She Thought She'd Walk Free — Then Judge Boyd Opened Police Report and Everything Changed

Added: 2026-06-02

[00:00:00]The last time you use may be the last time you use and then your children will definitely not have their mother in their life. Where have you been?

[00:00:10]>> Have I been? Um I've been in Be County.

[00:00:13]>> No, I mean you haven't been doing your probation. Why not? What's been going on?

[00:00:17]>> Welcome to the Court of Justice.

[00:00:21]is calling 2022 CR3998 state of Texas versus Jacqueline Wells.

[00:00:30]That part is announced for the record for the state >> court for the state of Texas >> defense.

[00:00:34]>> Joseph Stson for Miss Wells.

[00:00:36]>> And are you Miss Wells?

[00:00:38]>> All right. And Mr. Stson, uh, when were you appointed to represent Miss Wells?

[00:00:42]>> I was appointed today. I explained that to my client that she had 10 days for me to prepare for any hearing and we both agreed to wave that notice of appearance. Uh, sorry, wave the 10 days notice.

[00:00:53]>> All right. Uh, Miss Wells, do you wish to continue? All right. And you understand that your attorney does have 10 days to prepare?

[00:01:02]>> Yes, ma'am.

[00:01:03]>> Right. And knowing that, do you wish to continue with the motion to revoke?

[00:01:07]All right. You need to speak up. All right. And I'm showing you what's entitled uh motion to enter adjudication of guilt and revoke community supervision and first amendment motion to enter adjudication of guilt and revoke community supervision. Did you review that with your attorney? Did you understand it? Are you the same Jacqueline N. Wells who placed on deferred adjudication in 2022 CR3998 for the offense of possession of a controlled substance penalty group one less than one gram on July 7, 2022 for a period of two years. Is that you?

[00:01:39]>> Yes.

[00:01:40]>> All right. State >> violated condition number four in Bear County, Texas. The defendant Jacquellyn N. Wells to then and there failed to report to the supervision officer as directed for the months of November and December 2022 in violation of condition number four.

[00:01:54]>> How do you plead to that? True or not true?

[00:01:57]>> True.

[00:01:57]>> State waves all the violations.

[00:01:59]>> Any objections?

[00:02:00]>> None. Did you understand? By pleading true to violation of condition number four, the court could find it true, grant the motion, find you guilty, sentence you up to two years in the state jail facility, and up to $10,000 fine.

[00:02:13]Knowing that, do you still wish to plead true to violation of condition number two? I'm sorry, number four. Court will find violation of condition number four true. Is there an agreement?

[00:02:22]>> Yes, your honor. The agreement is uh for the motion to be granted in revocation and for 10 months in the stage facility.

[00:02:30]All right. Is that the agreement?

[00:02:34]>> It is, your honor. And we would ask that all her backtime credit apply. She has 139 days credit.

[00:02:41]>> Okay.

[00:02:42]>> And then state's also going to take into consideration NAG number 713316.

[00:02:52]>> All right. Uh, Miss Wells, are you asking the court to follow this agreement?

[00:02:56]>> Yes, ma'am.

[00:02:56]>> Are you waving your right to appeal?

[00:03:02]All right. I have a few questions for your client.

[00:03:05]>> Yes.

[00:03:05]>> Can you raise your right hand for me, please? Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth? So, help you God.

[00:03:12]>> All right. You can lower your hand.

[00:03:14]State your name for the record.

[00:03:15]>> Jacqueline Wells.

[00:03:16]>> All right. Miss Wells, where have you been?

[00:03:20]>> Have I been? Um, I've been in Bear County.

[00:03:22]>> No, I mean, you haven't been doing your probation. Why not? What's been going on? Um, I know last time that I came I was supposed to be going to SATIF.

[00:03:30]That's what you recommended. And whenever I was waiting for my treatment bed in gel bear county, I was unaware that um or I I just got released without any paperwork. So, I just I don't know.

[00:03:45]>> And so, you got released and you're Oh, happy day. I'm released and I'm just going to live my life.

[00:03:52]>> Honestly, I thought that I had just gotten time served or something. I what I didn't understand why I just got released, but I just I thought that I got I don't know. I just know it wasn't savage. So other than that, I just >> Okay. So, I want you to be honest with me, okay? Uh I'm looking at following this plea bargain agreement, but I want to know some things about you and then um depending on what you tell me, I will let you I will probably give you a choice. Okay.

[00:04:24]Uh, but the 10 months will definitely be one of those choices.

[00:04:29]So, do you have any children? Yes.

[00:04:31]>> And how old are they?

[00:04:33]>> One is 15 and the other one is nine.

[00:04:35]>> Right. And where are they?

[00:04:36]>> With the dads.

[00:04:37]>> Okay. And was child protective services involved? And what drugs have you been using since you were released?

[00:04:45]>> Since I was released, meth.

[00:04:47]>> Meth.

[00:04:48]>> Alcohol.

[00:04:49]>> Okay. Meth and alcohol.

[00:04:52]It appears to the court that you have a drug problem and you need to have that drug problem taken care of. Otherwise, you know what's going to end up happening? The last time you use, maybe the last time you use and then your children will definitely not have their mother in their life. You still have a chance. Maybe if you get yourself together, if you get clean and sober, you may still have a chance to be in their life, but you must be clean and sober. And the fact that you were released accidentally or whatever happened and you've been using, I appreciate your honesty telling me that you've been using. That tells me that you need help. So, if you would like, I can send you to the state jail facility for 10 months. What's going to end up happening is you're going to go to state jail facility for 10 months. You do your time. You count it off on the calendar and you are going to get back out and you will use again or I can continue you and I'll continue you and I'll have you placed in an inpatient treatment or either see if felony drug court would accept her or wants her.

[00:06:07]Have you ever been to felony drug court?

[00:06:10]>> Those are the choices I can give you.

[00:06:13]So, if you want to do your 10 months, I will follow that agreement. But you know yourself better than I do, better than your attorney does. But based upon your track record, when you get out of jail or state jail facility after counting your 10 months off, you're going to go use. You're going to go be with whomever you were with before who's using with you, and you may end up dying from that. You understand?

[00:06:39]So if you want a chance to be clean and sober, to be the person you were meant to be, not the person who's picking up criminal cases, not the person who's using, then I will give you that chance to do that. So what would you prefer?

[00:06:55]>> The chance.

[00:06:56]>> Okay. All right. So what we're going to do, uh, your honor, may I?

[00:07:02]>> Yes.

[00:07:04]So, I just want the court to um be aware that she wasn't actually let go erroneous or anything like that. Um >> she was disqualified from status.

[00:07:17]>> Okay.

[00:07:17]>> So, she had med medical >> um >> issues that prohibited her to actually go to status.

[00:07:25]>> Yes. So um in looking at the case the modifications were after SAT based on her previous NTR. Um this is her third MTR. So based on previous NTRs um that we've had modifications the last time was to do SAT and then after that a fel felony drug courts. So, um, if your honor would like, we can just move forward with the felony drug court withdrawal to see if we can get her the help issue.

[00:07:59]>> All right. We're going to, uh, then if both, uh, state and the defense are in agreement, I will deny the motion.

[00:08:08]Autumn conditions, you'll be referred to felony drug court. You're going to remain in custody and Mr. states and if you can contact felony drug court and let them know that she really needs the help and she wants the help but when they come and interview you, you must really let them know that you need the help because I know they're getting close to probably reaching um the number of persons they can have there. Do you understand?

[00:08:32]All right. So, what I'm going to do then >> and I apologize, ma'am.

[00:08:38]>> Yes. Yes. Um it does state that she um expires in July of 2024. So >> we'll extend her.

[00:08:49]>> Yes.

[00:08:50]>> So I'm going to extend you and I'm going to extend you for two years. But the nature of your case, it's not a case where if you complete everything that you can't be terminated early. And normally in felony drug court, if you complete everything and you complete their program, they will allow you to be terminated early.

[00:09:14]Terminated is not a bad thing on the criminal side. It's it's not like the um >> early discharge.

[00:09:20]>> Yes, it is not uh what's the name of the movie with honor Schwarzenegger?

[00:09:25]>> Terminator.

[00:09:25]>> Terminator. It's not the Terminator. So, you will not be terminated in that that way would be a good way. So, I'm finding violation of condition number four true. I'm going to extend her for 2 years and we'll do a referral to felony drug court and that's to take place while you are in custody. And if for any reason you get released, you know, you're not supposed to be released. So, if you are accidentally released or something is not right with the paperwork and they release you, you know what you need to do? Come straight to this court right away and say, "Judge, I've been released and I know I'm not supposed to be released." Do you understand?

[00:10:01]>> All right. So, this is your chance. You need to take it. All right.

[00:10:05]>> Is there anything else from either side?

[00:10:07]>> No, your honor.

[00:10:09]>> If she does not um qualify, tell me.

[00:10:15]>> Yes. Uh if she doesn't uh if she's not eligible, then bring her back here from the jail and we'll figure out what to do and we'll keep Mr. Stson if you could make sure that you follow through till she's accepted.

[00:10:28]>> Yes, your honor.

[00:10:29]>> All right. Thank you. Is there anything else?

[00:10:31]>> Nothing, your honor.

[00:10:32]>> All right. Thank you.

[00:10:33]>> Thank you, judge.

[00:10:34]>> You're welcome.

[00:10:36]>> All right. So, we'll be back tomorrow at 9:00 a.m. for a jury trial. The court is calling 2023 CR 3412B, State of Texas versus Mr. Sierra.

[00:10:49]>> Uh, how do you pronounce your first name?

[00:10:50]>> Eliza.

[00:10:51]>> Elizer. Uh, State of Texas versus Eliza Sierra. Could I have parties announce for the record for the state?

[00:10:57]>> Hank Was for the state >> defense. to for Mr. Sierra >> and are you Mr. Sierra?

[00:11:02]>> Yes ma'am.

[00:11:03]>> Council, have you received all the discovery and did you review it with your client?

[00:11:06]>> I have your honor.

[00:11:07]>> Court will find that the state is in compliance with discovery. Mr. Sier, I'm showing you what's entitled application for community supervision. Did you review that with your attorney? Did you understand it? And did you sign it?

[00:11:19]Showing you what's entitled true bill of indictment. Did you review that with your attorney? Did you understand it?

[00:11:23]Did you sign it?

[00:11:25]>> Council, do you weigh the reading of the indictment?

[00:11:27]>> We wave it. state. Are you proceeding on the indictment as presented?

[00:11:30]>> Yes, your honor.

[00:11:33]>> On both counts?

[00:11:34]>> Yes, sir. Well, I believe the first count has been delivered and the second count is just me possessions. So, we're proceeding for the judge.

[00:11:41]>> Now, mute us.

[00:11:44]All right. State, are you proceeding on count one waving count two?

[00:11:49]>> Yes, judge.

[00:11:50]>> Any objection?

[00:11:50]>> No objection.

[00:11:55]>> All right, Mr. Sier, I'm showing you what's entitled courts admonishments and defendants waiverss and affidavit of admonitions. Did you review that document with your attorney? Did you understand it? And did you sign it in all the appropriate places? Did you understand your charge of possession with intent to deliver controlled substance penalty group one for grams to 200 g? That's a firstdegree felony. The range of punishment is anywhere from 5 to 99 years or life in prison and up to $10,000 fine. Did you understand?

[00:12:22]>> Yes, ma'am. If you have a plea bargain agreement with the state, the court does not have to follow your plea. If for any reason the court doesn't follow your plea and gives you more than you bargain for, the fact that you entered a plea will not be used against you, and you will be allowed to withdraw your plea.

[00:12:36]Did you understand?

[00:12:36]>> Yes, ma'am.

[00:12:37]>> Did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call in the right to remain silent?

[00:12:46]>> Yes, ma'am.

[00:12:47]>> Did you understand by entering this plea bargain agreement, you were giving up those rights?

[00:12:51]>> Yes, ma'am. And did you intend to give up those rights and enter into a plea in this case?

[00:12:55]>> Yes.

[00:12:56]>> Council, has your client been able to provide you with any defenses?

[00:12:59]>> He has, right?

[00:13:00]>> Do you believe he has a rational as well as a factual understanding of the charges against him?

[00:13:04]>> Yes, sir.

[00:13:04]>> Do you believe he's currently competent and was legally sane at the time of the offense?

[00:13:08]>> I do.

[00:13:08]>> Mr. Sierra, has anyone threatened you, coerced you, or place you in fear to get you to enter this plea?

[00:13:13]>> No, ma'am.

[00:13:14]>> Has anyone promised you anything other than the plea?

[00:13:16]>> No, ma'am.

[00:13:17]>> Are you satisfied with the way you've been represented?

[00:13:19]>> Yes, ma'am.

[00:13:20]>> Are you a US citizen? Yes, ma'am.

[00:13:22]>> Court will find that the defendant has knowingly and voluntarily waved his right to jury trial. Showing you the plea bargain page. Did you review that with your attorney? Did you understand it?

[00:13:30]>> Yes, ma'am.

[00:13:31]>> According to the police, state is proceeding on count one. They're asking that your punishment be assessed at 8 years in the prison. There's a $500 fine. State recommends community supervision.

[00:13:42]There should be judgment satisfied entered in county court for cause number 699061.

[00:13:52]You are to agree to have the weapon destroyed and there's to be no possession of firearms while on community supervision.

[00:13:59]Did you understand that to be the police defense?

[00:14:01]>> Yes, sir.

[00:14:02]>> State?

[00:14:02]>> Yes, sir.

[00:14:03]>> Showing you the wave of appeal paragraph. Did you review that with your attorney? Did you understand it? Did you sign it in both places?

[00:14:09]>> Yes, ma'am.

[00:14:09]>> Did you understand by signing that you're waving your right to appeal the only items that can be appealed are written pre-trial motions that have been filed, heard, and ruled upon by the court? Did you understand?

[00:14:18]>> Yes, ma'am.

[00:14:19]>> Council, have there been any such motions? No, your honor.

[00:14:21]>> Next, I'm showing you outside the plea bargain agreement. The state is requesting that your community supervision be for a term of 8 years and there be a tap evaluation. Did you understand those were recommendations from the state and the court does not have to follow those recommendations?

[00:14:34]Yes, ma'am.

[00:14:34]>> Then to the offense as charged in count one, how do you plead? Guilty, not guilty or no contest?

[00:14:39]>> No contest.

[00:14:39]>> State any evidence?

[00:14:41]>> Your honor, I submit uh states exhibit one in the attachments.

[00:14:44]>> Any objections?

[00:14:44]>> No.

[00:14:45]>> All right. States, you may continue to confer.

[00:14:46]>> Thank you. showing you what's entitled wavering consent to stipulation of testimony and stipulations. Did you review that with your attorney? Did you understand it? Did you sign it in all the appropriate places?

[00:14:56]>> Again, did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call and the right to remain silent?

[00:15:04]>> Yes, ma'am.

[00:15:05]>> Did you understand that today the state will be presenting evidence in the form of witnesses statements and police reports, but most importantly, there will be no live testimony? Did you understand?

[00:15:14]>> Yes, ma'am. Court will find that defendant has knowingly and voluntarily waved and consented to stipulation of testimony and stipulations. Court will accept into evidence states exhibits one and attachments and review the same.

[00:15:52]After being states exhibits one in attachments, the court will find there sufficient evidence to find you guilty and the court will find you guilty. Are you proceeding with sentencing?

[00:15:59]>> Yes, your honor.

[00:16:00]>> Anything you wish to say on behalf of your client?

[00:16:02]>> Uh, no, your honor. if he is going to work once out there. He says that he um is looking to get this all behind him.

[00:16:11]Um he is asking for intensive outpatient treatment if possible because he works so many hours. I know that the tap will show that up, your honor. I just wanted to add that.

[00:16:22]>> All right.

[00:16:24]So, what do you do other than have cocaine and meth framing? I do framing and construction cleaning.

[00:16:32]>> And I have a I have a business uh a clothing business that I'm trying to get off the ground.

[00:16:39]>> Mhm.

[00:16:39]>> And uh >> And you're just doing drugs on the side part time?

[00:16:43]>> No, just being foolish, your honor.

[00:16:45]>> How old are you?

[00:16:46]>> I'm 31.

[00:16:48]>> I mean, how many years are we going to take this foolishness with us?

[00:16:52]>> That's and and and everything happens for a reason. and being here incarcerated, you know, I never really read a Bible and stuff like that. And I I I found I found that I found that light in me and now, you know, and I wake up more happier and everything now, you know, I'm ready to just take my life, you know, serious.

[00:17:17]>> Yeah. What's your favorite verse in the Bible?

[00:17:19]>> The Lord is my shepherd.

[00:17:21]>> Oh, okay.

[00:17:24]Yeah. What verse is that?

[00:17:26]>> It's Matthew.

[00:17:28]>> What verse is that?

[00:17:29]>> Psalms 23.

[00:17:31]>> Okay.

[00:17:33]>> I'm sorry.

[00:17:33]>> No, no problem.

[00:17:34]>> This is my first time like really getting into it, you know.

[00:17:37]>> Oh, no, no, no. I'm happy. Sometimes, you know, people will always say that people find Jesus at the jail.

[00:17:43]>> Sometimes they do. Sometimes they pretend like they're doing. But I'm always interested. For me, whatever helps people get through this journey we call life.

[00:17:55]>> Yes, >> that's a good thing.

[00:17:56]>> I got three daughters and and >> Oh, what are their ages?

[00:17:59]>> Six, seven, and eight.

[00:18:02]>> And who do they live with?

[00:18:03]>> Both me and my um my girlfriend.

[00:18:08]>> And who is your girlfriend?

[00:18:11]>> What you What were you doing with um Samantha then?

[00:18:15]>> That's my cousin.

[00:18:18]So you and Samantha Servin were out with drugs.

[00:18:24]I'm >> sorry. What?

[00:18:25]>> I was in >> What? What is he saying?

[00:18:29]>> He's saying that he was not present with anybody at the time of the arrest.

[00:18:34]>> No, you were in the vehicle. What is he talking about?

[00:18:38]>> That is his cousin that is mentioned in the >> All right. Is something wrong with him?

[00:18:43]>> No, your honor. I believe that um that's the only aspect that he sort of maintained was not accurate uh on the on the report, but he says everything else is accurate.

[00:18:54]>> So you were not in the vehicle?

[00:18:56]>> I was in the vehicle, but there's nobody with me.

[00:19:00]>> Oh, so you're saying Samantha wasn't in the car with you?

[00:19:02]>> I was going in the car.

[00:19:05]>> No, they have S1 and S2.

[00:19:10]Your honor, >> it says, "Based on my observations during my surveillance of the listed location and results of the traffic stop, we were able to detain S2, who was the subject of our investigations.

[00:19:25]We encountered S2 small children occupying several bedrooms of the home."

[00:19:30]Okay. Uh >> I was just drunk, I guess. I just >> No problem. I understand. I'm going to need a PSI report on this.

[00:19:42]>> Miss Ferguson, when can we come back? I need a tap evaluation.

[00:19:49]>> And I know that's a little under to ask, but uh would the defendant be eligible for a bond under the circumstances that he's already declared?

[00:19:57]>> No, we'll we'll uh see about a tap evaluation and maybe we can get the tap evaluation done quickly. Does it will it take long to have a tap evaluation?

[00:20:12]Okay. Oh, thank you. So, Miss Fergus, can we recall this back in two weeks?

[00:20:18]>> Yes, ma'am.

[00:20:19]>> And I'm just asking for a tap evaluation so I can get an idea of what's going on.

[00:20:23]Sure.

[00:20:24]>> You can have them come back on July 17th.

[00:20:28]>> All right. So, we're going to be back on July 17th. Mr. Sierra, you need to be very honest with what you tell them in the tap evaluation because there's something going on here I'm not able to figure out because I don't have enough information yet. So, make sure you're honest with them. Okay.

[00:20:43]>> Yes, ma'am.

[00:20:44]>> All right. Thank you.

[00:20:44]>> Thank you.

[00:20:45]>> Thank you.

[00:20:46]>> Judge Stephanie Boyd had the signed plea agreement in her hand. 10 months in a state jail facility. The deal was done, but instead of banging her gavl, Boyd stopped everything. She looked past the prosecutor and directly at Jacqueline Wells, a mother of two who had just admitted to using meth and alcohol the moment she was accidentally released from custody. "You know yourself better than I do," Boyd said, her voice shifting from judge to interventionist.

[00:21:13]"If I send you for 10 months, you're going to count off the days. Get out and you will use again. You will die." In a stunning legal reversal, the judge destroyed the plea agreement to save the woman standing before her. Boyd revealed that this was Wells third motion to revoke MTR. Instead of prison, Boyd extended Wells probation for 2 years and ordered an immediate referral to felony drug court, but Wells must remain in custody until accepted. "This is your chance," Boyd warned. "If you get released by accident again, you come straight back to this courtroom. Do you understand?" Boyd didn't just revoke probation. She ripped up a jail sentence and offered a lifeline. The question is, after years of addiction and broken promises, will Jacqueline Wells take it before the court runs out of patience for