Your Honor. As to sentencing at this time, again, after conferencing with my client, he's well aware of the fact that he is looking at at prison.

[00:00:15]Um, he would like the opportunity, however, to continue his community control. Um, he mentioned uh IOP at Lake Geauga as an option that he would like like to try to do. He does have a uh child on the way, I believe within the next 14 days. He'd like to be there and support his child. He indicated to me that he would have gainful employment uh doing engineering work with his uh father um information management uh company.

[00:00:48]Um, he has partially completed several college degrees. Unfortunately, his addiction continues to to rule his life and get in his way, and he'd like to do something about that. And again, Well, no, he no, I know he wouldn't.

[00:01:01]Well, he has. It's the fifth time we're here on a violation. He hasn't done anything about it.

[00:01:06]He's been afforded a whole bunch of opportunities, and he's refused to do anything about it. So, he doesn't want to do anything about it. He said as much he doesn't want to do. He likes cocaine.

[00:01:17]He likes drinking, and he likes cocaine.

[00:01:20]And apparently, he likes that more than being out in the world working or anything else.

[00:01:27]What You know, one thing that might be different this time that might change his perspective completely on this is the expectation of a newborn of a newborn child. Sometimes being a parent, that does change somebody's perspective.

[00:01:40]They have another person now that they have to care for, and the self-centeredness that they have can sometimes uh for lack of a better word, uh evaporate as they put their focus and energy into their children. So, that might be something that has changed for him, Your Honor.

[00:01:55]Other than that, I don't have anything else for the court. I do ask that if the court does impose prison time, it imposes a reasonable amount of prison time taking into account the amount of credit that he already has. Well, what's what's a reasonable amount in your eyes?

[00:02:10]Well, uh probably no more than 9 months, judge, of prison time for for this case. I think that would give him an opportunity to >> He's already got credit for 369 days.

[00:02:22]He's already done a year of time. What a What a waste of time.

[00:02:27]So, why would I give him 9 months and he would be leaving today? There's Where's the penalty? Well, I mean, is it The penalty is not the the time that he's already served on the initial failure to comply charge and the OVI charge. I mean, I I would defer to the court on any additional time. And certainly, if the court wants to inquire my client, the court may may do so. Um I don't know if Mr. Grabowski wants to address the court about about any of this, but I've certainly apprised him of his ability to do so as the law allows. So, we Other than that, I again, I would just ask for it The court is imposing additional prison time um that uh uh that it just be not to be overwhelming for the time that he has already served on his failure to comply, judge. Thank you. Do you want to say anything?

[00:03:15]Uh yes, Your Honor.

[00:03:17]Uh no, I've made a mistake again and I've been an arrogant hothead and a jackass for lack of a better word while I've been on probation.

[00:03:25]And I know I've said things I shouldn't have.

[00:03:29]Said Said what you shouldn't have? Uh disrespectful things towards you when I first started probation, Your Honor.

[00:03:34]>> about that. That phases me not one bit.

[00:03:36]Okay? If that If that phased me, okay, then I would have sent you to prison on the first violation, okay? I don't give a [ __ ] about that. Okay. Well, I know I did that about the probation officer.

[00:03:47]>> here's what I give a [ __ ] about, okay?

[00:03:49]You You committed this offense by driving through this window, caused Correct. damage and left. Okay.

[00:03:57]And and so so from from going forward from there the the Yes. plan was to try to get you to stop being such a pain in the ass to society. Okay.

[00:04:13]By trying to get you and and I know I know your dad doesn't believe a word of this. Okay. But anyway So to to try to What has the cocaine done for you? Nothing. It's got in my way.

[00:04:26]>> Okay. But you continue to say you like cocaine so you're going to do cocaine.

[00:04:30]>> like it anymore. I just You don't like what?

[00:04:33]>> Falling in bad habits. Okay. And it's >> Yeah, but you don't want to change that habit. You you would as much as said so time and time again >> I waste my time doing all these things?

[00:04:42]>> I don't know why. That's the question.

[00:04:44]That's the frustration with you. If I was going to keep using, wouldn't I have been using the entire time I've been on probation and not have had all these years of sobriety?

[00:04:51]So then why do you use it?

[00:04:54]When I get stressed out and overwhelmed and everything else, I I go out to the bar with all the weekend once a couple of friends and I fall back in the bad habits like a complete fool cuz I know damn well I shouldn't be doing it.

[00:05:03]You're absolutely right. I've wasted your time, my time, everyone else in this room's time.

[00:05:06]>> You haven't wasted my time. I'm here anyway.

[00:05:09]If it's not you, it's it's Flora Moore coming up in 10 minutes. It doesn't matter.

[00:05:15]Yeah, none of this affects me. All right. That's okay. Okay.

[00:05:20]Ugh. You you you and and and to a great extent your father are under the the uh impression that I don't like you.

[00:05:30]I I I don't even know you. Okay. I don't like you or dislike you. It doesn't matter to me.

[00:05:35]Okay.

[00:05:36]You're How old are you now? 23? 26 I was 22 when this started. Completely different person. Okay. 26.

[00:05:45]Foolish kid when this started.

[00:05:47]Growing into a mad at the a now.

[00:05:49]>> you're 26, you're smart.

[00:05:52]Okay, you have the ability to work.

[00:05:54]And and for for for whatever reason you just piss it away because you want to, because you want to you want to party with your buddies. No.

[00:06:04]And when you party with your buddies you end up in jail.

[00:06:08]That's correct.

[00:06:09]>> Now you don't think you should be in jail and your dad doesn't think you should be in jail cuz it's just drinking and cocaine. What's the big deal? You're not harming anybody. You're not a criminal.

[00:06:20]And it's just it's just a little cocaine. You're just blowing off some steam.

[00:06:24]Okay.

[00:06:27]But but it is a crime. It is. Okay, you've you've marked yourself as a criminal.

[00:06:33]Unfortunately.

[00:06:35]And and the the question is whether you ever want to change that. I do. Well, you you you haven't demonstrated that you want to change that.

[00:06:42]>> out of this town and out of this area that's state, if not the whole state.

[00:06:46]I want nothing to do with this area.

[00:06:49]I don't want to be here.

[00:06:51]Why not? I've lived all over this country, your honor. I don't like the people here. I don't like the way things are done. I think it's a skid mark, honestly. A what?

[00:07:00]>> A skid mark.

[00:07:02]But I mean, the individual I purchased cocaine from has uh been on probation and then he violated by getting caught selling cocaine and has gotten a bond out twice since I've been in jail.

[00:07:15]So why are we letting the guys who are selling stuff keep walking free while I'm getting stuck because he's left on the streets and he's out?

[00:07:21]>> This is exactly the the symptom >> Not excusing my behavior. I don't understand it.

[00:07:26]>> behavior by bringing that up. Well, I don't understand it. It doesn't make sense. Aren't we trying to keep drugs off the street, but we're going to keep letting them out on bonds, but I got to sit here?

[00:07:36]Why are [clears throat] you Why are you sitting here? Because I made a mistake.

[00:07:39]Because I'm a I'm a fool. I have I've just Yeah. I made a fish for a decision, error in judgment.

[00:07:44]>> What What When were you here last time?

[00:07:47]March?

[00:07:49]>> I don't recall.

[00:07:51]Why do you think you sat until May 21st?

[00:07:53]Any idea?

[00:07:55]That was the dinner report or didn't show up. Right. So, why 71 days?

[00:08:02]Do you have any idea?

[00:08:04]No.

[00:08:05]Because the time you disappeared is equal to the time it took to come back here. What I just said, yeah. The time I wasn't here for report of Yeah.

[00:08:13]But figured as much why you have me sit here.

[00:08:17]You're like the king of grievance, you know that?

[00:08:20]You don't You don't like the fact that you're in jail for using cocaine.

[00:08:25]You don't like the fact that other people have come and gone while you've been there because they're doing worse things than you in your estimation.

[00:08:35]And so, that's where your mindset is.

[00:08:37]I do believe your system's of felonies is something like a felony, it's felony one and two, it's felony three, that would indicate that some are worse than others, but I understand your point.

[00:08:48]>> only cocaine, so what the hell's the difference? I mean, that guy sold it to you, he was just giving you what you wanted. What's the big deal? There's no no victim there, right?

[00:08:57]Isn't that Isn't that kind of where you How you see things? No, there's definitely victims. Not just myself and the room room I live in, but I'm affecting my families and my girlfriend and my future sons cuz I'm not going to be I understand the implications of my uh screw up. I do.

[00:09:18]So, how do you profess to ever get beyond using cocaine?

[00:09:25]You got to ask for help. Stop being arrogant, boneheaded, thinking I can get away with it.

[00:09:33]Or that it's just cocaine like you said.

[00:09:34]It's not It's obviously much more than that. I mean, it's the prime one to have and two, there's like you said much more important things in my life than just doing them.

[00:09:45]Blowing off some steam. All right.

[00:09:47]So, if you state if you tell as you tell me you stayed sober for period of time, periods of time, right?

[00:09:53]>> Right.

[00:09:53]And then used again.

[00:09:56]Okay.

[00:09:57]So, if you go if I let you back out there, how are you going to avoid using again?

[00:10:05]Um, ask one for her help. I'm going to do the uh therapy that I was supposed to do the first time I violated. And then I would like to start doing five AA meetings a week and just work on more of my sponsor and like uh my attorney multiple said I would like to try and do IOP or some form like that. Go back to JTP again or not JTP, um like Yucaipa. And then I know Cindy has mentioned uh attending Craig Berry's decision points class on Monday as well. Okay. So, so this is your fifth violation.

[00:10:36]Correct.

[00:10:37]I should have learned by now.

[00:10:38]So, do you think there's guys sitting over in the jail who maybe I sent to prison yesterday thinking, "Why am I going to prison? I only had two violations. This guy's had five." I'm sure. Yeah. So, how's that fair It's not. to everybody else?

[00:10:54]>> It's case-by-case basis. I mean, I've seen >> There you go. It is a case-by-case basis. Yeah.

[00:11:00]So, you're you're the last thing you should be concerned about is what somebody else who's on probation the last thing you should be concerned about is whether they're still in or they're out, what they did or what they didn't do.

[00:11:15]Yes. Cuz believe it or not, you don't know everything.

[00:11:18]No, I don't. Okay. And I don't know everything.

[00:11:21]No. And your dad doesn't know everything. No.

[00:11:26]It seems rather stupid to me that that you would end up in prison.

[00:11:35]It seems Yeah.

[00:11:39]So, and your attitude is your attitude seems to be I just want to get this over with.

[00:11:46]So, I can get on with things and get the hell out of town.

[00:11:50]Well, there's cocaine out of town. I think there is. You're not wrong. It's It's everywhere. It's not like I'm not going to run into it some point else in my life or some other town anything like that. No, I just It's more I just want to get away from the people that I'm involved with or, you know, I see out in public. I just Even if I just move a couple towns over, I Being away from Willoughby and the temptation Change your environment. I think it would help me.

[00:12:19]But, again, I still have to make the effort not to choose to do drugs or drink. So, you know, there's that, too. I'm just as much to blame or I am am to blame for all my violations. Can you imagine uh anybody else?

[00:12:38]So, you've got I could I could send you right now for 36 months. That is correct.

[00:12:44]>> Which means 2 more years. That's correct.

[00:12:47]>> [clears throat] >> So, what what Tell me why I shouldn't do that. Uh I I got no excuse. What what what evidence have you given me that that's not a good idea?

[00:13:03]Uh I maintained employment the entire time that I'm on probation.

[00:13:06]Uh I have gotten a sponsor. I worked the steps.

[00:13:09]Uh I completed NeoCap.

[00:13:13]I've only gotten uh promotions promotions in my career fields.

[00:13:18]Uh you know, I have a I have a new one on the way.

[00:13:25]>> [snorts] >> No.

[00:13:34]I don't believe your tears. I believe your mother's tears.

[00:13:37]I don't believe yours cuz you're a master bullshitter.

[00:13:40]You really are.

[00:13:42]Sometimes I just Well, you mean that's kind of what you've done. I don't want to miss my son's birth. Yeah, well.

[00:13:48]>> [snorts] >> But it's something I'm going to have to live with, unfortunately.

[00:13:56]>> [snorts] >> I made my choice.

[00:14:01]I screwed up. And it was over my head.

[00:14:04]I'm not ready >> So so what when you were over at probation on January 5th, why why did you walk out the door? Cuz I had a drink the night before dinner and I didn't want to get arrested and then just stupid decision, but all I could think about was my kid.

[00:14:21]I'm being a father wanting to keep providing. I didn't want to just the chance of missing his birthday.

[00:14:27]You know, obviously if I just didn't drink, I wouldn't have had that issue. But but I took the chance.

[00:14:35]Stupid.

[00:14:36]I know.

[00:14:37]If I just turned myself in, then maybe I could have already been closer to getting home, but yeah, I panicked.

[00:14:46]>> [snorts] >> Panicked.

[00:14:52]Okay, so then you didn't show up >> [snorts] >> when you were told to show up. Correct.

[00:14:57]So why did you continue to stay away?

[00:14:59]Just so I could keep working, keep saving money.

[00:15:02]Hopefully I could be there for his birth and >> [clears throat] >> have some better things set up for him and then eventually turn myself in and get this over with and see what happens.

[00:15:11]>> Well, how did how did you end up turning yourself in?

[00:15:14]I I didn't, obviously. I was picked up by uh probation.

[00:15:18]>> you picked up? My house.

[00:15:21]It's not like I was hiding.

[00:15:24]I was just trying to last as long as I could and keep saving my money. So, my son would be taken care of.

[00:15:32]So, what what's the uh your son's mother's name?

[00:15:36]>> Uh Caitlin Pepperly. Caitlin? Caitlin, yes.

[00:15:39]>> Caitlin? Yes, sir.

[00:15:40]>> So, what's Caitlin doing nowadays? Uh I believe she is at home wrestling issues. 38 weeks pregnant and car stamina issues, so she wasn't able to make it. And she has been able to drive cuz her epilepsy's been acting up, so she's had to have more seizures. So, it's not safe for her to operate a vehicle.

[00:15:58]So, you kind of stuck her with all the responsibility.

[00:16:02]>> Unfortunately, yes. It's not something that she deserves.

[00:16:06]How do you get along with her? Huh?

[00:16:09]Quite well. I mean, we hang out 24 hours a day almost every day.

[00:16:14]She's my best friend. I love her.

[00:16:17]Do you love her more than cocaine?

[00:16:18]Absolutely.

[00:16:21]I love my son more than anyone, too.

[00:16:24]Uh yeah.

[00:16:28]There you go.

[00:16:32]I don't love cocaine. I don't want it anymore part of my life.

[00:16:36]Just I don't care for it.

[00:16:38]It's just a bad habit that follows drinking. And I need to quit drinking, too.

[00:16:42]>> [snorts] >> All I want to do is change my life. Keep growing.

[00:16:47]Been doing that. Climbing like ranks at uh work and you know, starting a family now. I just need to kick the rest of this stupid behavior and change my attitude and my thinking just a little bit more.

[00:17:02]>> [snorts] >> Well, why didn't you do the decision points back in uh December of '23?

[00:17:11]December of '23?

[00:17:15]I did I do it or I didn't do it? I don't know. I ordered you to do it.

[00:17:19]>> Did you? I don't know. Did he do it?

[00:17:21]He did it. Yeah.

[00:17:23]Were you paying attention?

[00:17:25]I think they included it in with one of my classes at Neo Cap City.

[00:17:29]>> separate It's a whole separate thing.

[00:17:30]>> Separate? Oh, okay.

[00:17:32]Oh. So, he went to all those things and completed them? Yes, I completed it all while I was in jail.

[00:17:37]Okay.

[00:17:39]It's been some time. With JTP. Oh. What is the name?

[00:17:42]That's what it was. Okay.

[00:17:45]Kind of meshed together there. It's a It's been a couple years.

[00:17:50]Should you get a license?

[00:17:52]Working on getting it. Finally not suspended after 4 years. It's one of my first priorities when I get home is to go pay those fines and take the test again since my other license is officially expired. So, hopefully get it back in the next 60 days if I'm fortunate enough to be released anytime soon.

[00:18:12]Greatly helped me with lots of things in life.

[00:18:17]Okay.

[00:18:20]I'm going to keep you on community control.

[00:18:25]71 days credit for 71.

[00:18:29]You're going to go to Lake Geauga.

[00:18:30]You're going to do an IOP and follow all the recommendations. Five AAs a week and get a sponsor.

[00:18:36]You're going to redo the decision points program. Get full employment, get a valid license, and pay the costs and fees.

[00:18:43]Now, I don't have the slightest expectation that you're going to comply with this stuff because that's what you've done in the past. Okay?

[00:18:52]But and I don't I I discount everything you just told me cuz I don't believe it because you've lied to me in the past. That's fair. But so what? Doesn't matter.

[00:19:06]You're either going to do this or you're not going to do this. Okay?

[00:19:10]Now you're also Okay. going to be subject cuz cuz believe it or not, we know how this cocaine [ __ ] works, okay?

[00:19:22]So, you're you're going to be called in.

[00:19:25]And when you are called in to show up for a test, you're going to show up within 4 hours when you're called in.

[00:19:30]And if your phone is off, and you don't I don't want to hear your complaint that you didn't get the message cuz I don't give a [ __ ] You're going to show up 4 hours from being notified, or else you're going to be in violation.

[00:19:44]Okay?

[00:19:47]So, and if you don't like it, that's that's too bad.

[00:19:52]Okay? Cuz you put yourself in that position, so Absolutely. Now, you go do whatever you want.

[00:20:03]And you know, and and think think of the guys over here that are going to be bitching that you got another chance.

[00:20:10]Okay?

[00:20:12]Put a Put a Put a [clears throat] lot of weight on what they think. Okay?

[00:20:16]And then, you know, feel free to to say whatever you want to say about me. I don't give a [ __ ] All right.

[00:20:28]You could do that, too, you know.

[00:20:31]I'm sorry.