This video compilation demonstrates how judges exercise discretion in criminal sentencing across a wide range of cases, from minor offenses like shoplifting to serious felonies involving prior convictions and dangerous behavior. The content illustrates that judicial decisions consider multiple factors including the defendant's criminal history, personal circumstances, remorse, rehabilitation efforts, and the specific nature of the offense. Judges balance accountability with mercy, sometimes imposing harsh sentences for repeat offenders while offering rehabilitation opportunities for those showing genuine commitment to change. The video showcases various approaches including drug monitoring programs, probation conditions, and creative sentencing alternatives like poetry assignments, highlighting the complexity of modern criminal justice systems.
The Honest Shoplifter, The Turf War Poet, and a Wasted Chance in CourtAdded:
It is May 9th of 2026 and this is the court gallery.
Today we start with Judge Stevens who's completely out of patience for a defendant who can't seem to follow the simplest rule. Wear that drug patch, kid. Later, a woman charged with theft makes a shocking request to Judge Wiggins. She'd rather just go straight to jail than even attempt probation. And her reasoning leaves the judge speechless.
And we end with a man who after causing a death and earning a lifetime driving ban is back in court for driving yet again. And Jojo Donald is not interested in hearing his excuses. And that's just a taste of what's coming up, ladies and gentlemen. And it all starts right now.
It's David Rogers.
>> Yes, sir.
>> All right. Is someone here from >> Johnny sent the court?
I know. I wish nobody had come in person because we just have writing and then everybody else is live and they can explain. The writing doesn't explain itself.
>> He came in again today without a patch on.
>> Yeah. My understanding is he doesn't have one on today either.
>> Is that right?
>> Yes.
>> They had they had off yesterday when I was in >> I'm sorry.
Sit over there. They specifically stated they've never even had a chance to test a patch.
>> I know, but I'm about to I'm about to revoke his bond and put him in jail, but not just on people who he due process is he gets you're representing him. Yeah.
You get a chance to question and that's not happening because nobody shows up and it just we just can't do it on a one-sided statement in writing. We have it has to get tested by cross-examination and things like that.
But no, I'm I'm sorry. Everybody else has to follow the rules.
>> I'm picking up this file from somebody else. Hey, slow judge and I'll be glad to >> Yeah, we we're going to have it takes a hearing, but it's his word against whoever's saying this and then this just writing and and hearsay is is an objection that would be raised and I just we just can't make it up out of the rest back here.
>> But anyway, we're going to get somebody over here right now and deal with one step at a time if you know what I mean.
>> Yes, sir.
stand depending upon where it goes.
>> He's here, your honor.
>> I think Mr. M has taken over a quarter point.
>> Is that correct?
>> Yes. Yes.
>> And I'm not ready.
>> Where is the defendant?
>> Come forward for sure.
>> I'm sorry. David Rogers. Where is he?
Stand up.
>> Come on up.
>> Does he speak English?
>> Yes, you are.
>> Okay. He's just having trouble communicating.
>> You're David Lee Rogers?
>> Yes, sir.
>> You were charged here with a seconddegree felony of aggravated assault with a deadly weapon. And if convicted, you face up to 20 years in prison. So, this is the most serious allegation here.
G Pierce have picked up at least two different misdemeanors while he's been involved on this.
>> Who is Charla?
>> My wife.
>> Okay. Do you know you cannot have any contact with her even though you're married?
>> You haven't?
>> No, sir.
>> Okay. If we found out, your bond would be revoked and you would sit in jail until this thing came to trial, which could be a while.
>> Back on January 8th of 2025, he made admissions that he was around her when the court went through extensive explanations about the violations and then ordered that he have a GPS.
>> And that's what you have?
>> Yes, sir.
>> GPS advice.
>> Yes.
>> So, um, what else? you you had said something the state >> your honor since he's gotten this bond uh looking over this file coming down he's paid uh three additional misdemeanor since his bond was uh was set >> okay I don't know I don't know anything about that um >> I'm showing all the Mr. M represents him on the DWI for April 26, 24 and unlawfully carrying a weapon. And I inform Mr. Min that he has an additional charge coming from February 22nd of this year for assault causing bodily injury.
>> On whom?
>> U since it's deferred, I don't have the victim's name on that.
>> I think it would be important to know.
>> Yes, sir. I agree. It >> could be somebody we know in this case.
>> Yes, sir. I agree.
But I don't have that >> on my watch. You're going to pick up all these arrests on my watch.
First bond condition. Don't commit a crime. That starts that's the very first thing, sir, because it's the most important. And you're going to run up arrests.
When did all this occur?
>> The uh the latest was February 22nd of this year. Judge, >> can I get uh a charging instrument? Uh a copy of a charging instrument.
>> That that's what was deferred. I don't have that information, judge. I don't have anything.
>> When was it deferred placed on When was he placed on deferred?
>> It was sent back for us to get proper.
It was It was a >> He's not on deferred adjudication.
>> It was a deferral from our office.
>> Yeah. You got to be clear.
>> The listed name >> we use it in different ways.
>> Sorry, judge.
>> That's okay. The listed name is uh Deari spelled D M A U R I Fisher.
>> And what's the charge again?
>> That's misdemeanor. I say misdemeanor assault.
>> What What's the Can I get a probable cause? Uh by any chance?
>> If I had it, I'd give it to you.
>> What's next on him? He's got three. I don't >> out the information on the two misdemeanors.
Those arise those two arise out of the same date which is April 26, 2024.
That is the offense of DWI as and was unlawful carrying a weapon. Is he >> is also when out of when?
>> What day?
>> Two charges same date. April 26th, 2024.
>> Okay. That was before he was indicted in this and before he committed the July 5th.
>> You're right, Judge.
>> That's standing corrected.
>> Thank you.
>> What? But you said there was a third one.
>> That was the one that's been deferred by our office for additional information.
>> Okay.
>> Seem to make a big deal about this.
>> Yes, sir. Assaults are just means you you're charged with aggravated assault. The problem is you picked up these two assaults DWI on April 26th and then an assault.
No, it's a unlawfully carrying a weapon while intoxicating.
And those were handed out on those were filed on February 25th, but they were alleged to have been committed. And I guess you were arrested on April 26 of 2024.
And three two and a uh a little over two months later, you're charged with this aggravated assault.
Um, can I have is this a copy for me or is it right? She didn't. What bothers me is handguns are your favorite thing to these charges. The misuse of handguns is seems to be something that you make mistakes over.
Okay.
What's happened since July 5th of 2024?
Any other charges? Yes, according to the >> This is the one that I'm need to do some followup from this year, judge.
>> And what data do you have uh that you can tell me now about it?
>> I've been looking at there's nothing in there, judge, that I can share with your honor.
>> Anyway, >> I apologize. I thought seeing the 25 date. I thought it was after the date.
>> That's okay.
>> Not a problem with um >> there's We're smelling smoke here. We're looking for the fire.
>> Yes, sir.
>> There's too much smoke.
>> And you've done something that you don't want. You've got my attention.
Close attention.
>> Okay. We reset this for about two weeks.
I believe I can >> have followup on the other and we can consider the bond at that time.
>> Well, it's and what I'm more interested in is what are we going to do in this uh case?
>> So, this case has been um kind of been a stall process. while he was uh trying to get into veterans court. He was declined and you made an order uh that if he was if that occurred, he had to hire an attorney. He's apparently done that and um it was on a trial docket in March, but we've not had an opportunity to visit with Mr. Min about the case.
>> When when's the next When's the next setting? But it when it was in March, you said was the trial >> March was the last setting on the trial docket.
>> All right. Well, why isn't it just rolling over to the next setting?
>> We can do that, Chuck.
>> That's what we're going to do.
I want this thing tried as soon as we can. It's now getting it's headed toward two years and he's got other issues, you know.
that um that's does he have any prior convictions looking at the see public safety will shows nothing That's a stretch.
All right. Put this on the tri.
>> I'll be in touch with Mr. Ham. I'll keep it.
>> Um, and is somebody coming?
>> Yeah. Just I want to check him before he leaves. How we doing on probation? We got to go into a trial.
>> What's he What's he want?
>> No. No. They're going to be right here, sir. We're going to do a test on you >> to make and we'll see what you got.
That's what everybody when everybody knows the word's out. When they know they're about to get a test, all of a sudden they got to urinate. And that's how they got >> that takes away the evidence. You know, if you have to jog in place or something >> on Tristan Smings.
>> Yes. Out of state.
What? What can you just summarize?
>> Uh, actually Parish sent us a out of state subpoena.
>> It's been handed over by investigators.
They're still kind of certainly on. If we could reset this for like a couple of days, I think they'll wave the subpoena.
We just got >> What do you uh What do you suggest? Uh what do you want me to do today right now?
>> Uh just reset this till um let's do Thursday. I'll see if I can get my investigator serving them by the end.
>> The day after tomorrow.
>> Yes, sir.
>> Okay. Today is 5th. That would be the 7th.
>> Yes, sir. Because they need they need to have these people subpoenaed or at least in contact with >> in the matter of the state of Louisiana versus Trenton Edward Simeon. Uh the state has requested that this uh matter of ordering summons to testify in outofstate criminal proceedings be held uh over for two days and that shall be done be set on on Thursday.
We are waiting some drug tests and then we'll get to this trial saying hey Hey, hey, hey.
Hey, hey, hey.
Okay. So, let me say >> so again the orders >> mean merch or Merches in 25 CR428 Isaiah Merchesen. Mr. Merchesen tested positive for drugs. His bond of $50,000 is your body is now $100,000 and he must have a drug patch as a condition of his bond and we will keep it set on a trial document here in the future.
>> Now we're getting a test on Rogers, correct? Yes.
>> David Rogers, >> John.
I think that's settler trial, isn't it?
He's >> just making He's making everything.
Yeah, he's clean.
>> But what are we going to do about moving this thing?
>> I'm getting with Jimmy on these new cases and I'll get the information and then I'll talk.
>> Okay. Today, what do you want to do?
>> What do you want to do? No, I'm sorry.
What do you want to say?
>> We'll put it on the front pocket. Okay.
These will all you pass. Good for you. Thank you. Keep up the good work. Mr. Min is your attorney. Co. Follow his advice. He's a smart guy here. Get a resetting from this leg.
>> Put it on the trial docket. And if we can move it otherwise, great. If not, then it goes to trial. And that's what we do. We're about to try number 600 in or so today. 609. Yeah.
>> I'm excited. Okay.
>> All right. Uh appearance. Mr. K, is this your case?
>> Yes, I make crimes on behalf of people.
>> All right. And Mr. Couch appears in the courtroom. Uh Mr. Couch, it looks like I did not arraign you. The magistrate arigned you back on March I'm sorry, April 29th. And at that time, you had requested a courtappointed attorney. for whatever reason, one has not been appointed to represent you yet. Uh, so you're here for a probable cause conference, but we're not able to conduct that today. Um, I don't know because the system is now handled by an outside office. The court doesn't have any oversight over that.
I'm assuming the public defenders office had a conflict, so they sent out to the conflict administrator's office who then kind of searches the state to see if they can find an attorney for you. And that just hasn't happened yet.
I believe a Brent Green or something like that.
>> Oh, so you have heard from >> on the last uh driving event.
>> That was his driving one.
>> So not on this one.
>> But I'm saying like is it possible you guys try to >> I have no control over that. That is entirely up to the conflict administrator as to who they're able to uh get for you. Um and when was the last time we'd heard from them? I emailed them this morning and she said she she hasn't had anybody pick this cases up yet.
>> Okay. So, as of this morning, nobody's picked it up yet.
>> Uh in the meantime though, and um I do have an amended complaint that I'm going to arraign you on. All this amended complaint does is change the venue. So before when you were arraigned, it said it happened in the city of Cadillac and the new complaint says that it happened in the uh city of Manton. So I'm going to go through that with you. Um you do have the same rights that you had before and we'll go through those in a moment.
But the amended complaint says that on or about April 28th, 2026 in the city of Manton for Wexford County, it is alleged in count number one that you committed the offense of police officer fleeing third degree under the vehicle code.
That is a felony punishable by up to five years in prison and or a fine of $1,000. And the Secretary of State shall suspend your license for one year. The prosecution has also charged you uh with an enhancement of a habitual fourth offender notice, meaning that you have at least three prior either attempted or completed felonies in your past. That makes that 5-year felony punishable by up to life. Do you understand those amended charges and the potential penalties?
>> Yes, sir. Uh, as I said, you do have the same rights, but you do have the right to remain silent. Anything you say or right can and will be used against you.
You have the right to have an attorney present during any questioning you consent to and the right to stop answering questions. You also have the right to be represented by an attorney at all phases throughout this process and one would be appointed if you could not represent uh afford to pay for an attorney yourself. So, uh I'm going to continue the not guilty plea and we'll continue that uh request for an attorney. We'll get this reset for next week and hopefully we'll have somebody before that. Do you have any questions regarding the facts of the case? I don't want to talk about. Do you have any questions procedurally?
>> Yes, sir.
>> All right. Mr. Kins, anything else for the record?
>> No.
>> All right. Thank you. Michigan versus James Kevin Spencer Jr.
All right. This is case number uh 261336 FY. Appearances council.
>> Please from the people. Thank you, Honor. Taylor and Anna Pento on behalf of Mr. Spencer who joins me at council table >> and we are here for a probable cause conference. It does not look like there's a resolution to that. I see the prelim or the PCC sheet is marked that we're still waiting for body cam.
However, there is a request to address bond. Miss D, do you have any objection to that request?
>> No, your honor.
>> Right. So, let's first deal with procedurally where we're at. Um, how long do we think before the body cam will be in?
>> I can't really say. I requested it last Wednesday.
Not as of >> this is a CPD case, >> correct?
and do not have the body cam in our carell system.
I can follow up again and see if there's anything else that they can do to speak things up.
>> Okay. Uh Miss Fento, I assume you're the one who marked it to go to prelim. Um, do you want a prelim or do you want it reset for a probable cause conference?
>> Thank you, honor. We would respectfully request that the matter proceed to preliminary exam next week. We understand the body cam issue. There's not a right to body cam for uh preliminary for preliminary exam purposes. Uh, but I would just note for the record that we have not received that yet. uh these allegations draw from events that were alleged to have occurred I believe back in March and it is now uh May 5th. That said, your honor, based on we have two police reports. Based on those uh we would be ready to go exam next week if the court will allow. Uh the biggest issue, your honor, is my client is sitting here. My client claims innocence >> and he's he's sitting in the jail and he won't.
>> All right. M Dole, are you aware of anything that would stop a prelim from taking place next week?
>> I'm not aware of it.
>> And Mr. Hento, I'm assuming you're not since you're requesting it to be held next week.
>> No, your honor. I would ask if that body cam can get to us sooner rather than later, but we are prepared uh next week unless something unexpected occurs.
>> All right. We will continue then to the preliminary examination for next week.
And that gets us then to your bond motion.
>> Thank you. Since we're at probable cause conference, we would like to address bond. We respect the request that court reduce the current bond to a personal recognizance bond. While I understand we're looking at a domestic violence third on an individual force and that is quite serious. Uh I would emphasize the allegations from the report. It's my understanding allegations of slapping bone out of someone's hand. Uh you know we're not alleging serious injury, medical treatment, any very serious public safety allegations or concerns.
My client reports that he lives in the community and is a primary caretaker for his minor children. He needs to get out of jail so he can resume caretaking of them and we would respectfully request that bond release and he's happy to comply with whatever the court thinks is necessary to ensure public safety. He is willing to comply with tether or whatever else.
>> Who's watching the children now or taking care of the children?
Thank you, honor. It's my understanding that child protective services got involved and have placed the children with a family friend temporarily and that is my understanding of the current situation.
>> All right. Thank you, Miss D.
>> Your honor, I don't believe anything's really changed since the last time bond was set. Um he this is a third offense domestic violence with cavity or he's facing up to life in prison. He has prior assaulted um behavior outside of the domestic violence with the attempt police officer fleeing uh assaulting resisting obstructing.
Um so I believe he is a flight risk um if he's in danger to the community. Has anybody scored him on either as charge or what the offer is?
>> Anything else? Mento.
Thank you.
>> All right. Uh Mr. Spencer was arraigned on May I'm sorry, April 24th on this charge.
Miss Fento is correct. The allegations arise from March 22nd. The complaint was authorized by prosecutor's office on April 10th and looks like sworn to by law enforcement on April 15th. At the time uh that Mr. Spencer was arraigned, I set bond at $10,000 cash shy. I did find him as a threat with the conditions of no contact, standard conditions, and uh not to purchase or possess any firearms or weapons or not to act any threatening, intimidating behavior. Uh MCR 6.106, which sets forth the bond factors when considering pre-trial release, uh lays out that the court should consider any prior criminal record. Uh, Miss D mention some of that record, but according to the court's notes, in O4, there was a possession of marijuana. 07, possession of marijuana, operating while intoxicated, an attempt to flee third.
In 12, an operating while intoxicated, second, in 15, an operating while intoxicated, second, driving while license suspended, second, an operating while intoxicated with an occupant less than 16. In 17, there is an operating while intoxicated, third, driving license suspended, second, operating without security. In 19 an aggravated domestic in 22 a domestic, second and a jostling. In 23, a malicious destruction of property 200 to a,000 assault and battery and 23 domestic violence and attempted resist and obstruct 24 driving license suspended.
Driving license suspended second. Then another driving license suspended second. No, I've got that wrong. Driving license suspended in 24. Then another driving license suspended second in 24 and another driving license suspended second in 26.
A record of appear appearance or fail to appear flight to avoid prosecution.
Uh in the court's mind I don't remember any of the failed to appears.
Uh however it does the practice indicates that there are at least two fail to appears.
Uh flight to avoid prosecution. Uh potentially that could be what the attempted flee third was back in ' 07.
History of substance abuse or addiction.
And we've got the possession of marijuana cases and five five convictions for drunk driving.
Uh character, uh nothing's been presented regarding that. Mental condition, nothing's been presented.
Reputation for dangerousness. Uh Mr. Spencer has been convicted of five assault of type crimes plus a malicious destruction of property crime and an attempted resist and obstruct.
Uh seriousness of the offense, he is charged as a domestic violence. Third, that makes it a five-year felony than the habitual fourth makes it a life offense.
uh probability of conviction. I'm not going to weigh in on that and likely sentence. Uh nobody has presented his scoring guidelines to me today.
Employment and financial status and history. Mr. Vento reports that uh he at least was employed. There are no responsible members of the community to vouch for the defendant. Ties to the community, family ties, relationship, and length of residence. The court is aware Mr. Spencer has been I believe probably a lifelong resident with the exception of maybe a few months he was residing out of state and I gathered that from an arraignment we had a short period of time ago and then any other factors risk of appearance and danger to the public.
While I do realize that this case arose back on March 22nd, it was recently charged and he has been recently um arraigned. Um, I do show that the defendant has three prior domestic violence convictions in his past, uh, ranging between the dates of 2019 and 2023.
I do consider him to be a threat to the community and I believe bond is appropriately set where it's at. So, I will keep it where it currently is. Uh, anything else for the record, councel?
>> No, your honor.
>> No, your honor. Thank you.
>> Thank you. Michigan versus Panhany and Bulman appearances council.
>> Thank you, Honor. Taylor and Ann and on behalf of Miss Wman who joins me at council table.
>> All right. And it looks like we're here for a plea and sentence. Um, I'll also state that I have received the mitigation report that was authored in this case by Mr. Haniger. Um, so, um, Miss Lawrence, what is the plea to today?
>> I understand the defendant will be pleading guilty to retail fraud third retail fraud.
>> Dismissing retail fraud second.
>> Yes. All right. Miss Fento, >> that is correct, honor.
Miss Bulman, have you heard what the attorneys have said the resolution of this case is?
>> Yes.
>> And is that how you wish to resolve it?
Will you please raise your right hand?
You solemnly swear or affirm that the testimony you give in this matter will be the truth, the whole truth, and nothing but the truth.
>> You may put your hand down. Have you had the opportunity to adequately discuss your case with Miss Fravento, any potential defenses, and any questions you may have regarding the plea and any potential outcomes of the plea?
>> Absolutely. And you feel comfortable in moving forward with the plea agreement, too?
>> Absolutely.
>> So, it's my understanding uh that you'll be pleading guilty to an added count of retail fraud, first degree. That is a misdemeanor punishable by I'm sorry, third degree. Uh that is a misdemeanor punishable by up to 93 days in jail andor a fine of $500 or three times the value of the property taken if the prosecutor can meet certain requirements. In exchange for that plea, the people will be dismissing count number one of retail fraud second degree, which is a one-year misdemeanor.
Is that your understanding of the plea agreement?
>> Yes.
>> Uh, Miss Lawrence, is there any restitution agreed to in this case or any requested?
>> There is no restitution.
>> All right.
Uh, Miss Bulman, back on May, I'm sorry, March 5th of this year, were you on probation or parole?
>> No. Were you on bond in any other file?
>> No.
>> Do you remember reading and signing your advice of rights form in this case talking about your rights to an attorney, your rights to a trial?
>> Did you understand those rights?
>> Yes.
>> Most importantly, do you understand that by entering a guilty plea today, you'll be giving up that right and you won't have a trial of any kind?
>> Correct.
>> Other than the plea agreement, has anybody promised you anything in order to get you to plea today?
>> No.
>> Has anybody threatened you in any way?
>> No.
>> And is it your own free choice to plea today?
>> Yes. Are council aware of any other promises, threats, or inducements not made part of the record? No.
>> No, you're not.
>> Then Miss Bulman, to the allegation then that on about March 5th, 2026 in Herring Township of Wexford County, how do you plead to added count two of retail fraud third degree?
>> In order to accept that plea, I must have you tell me what it is that makes you guilty. So, back on March 5th, were you in uh it looks like the Walmart store in Herring Township?
>> Yes. And while at that store, did you attempt to take did you either attempt to take or actually take some property that belonged to the store without taking without paying for it?
>> Yes.
>> And did you actually get out of the store?
>> No.
>> Um, for purposes of the plea, do you believe that the uh items that you attempted to take had a value of less than $200?
>> Yes.
>> And it was was it your intent to leave the store without paying for those items?
>> Yes.
>> How did you do it? What what did you do?
Uh just put things together scan.
>> So a skip scan type situation. All right.
Uh do council believe the defendants provided a factual basis in which to accept the plea in the court rule has been complied with.
>> Yes, sir.
>> Yes, your honor.
>> As does the court. I find the plea is knowing, voluntary, and accurate based on the factual basis presented. The items had a value of less than $200 and the defendant stacking items together, not scanning each of the items indicate that she had intended to take items without paying for it. Uh, as such, I believe a factual basis is made out for retail fraud third. Pursuant to the plea agreement, the retail fraud second degree will be dismissed at the time of sentencing, which I assume we can do today.
>> Yes, your honor.
>> Right, Miss uh, Lawrence, have you received and reviewed the mitigation report? I have, your honor.
>> All right, Miss Ferventto, do you have any corrections or additions we made to that report?
>> Uh, no, your honor.
>> All right. Allocation then.
>> Thank you, honor.
>> I don't think there's much more than I that I could add than what is on that mitigation report. Our social worker did an excellent job uh telling my client's story there. I will emphasize that we recognize her history and we recognize that yeah, Jill is very likely here.
Despite that, she has shown up here today. She has appeared at the court proceedings. She realizes her actions were wrong and she's taking responsibility here. In light of that, we would respectfully request that any jail imposed be a short sentence.
And we would respectfully request any jail that was imposed would be a short sentence. Thank you.
>> Thank you, uh, Miss Lawrence.
This is one of those cases where I'm not really sure what to ask as a sentence.
Um, I'm looking at the case notes from her last retail fraud. Um, and it looks like she pled guilty right at her arraignment and got a straight jail sentence on that retail fraud. Um, I guess it's hard for me to look at this after she got straight jail and she turns around and does it again. Um, that is my concern. I don't know if usually a jail sentence kind of teaches someone a lesson, but clearly her last one didn't because she turned around and did it again a short time later. Um, I don't know if probation is more appropriate with some type of retail fraud class.
Um, or again, if I request just straight jail, I honestly I'm at a crossroads here with that. The mitigation report does outline um a lot of difficulties that the forward has faced and is facing and some mental health concerns. Um so maybe probation would be a better fit for her. Um clearly male sentence didn't work too very well the last time. But other than that, I will leave sentencing up to the discretion of that board and what they think is appropriate. Thank you.
All right, Miss Bullman, you had the right to address the court prior to sentencing. Is there anything you'd like me to know?
>> So, I've I've read the mitigation report and I I've made quite a few notes in it.
Um, as as Miss Lawrence said, there's you've had a lot in your past, but you've had also had a lot of positives in your past. Um, one thing that that stood out to me and I guess maybe if you could give me some more insight into it and this is contained in the last paragraph on page two of the mitigation report. It says, "Miss Bulman has taken responsibility for her actions. She has expressed genuine remorse and insight into the role her emotions played at the time."
So what what are I mean what role did those emotions play?
>> I just found my head guy and my kids were pissing me off. So I just didn't give a [ __ ] I didn't care.
And I should have just paid attention and did what I did. But like the law is the law. So whether I was emotionally didn't care or not, I should have >> because the law is the law.
You have three kids, right?
>> Five.
>> I'm sorry. Ranges three to three to 13.
Five. Three to 13. And are they all all they are are they all yours?
>> Yeah.
>> Okay.
>> Well, my oldest, the 13-year-old, he's my stepson. But >> stepson. Yeah. Okay.
>> All four of mine. Yeah.
>> All right. Cuz I was doing the math on that and you'd been about 16 when when he was born. So Okay. All right. No, he's my he's my love.
>> Okay.
And so I know you have some diagnosis in your past. Um and it looks like you're you've got some ongoing health care for those. How long has that ongoing healthcare?
>> Uh since I was 19.
>> Okay. It's been a long time ago.
I've got a note here. Bear with me. I'm trying to I can read it, but I'm just trying to see what it relates back.
Oh, so uh the last page of the mitigation report says uh you know, you're actively working to strengthen your ability and manage stress emotional responses. Uh and this includes applying strategies learned in therapy and being more mindful. What so what strategies have you learned? um like the logic before emotion.
So like to wait on it.
>> When did you start receiving those tools? I mean you said you've been in therapy since 19. So was that you didn't have that before the 25 retail fraud?
>> Was like just beginning then.
>> Okay.
And then the next paragraph, it says, "Your goals moving forward are are both realistic and grounded. In the short term, you're committed to full compliance with the court orders, and I don't doubt that everybody, that's their goal. My concern is the long term.
What What plans do you have for the long term to make sure that you're not back here?" Because you know, as we said, this was not the first time you've had this type of thing.
>> You had some more, not the same charge, but same type of thing, but those were expuned.
>> And I think you sat or I shouldn't say sat, you were ordered probation on those.
>> Did you successfully complete?
>> No.
>> Okay. All right. So, what what plans do you have for the future to make sure I don't see you back here in another couple of months?
uh just to keep doing therapy and to work better my emotions.
>> Do you think that probation would be beneficial to you?
>> I don't think so.
I don't want to promise you something and then I don't want to give up promises that I could be successful at it and not >> Do you want to give it a try?
>> No.
>> Okay.
I just don't want to like try it and then mess it up and then be back here again.
>> Oh my god. Lady, >> I would love to say that I could, but I would love to try it, but and I I don't want to influence your decision, but I want to be honest with you. What you're looking at is I either put you on a period of probation or you're going to sit a jail sentence. So, I guess the ball's kind of in your court. If >> I would rather sit jail sentence. I know that sounds horrible, but because I don't want to drive probation or get offered probation and then mess it up and then sit in more jail time anyway. I don't want to give you an empty promise that I could try if I'm just out.
>> Okay.
>> To be in jail anyway.
All right. Um, anything else you want me to consider?
>> No, thank you.
>> Miss Lawrence, what um, one, what was the value of the items attempt to be taken? And do you have a kind of a breakdown as to what they were?
>> Was $6161.
Looks like it was mainly clothing, socks, leggings, t-shirt, etc. Mento, >> I would know if they were mainly children's clothing, things like underwear and things like that.
>> Is that indicated in the report or video or >> It's visible in the video and I believe it is indicated in the report as well.
>> Do you agree with that, Miss Lawrence?
>> Yes, your honor. It does say girls on knees or things like that.
Well, Miss Bulman, I I thank you for your cander today. Um, and your honesty that you don't think you can successfully keep that >> and like I said, the last thing I want to do is set you up for failure.
>> Um, so, as I said, I'm going to be left with a jail sentence. Now, I honestly came here prepared for jail.
>> I always these types of cases get interesting. I don't want to say they get difficult, but they get interesting because in my eye a theft is a theft. A theft has an impact on everybody. It's not just Walmart that's impacted. It's everybody that goes into the store from there on out. We either have to show our receipts, get out of the store, or the costs are increased, or we've got an undercover plain clothes person following us around the store. So, everybody's impacted.
And while I might understand the need to lift children's items, I don't necessarily believe that that justifies it. Especially when I hear you say that one, it was a death of somebody close to you that caused this, and two, your kids were pissing you off and you didn't care.
>> Yeah, they were.
>> So, the fact that you at least attempted to steal children's clothes, I don't think negates anything here. And so because of that and now the assess I'm sorry the mitigation report and I want to make sure that I'm clear on this because in on the last page the second to the last paragraph says that she presents as an individual who is not defined solely by this offense and I agree with that. You're not defined solely by this offense but and it asked the court to consider the full context of her life.
I know many people who have been in the same type of situation that you've been in and yet have no criminal history. And I'm not comparing you to that. But I'm what I'm saying is when it comes to taking into the full context of your life, I can't just say that you get a special pass because you had a rough life.
>> I understand that.
>> Um, and when I couple that with in November you were convicted of retail fraud, in March you're right back here.
I can't take into account the um two cases that or the two charges that have been expuned because they were expuned and this you did not plead to a one-year so I can't take those those into account for sentencing purposes >> respectfully ask what's that >> I wouldn't ask you to do like because the law is law >> yeah the law says I can't do that but it's not lost on me that this was not a one-time event but I again I can't take that into account when it comes time for sentencing And then there is some old there's an old operating without a license and then in December there is an operating without security.
So uh what I have in front of me is a person who in a matter of looks like the November conviction arose from a December retail fraud. uh that was a one-year conviction and then four months later uh you're right back at it.
That's not lost on me though, the steps that you've tried to take. But it's also not lost on me that you're the age that you are and you've been in counseling for roughly 10 years.
>> Yeah.
>> So, that's not lost on me either.
You pled to a 93-day misdemeanor. Uh the court uh is going to impose a jail sentence. Uh the court is going to impose uh Selena. Is there credit on this?
>> No.
>> I'm going to impose a 45day jail sentence. I find that that is appropriate given that the defendant had just been convicted of retail fraud uh second just 4 months before uh this charge arose. Um, so the sentence today will be 45 days jail with zero days credit. I'm only going to order what I have to in fines and costs.
So there is a $75 crime victim's rights fund fee and $50 state minimum fee. The court will wave the fines, court costs, and the attorney fees. Um, any balance that remains unpaid for more than 56 days will have a 20% penalty added to that. I am going to wave that while in jail.
So that 56 days will start ticking once you've been released from jail. All right. Uh again, 45 days jail with zero days credit. M and and zero restitution.
M uh Lawrence, anything I've missed in the judgment of sentence?
>> No.
>> Miss Vento?
>> All right. Thank you. Good luck to you moving forward. And um you need to go with the Baylor.
>> Uh where is Brendan James to 2164649?
Is he this kid going to learn anything here if we if he dismisses this?
>> The victim is here.
>> Where's the victim at?
>> She's seated in the bank.
>> Come on up here.
>> There's two cases, your honor. So there's a global resolution vote. I think now since we were here yesterday his grand passed away so the family's got to go and it's been just a rough week. Ma'am, would you step forward? You step back. Edward Zelan for the defendant is present.
>> Good morning ma'am.
>> Good morning.
>> Your name.
>> Okay. Why don't you go right over there if you would to the m that is a microphone believe it or not. And I have Brendan James to 26BT 64649 and 26B49414.
Your name? Oh, James.
>> All right. And his parents are with him.
>> Yes, they are.
>> And the victim is not seeking restitution, it says on 414.
Are you the victim on the Brownstown case, ma'am, or the Trenton case?
>> Trenton case, brother.
>> All right. Are you seeking restitution of any kind?
>> Just for the record to be completed.
>> It's been arranged already.
>> All right. I need to put it on record, though. Calling Mr. Bolognian. So, he's going to plead to the turfing charge under height on the Brownstown case. And that is uh if you plead guilty here, these are the possible penalties up to 500 fines, 90 days jail costs or all those.
This would be taken under PA.
And I believe, and I haven't had a turfing case in years, I think if there's a straight up plea that uh you'd lose your license. No, this shouldn't go anywhere under >> Well, I I know it won't under He just saying if there was a straightup plea, you would lose your license. Do you understand that?
>> Yes, sir.
>> So, if you don't comply with probation, the conviction is going to be entered and you're going to lose your license.
Do you understand that?
>> Yes, >> did somebody did he go get Mr. Palonia 249? Um, so if if you plead to that one, the prosecutor is also going to move to dismiss the Trenton case of Turpin. Do you understand that?
>> Yes, sir.
Did you sign, read, and understand an advice of rights form here today?
>> You signed yesterday. You signed an advice of rights.
>> I still need to sign today. You're presumed innocent. Uh, they have appealed you guilty beyond the reason.
>> I'll give you a sign when you're talking.
>> Okay. Did Did somebody get a hold of Mr. Okay.
And >> Miss Frederick, I'm sorry. You live on Just tell me the street.
I'm sorry. Which one?
>> Third.
>> Third.
>> Okay.
Mr. Bolognia, your name.
>> I want to make sure everything's covered here. Is there some kind of rest? I I understand what you're doing. He's pleading on the Brownstown case. Victim not seeking restitution. It's going to be under Haida. Based on that, this other case, the traffic case is going to be dis dismissed. I just want to make sure that the restitution is going to be taken care of. My understanding has been taken care of. It'll be presented with a company that's providing services.
>> But I but if the case is dismissed, I lose jurisdiction is the problem.
>> I understand. Well, we can come back.
They can charge him again, judge, and be hell to pay them.
>> Well, no. Not if it's part of another plea agreement.
>> Did you get a Did you get a quote?
>> I did. Yes.
>> How much is the quote for?
>> 676.
>> I think there's a work order, too, that you might have already, right?
>> Wait a second.
>> Yes. Are they going to are the parents going to pay the 676?
>> Yes, they are. They've already paid Have you paid the already?
>> Uh, your honor.
>> What's your name, sir? Uh, >> Christoph.
>> Okay. Dad, >> um, that I reached out to actually care loan as well for um paralyzing and repair. Um, he is just trying to fit in the schedule.
>> Have you paid them yet?
>> I offered to pay a positive. He said he wanted to wait until the work was done because it could be in final mater 76 was maximal >> max.
>> Yes.
>> But see, I can't dismiss this guys without that being taken care of. Now, if he wants to cut a check to her today, 676, >> then I can feel comfortable dismissing.
>> I have no problem. I have no problem.
>> You're going to pay the 676 today.
>> Can you do that? cuz I can't dismiss a case and still have restitution hanging over and I don't think that's >> you're you're you're good with that.
>> Y >> and what's your name, man?
>> Michelle, >> I appreciate you guys coming a lot more.
Your son and I are going to have a conversation. So, that's what'll happen.
Do you have a checkbook here?
>> I do.
>> So, you can write her the check, write out to herself, and then we're going to cover this. Is that acceptable to everybody? Mr. Zik should be judge.
>> Is that acceptable, Mr. Bolognia?
Absolutely. Is that acceptable to you, man? All right, that's what we'll do.
So, you can write that check to her. I will I will dismiss this as soon as you hand her the check. I'm going to take the plea on the other turfing.
And if you sign that advice of rights now, young man, >> if you plead guilty, you'll be giving up all those rights on that advice of rights. And we're not going to have a trial. Do you understand that? Yes, sir.
>> You understand everything that's going on? Yes, sir.
You seem like a nice kid. Why in the world would you be doing this? We're going to have a conversation to the charge of turfing. How do you plead guilty >> on the Brownstone case? Uh March 2926.
Did were you at 19256 Dawnshshire Drive in Brownstone?
What did you do?
>> Because I was very upset.
>> Upset with what?
>> Very bad.
>> With who?
>> With who?
her daughter.
>> So, it's collateral damage.
>> Well, wait a minute. Wait a minute.
19256 Dawnshar. Your daughter doesn't live there. Or does she?
>> It's another friend.
>> Well, wait a minute.
>> I'm just taking the plea on the Brownstown case.
>> Okay. So, why did you did you drive over the line at 19256 Dawn Shutter? Who did you know that lived there?
>> Uh, did your daughter move?
So he intentionally drove over the law.
>> Yes, sir.
>> Are you on probation or parole?
>> No, sir.
>> Anybody force you to plead guilty?
>> No, sir.
>> But you guys broke up before they started dating, right?
>> Well, I understand. Yes.
>> Well, no. No. I'm asking you. You and you and her daughter broke up before your best friend started dating her, right?
>> How about if I ask the question? Your best friend you failed started dating her and you got upset and you made marks on everybody.
>> But were you broken up with her daughter at that time?
>> Yes, sir.
>> Can't you got to be more mature than that?
>> All right. Anybody force you to plead guilty?
>> Are you on probation or parole?
>> Sir, >> I'll accept the plea. Miss Frederick, I want to listen to what you have to say.
Anything? I know that I know that you're uh and and she you've got the check.
They're they're doing it right. Okay. Go ahead and write that check and then and then we'll talk. Do you want to tell me anything, ma'am?
>> Only if you need clarification on anything.
>> I'll be happy to listen to anything you have to say.
>> Okay.
What are you doing with your life right now?
>> The operator.
>> The what?
>> Operator.
>> Okay.
>> 324.
>> Good. Good. Correct.
>> And you are going to be 20 in December?
>> Yes, sir.
>> I don't need a police sentence report, Mr. Zelmer.
>> No, we're fine. He He has done well, I presume, because he went straight into the union. He's got a pension in healthcare and a better suit than most lawyers here have today, Jud.
>> Better than one I brought.
I didn't even bring my coat in today. I put it on the couch.
Anyway, >> nothing else to add. Then your honor speaks for itself. These are sad incidents for affairs of the heart with Ben whose brains don't for crazy things.
>> I know. Where'd you go to high school?
>> And so you're going to stay out of here, right?
>> Yes, sir.
>> Did you ever have a conversation with them, man, with his parents after this?
Uh they had reached out to me the day afterwards um >> to say what >> to apologize and ask if they're if they could make things.
>> That's what I would have expected parents to do. And I want to commend you guys for doing that because a lot of parents would not have a lot of parents would have looked the other way. So it means a lot to me frankly that the parents came with you Mr. To. So that's going to help you.
>> You don't want to answer this your family.
>> No, I do not. I feel like making you go read a poem >> to read Shakespeare judgment.
I want you to Google this when you get home tonight. You don't have to do it tonight. Talk to your mom and dad about it.
>> Just Google your name poem.
Do that.
>> Now, it's a little gender related, but you can look at that with your mother, too. You follow me? It's your name. Read that poem.
Okay.
And I'm not going to be that tough on him. I mean, what he did was silly. But you know what? We've all done silly things.
I I did silly things. We all did silly silly things.
But I want you to understand something.
I do not condone this. You got to use your brains. This this kind of thing affects your future. You follow me? Yes, sir. I completely agree with you.
>> You don't want to you don't want to affect your future.
>> So, I'm taking the plea under Haida. Mr. Zelnik, I think I already asked you, but if you have something else, I'll listen to you.
>> Do you have anything else, young man?
>> No, sir.
>> All right, let me just write this up.
How do you feel about this? Cuz you are a victim. And I want to make sure that you're satisfied, too.
I don't want to pooho this. I don't think there's anything to pooho. By the same token, kids make mistakes.
And to a 19, 20 year old kid to find out his best friend started dating his girlfriend could have been handled like 10,000% better. But I agree.
>> What are you What are you asking me to do? Anything?
>> I'm I'm good. Thank you. All right.
I have to place you on probation.
So, I'm going to for 6 months. You cannot leave the state without the consent of the court. You cannot violate any law or ordinance. If you change your address, place of employment or home telephone number. You must notify probation. You have to report as direct.
Now, I'm not going to know if you do this, but see, your parents have shown a real interest in you. I I think that's phenomenal. They did what I would have done.
>> They did exactly what I would have done and they're here and that means a lot.
So, I want you to serve one day of community service by June the 30th and I want you to be on our court work program for one day and that's going to cost you $35.
Your parents are going to make sure you read the poem your name.
See, my father was buried 40 years ago today. So, I'm a little more son than usual.
So, um I actually went back and read that.
100 fines, 100 costs, 75 victim's rights, $50 justice.
>> 120 in probation fees, 35 in attorney fees.
>> I'll take >> I'm sorry. 35.
>> No, no, no, no, no. I'm sorry. 35 in 35 in court work program fees. Uh that's $480.
I'm going to I want him to pay this, not you, folks. So, if you need time, I don't have a problem. And they're going to make sure that you read that. I don't need you to tell probation or prove anything to probation. They're going to make sure you read that poem.
>> Can you pay us today or do you need time?
You'll trade and take her if they need.
>> And you and you've received your uh payment, right, ma'am? The 626 >> 676.
>> 676. I'm sorry. And you're satisfied?
>> Yes.
>> So, I'm dismissing 260 64649.
Prosecutor indicated on the Brownstown case. Victim was not seeking restitution. We're going to give you a review hearing date. You don't want this on your record. Give me a date if you would. Uh Heather.
Okay, judge. That will be uh November Well, let's see about November 4th.
>> November 4th at 8:30. You don't need to show up, Mr. Zelnik, unless he's unless he hasn't complied. Folks, thank you very much for coming today. I appreciate it. I don't want people waiting. I need a fivem minute recess. Thank you. Stay seated, please.
Anthony James 26G306834 Anthony.
>> So Mr. Fiori has done good on their sobriety court bond conditions.
>> Yes.
>> But I got to tell you, I'm still worried about this one.
>> Relatively high on DM. It's >> not relatively high. It's overly over the top high. So I'm still questioning whether or not I need to send him to jail. He had a 367. incredibly honores.
>> Let your lawyer talk first and I'll give you all the time you need. I'm just telling you both how I feel.
>> I know that this is just a first or a second offense, but you got a you got some other history going on here. You had a meth conviction uh well taken under 7411 just last month and a half ago, right?
>> Uh yes.
>> What was the offense date on that? the date >> the offense date, not the conviction date.
>> Well, I'll check it. Hang on.
>> I mean, I have gotten nothing, but you've been showing up for everything.
You've done a good job. I'll give you that. But boy, oh boy.
And you know, and I mean, I promise you, you'd be doing a long long long time.
bought for was February 16th was the offense date and and that was after you were charged on this case but before you had the bond set on this case on February 26th the bond was set. So I mean you've been doing great but I got to think about this one. What do you want to say? Is everything in this report accurate? Any material additions, corrections or deletions? It >> is actually I had a chance to read this report. There is no additions, corrections or deletions. Is there anything you'd like to say on his behalf?
>> Mr. Poretti was accepted in court for I did have chance to review the terms of the the requirements for the sobriety court. He's assured me that he's more than willing to abide by the rigorous conditions and the requirements in order to successfully complete the program.
Um, like he's been he's been he's been doing very well actually at you know park >> I don't like you working in a bar either.
That's that's another concern. At least you were honest about some people aren't >> but I really really really would encourage you to get out of there. I mean we >> Go ahead.
Judge, he he is fedally employed. Um, you know, he does have a three-year-old daughter that lives with him that he does care for. Judge, >> um, >> does the is the mother in the child's life?
>> Yeah, she we have split cost today.
>> Okay, go ahead. I'm sorry I keep getting interrupted.
>> And and he does and and I I I believe he genuinely remorseful and I think this was a wakeup call for him. Uh he's >> well it wasn't too big of a wakeup call if he went out and possessed methamphetamine a couple months after this. That's where I'm that's where I'm going with this.
>> I think I think together judge he's he's re-evaluated his at this point.
>> Since when?
>> Since since having these convictions did. Um he's currently he is currently on probation through the third circuit court. Um that started on April 17. He's been in compliance with that. I believe that is the other uh MDNH. Is that is that correct? That's for the other charges the 7411. And then he also has a case out of um the first district judge for a domestic violence which he will be successfully completing. That will be dismissed. judge. Um, and and I think everything together have brought him to the realization that he's either got to clear up his life, judge, or he's going to end up dying of alcohol, you know.
>> Yeah. Where's that going to lead the 2-year-old?
>> That's that's what that's what he's been contemplating. Wow. That's what's caused him to want to make a a very concerted effort at least to get himself straight. And that's why he's asking the court to allow him the opportunity to do so. And I think he's begun. But but by following the his you know his bond conditions I I believe he's he's making it you know a very good effort at least started. Um the only thing that we would ask judge there there is a recommendation for impatient treatment on this case and if he was to go impatient treatment he would almost surely use his employment not currently but leave that impatient program and he needs that income judge in order to be able to pay off the fines and cost as well the cost of living for himself and his daughter.
Chicago Mr. Bolognia too.
>> Anything you'd like to say good >> um I understand. Um you know the first time I sat in front of you and you had commented on my blood alcohol level that was uh it was a real deep hit for me. I um you know for someone to be in this profession for this long and to be shocked by the fact that I was that drunk and still operating was definitely wake up at all for me. Um I've made empty promises. time after time after time to everyone around me about alcohol. I think this is the the first time I'm promising this to myself. You know, I've said I'll do this for my daughter. I'll do this for you. I'm doing this for me. The structure of the sobriety court has been exactly what I need. Uh these AA meetings, I found something that I really enjoy. I, you know, personally reach out to these guys and get some of their numbers and this is exactly the structure I need and I I do believe I can be successful. No surprise to you, the court.
>> Is somebody calling Mr. Bolognia?
>> I call he stepped out. They said as soon as he gets sent his son, >> 24 months probation.
You cannot leave the state without consent of the court. You cannot violate any more ordinance.
You need to change your address, place of employment, your home telephone number.
You have to notify probation. You have to report as directed. No alcohol, no marijuana, no illegal drugs. You're not to purchase, possess, or consume anyone.
You're to submit to chemical testing, PBTs, and ETGs on demand of probation. So, they're going to have you test three times a week. We're going to start to pay for that now with our grant. So long as you test negative every time and so long as you test every time.
I can't have you just complete 60 days on the silver link. I'll make it 100 more days on the silver link.
>> Be 160 in total.
>> Well, you we you started February 26, so yeah, you're going to be on that for another four months. Attend a ANA three times a week and provide written proof of attendance. Attend obain an ANA sponsor.
Attend all substance abuse treatment at a facility approved by probation.
Attend the victim's impact panel. Attend and complete the armed specialty court week program. Report the status uh review hearings with me every two weeks. As you know, it's either 2:00 p.m. on a Tuesday or uh 7:30 on a Wednesday.
>> Yeah, I think the 7:30 is on Wednesday.
>> Obtain and maintain employment with proof provided to probation. I still need him. Uh Mr. Bolognia, your name, >> where is Jialter sending their prisoners?
>> Flat Rock, >> good question.
>> Would you go ask find out for me?
>> Yes, >> I'm going to find that out. I would like up to 30 days show.
>> Okay, thank you. That's all I wanted though.
What days are you working? I don't like you working at the bar.
>> Uh, if I could add on, they're all very aware of my situation.
>> I know, but you're still around that stuff.
>> Yeah. Um, I do work in the kitchen. As soon as my shift is over, I'm out the door. There's no loitering.
I work my shift. I stay in that kitchen and I immediately out the door as soon as my ship is done.
>> You know you're playing with fire, right?
>> I'm taking this more seriously than I've ever taken this in my life.
>> I mean, I've gotten good reports. You know, statistics tell us that these decisions that we make are can often make or break somebody.
14 days jail credit one, 10 days court work program, $35 a day charge for that for a total of 350.
Three days of community service.
Community service due by August 31.
Fines 200, cost 200 $75 victim's rights fee, $50 justice assession.
That's 5 and a quarter. Probation fees are 480 for a total,05.
Probriy court fees are 360 for a total of 1,365.
Cost of recovery is$ 225, bringing your total to $1,590 plus the court work program fees. Unfortunately, that amounts to $1,940.
Now, they check my fines and cost. I'm going to tell you something right now.
>> I don't know if I'm doing it right then.
I don't have a crystal ball.
I don't have a crystal ball.
But I'm telling you, you're on your rope with me. Do you understand? I mean, this is it. If you screw up one time, you are going away.
The only reason I'm not sending you to jail today, if you weren't in sobriety court, you'd be going away for quite a while. I just want you to know that. So, that's that helps.
But, I don't even know if I'm doing the right thing. I hope I am. This is my gut. This is what I'm doing. I think you're doing well. I don't want to set you back. Just do not disappoint me, but we're going to really not get along. Do we understand why?
>> I understand. There'll be no surprises for you.
>> Well, you sound confident. That makes me feel better. I suppose >> I'm full of confident. I may take my sobriety and be fully quiet with >> How much of this money do you have? You need to get out of that bargain. Why aren't you doing something better with it?
>> I'd love to cook. I mean, it's my passion.
>> Well, then cook at a high-end restaurant in Detroit. I'm I'm not putting down anybody, but >> No, I I was thinking of it. I'd like to get to a place where I'm putting tweezers for food. You know, it's the obsession to me that loves it. But um All right.
>> They're very understanding my situation.
>> I'm sure you go ahead and you tell me how much you can afford to pay.
>> Realistically, I think I can do 100 every other week, which some of my other costs and the cost of rent. I'm going to, by the way, I I'm going to only make you do 80 days on the Soberlink additional after today, okay? Not 100.
That's a little overkill, but I don't feel comfortable with. You pay $75 bi-weekly and I'll start you June 1. If you need more time, you come talk to me.
Okay.
>> Yes, >> you can either come in and talk to me after a status review. I'm going to be really keeping an eye on you. Who are you treating with again? Oh, like the center.
>> Yeah, >> it's out of the guidance center. I know who Joshua they switched me from the single or the outpatient to the intensive and that starts on Monday. So, we went from the individuals to the intensive.
>> You better count your lucky stars. Get out of here before I change my mind. Go meet with probation.
>> I need to verify the fines and cost again. I've got 2.
>> I'm not doing too good with those today, aren't I?
>> I mean, I I may be wrong. I might.
>> No, you're probably not. Let me just do it again. Hang on one second. It'll take me one minute here. Just let me find it.
It's $200.
200 in fines, 200 costs. That's 400.
Uh 75 and 50 is 5 and a quarter.
Probation fees are uh 480. So that should be a,05.
And then soy court fees are 360 for 1365. Screening fee is 60 for 1425. Cost of recovery is 225 for 1650 plus. Yeah, it should be 2,000, right?
>> Yes.
>> See, >> I thought you said 19 something.
Correct. Okay.
>> I did. Okay.
>> I did. I missed the I missed one of those figure didn't add in. You're all set. Thank you. Good luck. Stay with me now. Stay with me. I still enjoy doing this. If I can help somebody. Good luck.
>> Thank you for your time, your honor.
>> Good luck.
>> Calls people vart 25-1046.
>> Thank you.
>> Mr. Hart is now at the podium standing next to his attorney, Mr. Robert Henosa.
The people are here and represented by their elected prosecutor, Mr. Scott Kerner, Agent Twiliger from the Michigan Department of Corrections. Mr. Hart was before the court last on April 2nd of the year 2026. He plead guilty on that date to count three of the then existing information resisting obstructing a police officer. As a result of that plea-based conviction, the Michigan Department of Corrections did prepare a pre-sentence investigation report as well as a sentencing information report distributed to the parties and to the court. We also have a pre-sentence case summary from pre-trial services. Do you have received that, Mr. Henosa?
>> I am receipt of that.
>> Very well. Then, Mr. Hart, would you raise your right hand with me? Do you promise that you will tell the truth, the whole truth, nothing but the truth?
So, help you God.
>> Yes, sir. Thank you, Mr. Hart. Did you get a chance to read the presensus investigation report that the court had just referenced?
>> Um, yes, sir, I did. Um, me and my attorney went over it yesterday.
>> Okay. As you read through it, did you find everything in it truthful and accurate?
>> Um, all except for some things about the probation um in programming. There said that I didn't complete some of the programs that I did successfully complete. And um my probation terms I completed successfully for the vast majority of them. There was only like one that I didn't but you know we discussed all that.
>> How about the agent's description of the fence? Is that all truthful and accurate?
>> Um pretty much. Yeah. And you know, um, I've been, uh, going over some things and I've, uh, >> okay. Yes, that's that's correct. That's factual.
>> Thank you, Mr. Hart. Mr. Jose, have you had a chance to review the pre-sense investigation report? Your >> honor, I have.
>> You mean changes like I see made to the body of the report?
>> We have several proposed changes to the body of the report, your honor. Okay, let's hear him.
>> On the face sheet, our law firm is retained, not appointed.
>> Agent Twiller, >> I'll make that change here.
>> Thank you.
>> Under juvenile record, it indicates yes.
And that's a bit confusing. I believe it should be yes. However, I'd like that fleshed out on the record. There's an indication within the report that Mr. her was sentenced to Maxi Boyy's Correctional Facility.
However, there's no indication within the report of what that sentence was for.
>> Agent Twiliger, >> uh, it appears the agent that completed the PSI does not have any criminal history for juvenile.
>> The report will stand as as, uh, stated.
>> Yes, your honor. Turning to uh page one then of the presentence investigation report on evaluation plan.
It indicates that on March 2nd 2026 Mr. Hart plead guilty and it that should be April.
>> It shoulder.
>> Um could you repeat the date for that?
>> April 2nd.
>> April. Okay. Thank you.
>> Turning then your honor to page two.
Other presents investigation report the sentencing guidelines are 2 to 17 with the maximum being it should be 24 months.
>> That is correct.
>> Which of course um that raises the issue of uh people v Tanner right the court cannot um impose any more than 16 months. So 2 to 17 really wouldn't be accurate.
>> That is correct.
And then in speaking with Mr. Hart, we had we would then go to page 15 under the family.
Mr. Hart indicated to me that several of the ages of his family members were incorrect.
First being his mother, she should be age 91.
His sister Victoria should be age 67.
and his sister Donna should be age 66 is what Mr. Hart indicated.
>> Catch all that Mr. Twiger.
>> Yes, your honor.
>> Mr. Ker, if you if you have an objection to speak up as we go through these.
>> Certainly, your honor.
>> Yeah. And then finally, on page 17 under substance abuse treatment, Mr. Hart indicated to me that he successfully completed Odyssey House, that he successfully completed CPI, and that he did complete House of Commons.
>> Your records, Mr. Tiger, indicated that he did not >> um based off the information that was provided in the present investigation.
Sorry, you're on. Let me just find the I'm sorry. It appears the that information was obtained through the a past PSI.
through a past psi. It's your opinion that he has not completed any of these uh treatment programs.
>> That's what it appears. I don't see the information in the packet. So he I don't know where he got that information. I don't I actually don't see it in the past PSI. So I wouldn't have any I don't have any evidence that he did not completely.
>> What's your what's your position, Mr. Hosa?
>> Yeah. that there were three of the listed treatments that were completed, one being CPI, one being House of Commons.
>> So, of the seven um times he's been through treatment, three he was successful CPI, Odyssey House, and what was the last >> commentary?
>> Now, Cedar Root.
>> Yes, that's correct.
>> We'll make those changes on agent.
>> Yes, your honor.
Mr. Hinosa. Honor, I have no further changes to the body of the report.
>> All right. Nice work, Mr. Henosa. Mr. Kerner, have you had a chance to review the pre-sentence investigation report?
>> I have.
>> Any changes you like to see made to the body of that document?
>> No, your honor.
>> Do the people have any guideline challenges to the SIR?
>> Yes, your honor. Uh, no challenges to the PRVs. However, um OV17 should be zero points.
>> Mr. Henosa, >> you I agree with that assessment.
>> Agent Twilliger, that challenge is sustained. Zero points for >> OBV7.
>> Yes, >> Mr. Kerner.
>> OV19 should be 10 points because the defendant fled from the police.
>> Mr. Henosa, >> your honor, the OBV19, we respectfully disagree. However, we understand the court's analysis and scoring 10 points for the interference of the administration of justice given the underlying charge.
>> Well, so he's pulled over and the police officer gets out of the car to go up to his car uh to engage and he takes off and so that's 10 points.
That's 10 points, Mr. Tiger.
>> Yes, your honor.
>> And >> nothing else, your honor. in an effort to avoid accountability, which was just the beginning of this transaction.
>> Anything else, Mr. Kerner?
>> No, your honor.
>> Mr. Toer, please add him up.
>> Uh, the scores for the PRVs remain the same. The new OV scores is a total of 11, which brings it to a level two, and his new guideline range is 5 to 23.
>> Do you agree with the math, Mr. Hinza?
>> I am in agreement with the math, >> Mr. Kerner.
>> Yes, your honor. Even though 16 is the max tanner level. Anyway, I think we're sorted then. Mr. Hinosa alocution.
>> Thank you, your honor.
>> I learned quite a bit about Mr. Har when I reviewed the peace investigation report. He is certainly what I would consider to be his own worst enemy. He is no stranger to the system. He has an extensive past. That however does not define where Mr. Hart has reached this point in his life. He's ready for change. At 63, he has taken accountability for his actions here.
When I've spoken with him, I think the court will hear when he has an opportunity to allocate to the court that he has accepted responsibility or accepts responsibility for his actions here. Even with the shift in the guideline range, your honor, I believe the recommendation is appropriate and would give Mr. heart the opportunity to demonstrate that he has reached a point in his life where he's had enough of this nonsense and ready for change. I'd ask that you adopt the recommendations in the report.
>> Thank you, Mr. Henosa. Mr. Kerner for the people.
>> Thank you, your honor. I hope the defendant is sincere in his uh request to change because if he doesn't, he's going to be dead or hurt someone else.
Um he's failed three separate if we take his story. He's failed rehab three separate time, failed twice, succeeded three times. I I don't think he's ready yet. I'd ask that the court fashion a sentence that focuses on punishment and deterrence and send this gentleman to the Department of Corrections. Your honor, >> thank you, Mr. Kerner. Mr. Hart, this is your opportunity to address the court, sir. What would you like to say?
>> Um, Judge, um, during this incarceration, I've taken um an honest and serious uh inventory of my past and my behaviors without any justification or excuses. I am guilty and I accept complete responsibility in this situation from from this inventory. I realize uh I have been a nuisance in the community and also a burden to society.
Today, however, I've taken an opportunity so I can begin to demonstrate the willingness to change and give back to the community for all my wrongdoings and behaviors.
Um, you know, the situations and the situations are are different today from all the other times. Um I have I've have ever been in trouble. Uh in my inventory I have applied a 100% uh sincerity.
I have placed my values are extreme importance. My family my mother's 91 years old. I need to be there to help her. And I am the only male figure to do things needed. My father and brother are deceased.
Um my sisters need to know they can't count on me also.
Um I recently retired at 63. However, I have plans to reunite into the workforce.
I have had periods of sobriety. I did well without alcohol and I completed scram tether.
Um >> you you did what now?
>> I completed the scram tether program.
>> No, you most certainly did not. You you um you tampered with your scram tether and you used cocaine.
>> Oh, >> that is not completing the tether program.
>> No, the alcohol tether. Um, I'm talking about the scram tether, the alcohol tether.
>> You mean from a long time ago?
>> Yeah, from a long time ago.
>> Okay. Not this this time.
>> Not this time.
>> Okay.
>> Um, but since that incident where you know I didn't do well with um, you know, the drug testing and everything like that. I've taken a serious look at that and I realize the need for change. I'm willing to do whatever it takes to transfer to go to programming, you know, NA and Alcoholics Anonymous, whatever it takes so I can become a productive member in the society because I want to change.
>> Have you said everything you wanted to say?
>> Um, yeah, I guess so.
>> Okay. So, you were charged with this last July, right?
>> Yes.
>> And the court revoked your bond. Um, >> let's see what the date of that was in October, right?
>> Yeah.
>> So, how many AA meetings did you go to from July to October?
>> From July to October. Um uh I didn't go to any of the AA meetings. I was meeting with um Mr. Maxwell.
Uh >> Mr. Maxwell.
>> Yeah. From um over at Pathways of Recovery. Um I was doing good for a while and then I fell off and got back into the negative environment of old associates which I am going to refrain from. because I they've been nothing but a downfall during my pathways.
>> Thank you, Mr. Hart. Well, I go through your file and this incident.
Can't prove that you were drinking and driving, but you probably were because you had a little bit of alcohol in you when they finally caught you later. Um, the police try to pull you over. They get out of the car, you take off. Um the police decide it's not safe to to continue the pursuit. So they so they break off. Um then they catch you crawling through the weeds. They finally get you and then you're charged with with a number of crimes and ultimately you pled to resisting and obstructing.
And then we get to your criminal history.
You have 12 prior felonies, 15 prior misdemeanor. you've been you've had 10 different prison sentences over the course of your life. 10 10 prison sentences.
>> And um and then while you're on bond, I would think that you would probably want to be the most behaved you've ever been in your life, knowing your criminal history and knowing the trouble you're likely to face if you weren't absolutely the best behaved you can. But instead, while you're on bond, you do cocaine and you tamper with your tether and you don't go to any AA meetings or any peer support meetings. doesn't look like you did anything but just use drugs.
So, I'm not sure how credible I find your statement that you know you're you're going to clean it up and you're going to you're going to fly right because you just haven't not for your whole life. I do agree with you where you say that you've been a menace. You just you've been trouble don't know how to help you cuz you don't want to help yourself. I'm going to apply every effort necessary to make that change and to prove that I am going to be a productive member in society. I'm not going to be associated with all people or negative behaviors. I'm going to get into AA and whatever programming is necessary.
>> Well, you just had your chance to do it and you didn't.
>> I know. I realize that, too.
>> There'll be some financial obligations, uh, Mr. heart and that includes crime victims assessment in the amount of $130, court cost in the amount of $961, a $68 state cost and $494.50 to pre-trial services. Uh the court is going to return you to the Michigan Department of Corrections, Mr. Hart, we will spend a minimum of 16 months not to exceed 24 months. Against that sentence, you'll receive a credit of 216 days.
That's not an incredibly long sentence, but it just gives us a break here from you just for a little while. Um, Mr. Tilliger, while Mr. Hart is in the Michigan Department of Corrections, please have him undergo a substance evaluation and follow the recommendations. You have some appella rights. They're on their way to you.
Please initial them, acknowledging that you received them. If you'd like court appointed council to assist you in the appeal, you got 42 days from today's date to make that request. Good luck, Mr. Hart.
take care of yourselves.
So you have Miss Jerus here along with her attorney, Mr. Patrick Allen. The people are here represented by their elected prosecutor Mr. Scott here from the Michigan Department of Corrections.
Mer was before the court last well it's not last but uh On January 16th of the year 2026, she entered a plea of guilty to possession of controlled substances offender second offense. As a result of that based convictions, the Michigan Department of Corrections to prepare present investigation report distributed to the parties to the court also received from Mr. Allen a sentencing memorandum and considered the same. Mr. Would you raise your hand with me, please? You promise that you will tell the truth, the whole truth, nothing but the truth.
>> Yes, sir. You may put your hand up, Mr. Court just referenced.
>> Yes, sir.
>> Did your attorney Mr. Allen make himself available to you to answer any questions you might have or address any concerns you may have about the contents of that report?
>> Yes, sir.
>> Did you find everything and accurate?
>> Yes, sir.
>> Thank you, Mr. Investigation report.
>> Well, we should probably change the Well, that does.
>> What about the credit? Are we good at 100 days?
>> Are we good? Yeah, we got an update.
That's awesome. Thank you, Mr. >> None, your honor.
>> Mr. St. Yes, your honor. I believe PRV should be zero points.
Mr. Allen, >> anything else?
>> Mr. >> That's correct. So, we should have 10 points for PRV for PRV6.
>> Any other changes, Mr. Mr. Total fores the same and the new agree with the math Mr. Mr. Carter.
>> Yes. Very well there.
>> Thank you.
I've had lots of conversations with my client.
I don't think anyone's beat her up.
I think she's herself down.
I think she's understand, you know, sometimes when I have clients institution doesn't think that there's my hope is that this is the way to drop the shovels.
You know, I understand the recommendation.
You know, I guess I can't argue that it given her prior record. I know as her advocate, she would like she'd like to show the court through this.
Thank you, Mr. >> Thank you, your honor. Um, I hope that she does get her life in order and also highly dangerous and addictive drug that she could end up dead. Um, it doesn't appear that she's taken a real steps towards rehabilitation as the court fashion sentence um that would give her rehabilitation in the Department of Correction. Thank you, Mr. This is your opportunity. Address the court. What would you like to say?
Your honor, I want to apologize to the court for bringing drugs into your county. Um, you gave me a chance and I screwed it up. I wasn't strong enough at that point. Um, I know that my bad decisions hold bad consequences and I'm 100% 100% hold myself accountable for whatever you sent me to today. Thank you.
We look at your record. You've been to prison before.
felonies, 11 misdemeanor. Um, you've been sent to treatment a number of times. You've never completed it. Um, but I still had hope for you. I still I still had hope. Um, at your at your plea, I remember January, your attorney said you were lodged.
Your attorney said, "Look, uh, I've got a ticket, one ticket, one ticket. client in a bed at River. Um, it's very unusual for for me to let somebody out on bond before sending to go to treatment.
Usually, I'd like to get a preset investigation report and know where everybody is before I I would approve of of inatient treatment, but your attorney had a bad reserve for you ready to go and I took a chance on you and there was an exchange between the three of us.
Your attorney says Kelsey has been approved to come to River.
Miss Jerus, the court said, I'm going to give you a bond. I'm going to let you out, but you must understand something that's very, very important. Do you hear your estimated guideline range? You said yes. I said, what does that mean to you?
You said I could possibly go to prison.
I said you could possibly go to prison.
Yes, you can with individual second.
Yes, you can get there. So, it's really really I'm still reading. It's really really important that you take advantage of this opportunity that I'm going to give you today to go to treatment and don't go to the drug house. Do you understand? Yes.
I said it may be shortterm fun, short-term great, but at the end of the day, you're going to end up back here and it's not going to be good. So, you have to go to treatment and you have to make that the best decision for you and your child, right? Because you have a child. Do you understand? Yes.
If you don't, it will most likely be the Department of Corrections. Do you do you understand? Yes, I do.
And your attorney even said, "Look, no funky out. They tell you whatever to do, you got to do."
And it didn't you did go to the drug house presumably because we don't know where you went. picked up on a bed and so I can't help you, Mr. If you don't want to help yourselves, I just can't. I really would love to. You need it, but I can't trust you. Just can't trust you.
There'll be some financial obligations includes a crime victim assessment in the amount of $130. Court cost about $961. The $68 state cost is ordered by the court and I think the Department of Corrections recommendation is reasonable and the court will follow it today. You will spend a minimum minimum of the Michigan Department of Corrections not to exceed 72 months against that sentence to receive credit for 100 days.
Uh 12 please ask Michigan Department of Correction undergo a substation and have her follow the recommendations.
>> Yes.
>> You do have some rights. Mer you please form acknowledging that you receive the same. If you would like the council to assist you with an appeal, you got 42 days from today's date to make that request.
>> Mr. Mr. Mumford then is before us along with his attorney, Mr. Johnson. The people are here and represented by their elected prosecutor, Mr. Kerner. Agent Twilliger is here from the Michigan Department of Corrections. Uh Mr. Mumford back on April 2nd, 2026, entered a plea of guilty to count one of the then existing information retail fraud first degree and count four, fleeing and eluding fourth degree. As a result of those pleas, the Michigan Department of Corrections did prepare a pre-sentence investigation report distributed to it to the parties and to the court. Um, a sentencing information report and then a pre-sentence case summary from pre-trial services. Do you receive that pre uh sentencing case summary, Mr. Johnson?
>> Yes, I did.
>> Thank you. Mr. Mumford, would you raise your right hand with me best that you can? Do you promise that you will tell the truth, the whole truth, nothing but the truth? So, help you God.
>> Yes, your honor.
>> Thank you. You may put your hand down.
Mr. Mford, did you get a chance to review the pre-sentence investigation report that the court just referenced?
>> Yes, your honor.
>> Did your attorney, Mr. Johnson, did he make himself available to you to answer any questions you might have, address any concerns you may have about the contents of that report?
>> Yes, your honor.
>> As you read through the report, sir, did you find everything in it truthful and accurate?
>> Yes, your honor.
>> Thank you. Mr. Johnson, have you had a chance to review the pre-sentence investigation report?
>> Yes, your honor.
>> Do you have any changes you'd like to see made to the body of that report?
>> No, your honor.
>> Thank you. Mr. Ker, have you had a chance to review the PSIR?
>> I have.
>> Any changes you'd like to see made to the body of that report? Uh, none to the body, your honor.
>> Let's stay with the people then and take a look at the scoring as contained within the sentencing information report. Mr. Ker, do you have any challenges?
>> Uh, yes, your honor. Um, defend u PRVs.
Um, we believe that PRV 7 should be 10 points.
>> Mr. Johnson, >> no objection, your honor.
>> And that's based upon the subsequent felony, your honor.
>> Pardon me.
>> It's based upon the subsequent felony.
Two two or more felonies >> for sure. Channel sustained uh agent to you give us 10 points of PRV7.
>> Yes, your honor, >> Mr. Kerner. And then with the that's all for the PRVs for OV19 we believe should be 10 points for obstructing justice by fleeting the police.
>> Mr. Johnson response.
>> No objection on it.
>> That'll be sustained as well. Asian Twiller uh give us 10 points for OV19.
Mr. Kerner.
>> Uh that would be the extent of our challenge.
>> Mr. Johnson, do you have any challenges to the SIR?
>> Uh OV13. We ask scored at zero.
>> Mr. Kerner, >> he's correct.
>> He is correct.
I don't think we can find two other felonious acts within five years. Agent Twiger, that challenge is sustained zero points in OB13, please.
>> Yes, your honor.
>> Any other challenges, Mr. Johnson?
>> No, sir. Your honor.
>> Thank you, Mr. Twiger. Add them up.
>> Uh, takes the the new PRV total now will be 32, which takes it to a level D. Um, after the changes to the OVs, the total stays the same as does the level at a level two. um sensing guideline changes to 7 to 23.
>> Do you agree with the math, Mr. Johnson?
>> Yes, sir, your honor.
>> Mr. Kerner.
>> Thank you, your honor. Yes, I do.
>> Very well then, Mr. Johnson, if you're up to allocation.
>> Yes, your honor. First, I I'd just like to point out to the court. Uh my client did uh enter a guilty plea to these to these matters. Uh retail fraud is a felony uh because of the dollar amount and he also receives aggravated points under OV16 because of the dollar amount.
We would like to remind the court of that and also you know fleeing and looting is a felony but he's also receiving aggravated points uh under OB19 for interfering with administration of justice. So I know the court of appeals has has disagreed uh with me and other defense attorneys but he is being well his punish is being enhanced at least they don't consider double jeopardy but it's being enhanced at least for conduct that is also part of the sentencing offense. Now with that being said uh Mr. Mford in in talking about in trying to get prepared for today's allocution. I think one of the hardest things you can do is look at a report of your behavior uh over a period of time and try and you know justify that behavior. And when you look at this report I mean the very first thing that stands out are the just amount of benches >> 14.
>> Yes. Sean and you know when I talked to Mr. muffled about that. You know, the first thing that just comes to his mind is just just immaturity, right? Uh and just the fact that well, these counties or these jurisdictions are too busy to come get me, so I'm not going to take care of this. And that that is just a level of of immaturity that I think builds up over time and you don't see it occurring until you're in a position where Mr. Munford is, you have to look at it. And I think that bled right into the struggles uh that he had on, you know, being monitored via pre-trial services, which wound up in his bond being revoked. But since that time, you know, I've had an opportunity to talk to him about just not doing these simple things that can just put you in a more positive light uh when you are, you know, trying to address a court and doing those little things that lead to a path of maturity. And then we get to the sentencing offenses and I think Mr. Munford acknowledges uh and I think he's prepared to acknowledge the court that that first this was this was stupid just in terms of criminal activity. It was not well thought out. It was not well planned. No chance of success. It is just ripping and running, you know, at its worst, your honor. Uh and think he understands that. And when we're looking at and what the court has to look at is one, what what should the punishment be? And it's uh stratel sanction. So there's a variety of punishments available to the court. The court has to deem what is reasonable. I think the recommendation listed by the probation department is reasonable and the court should follow it. This is a young man that has to get employed.
There is no reason uh you know with his level of intelligence and his you know ability able-bodied man why he can't get a skill trade and get into you know one of those skill trade jobs in which people don't necessarily check background records when the the plumber comes I don't check his background you know I didn't check the background of the roofers those those are things that he can do that would make would have netted him more money than this and he would stay out of a file of lawyer uh I do think he has the ability for rehabilitation.
A punishment uh and an incarceration punishment is reasonable and fair based upon, you know, his record, the amount of bench warrants and what happened here. But we think the probation department got it right with the nine months. And we'd ask the court to follow the nine months and sentence him to probation. And he knows if he violates this court's probation. I've told him if he violates this court's probation, he is going to prison. Uh that's not the question. The only question is for how long?
All right. Thank you very much, Mr. Johnson. I appreciate you, Mr. Kerner.
>> Thank you. Um, your honor, I would disagree with the characterization that he's immature. He's had a chance. Um, he had Haida status and violated I can't I'm not sure exactly what the ultimate result was, but he violated two or three times while he was on Haida for being immature. Um, his codefendant in this matter um is serving a term in the Department of Corrections, and I believe that he should be treated equally as same. I'd ask that the court, as I did in the last sentencing, send a message to people that um that they can't come and steal from our businesses in this community and focus a sentence that focuses on u punishment and deterrence and rehabilitation while in the department of corrections, your honor.
Thank you.
>> Thank you, Mr. Garner. Mr. Mumford, then this is your opportunity to address the court, sir. What would you like to say?
Five.
I would like to start off by saying I am truly sorry for the crimes I have committed. I apologize to my family and also to the court. It has taken a toll on my family and this has also taken a toll on me. This have been the longest I have been locked up. I had more than enough time to think about what I did and how stupid it was also and what I need to do to change my life around.
It's not too late. I have been going to church every chance I get, trying to repent all my sins, leaving the old me behind. So when this is over, I will be a new man. Job-wise, I have talked to my manager. And when I get out, I do have the same job waiting for me. My support system has come together and put a plan in motion so I don't end up in this situation again.
The time I spent in in your jail was my learning lesson. I don't want to be here, and I'm scared of what could have happened if I didn't find myself during this time. I have been in here jail and hearing my guidelines knowing how close to prison I am opened my eyes and I want to do better. I don't want to end up in prison. I want to work a job and be a better man for myself and also my kids.
I started my plea by mail to work on my holds and I'm truly sorry for everything. I hope you can give me another chance so I can prove to you that I'm worth another shot. Thank you.
>> Thank you very much, Mr. Mumford. So you and your codefendant came to Shyasi County and went to Dunhams and stuffed your pockets full of ammunition and then left. You were being pursued speeds up to 100 miles per hour. 100 miles per hour down M21. Very busy, very dangerous.
Then you were caught um entered your plea and I get a chance to look at your look at your background and none of your prior convictions were here in Shawasi County. Um, I look back to 2017. You were convicted of a carrying a concealed weapon. I don't know if it involved uh retail fraud and that was the result of the plea. I don't know, maybe. But you were given Homes Youthful Training Act.
You violated that. You lost that. No jail.
>> And then in 2020, there was another uh carrying a concealed weapon. Again, I don't know if that involved uh stealing uh the same pattern that you're that that you've done here. I'm not sure.
Maybe. But you only now you only got three days in jail. And then in 2023, again, not here, you're convicted of carrying a concealed uh weapon and retail fraud, which was the same thing as this. It was the same exact thing.
And you got five days in jail. Five days in jail. That's it. So over the course of three felonies, maybe the same thing, you did a total of eight days in jail. And and the background of all that is you got 14 bench warrants that you failed to address. Now, I get your attorney's point that the jurisdiction didn't want to come and get you, but I see it differently. That's 14 different instances where you've been accused of a crime that you failed to address. 14 times. And I get the immaturity thing, but you're 27 years old. You're not 19.
You're not 20. I think you know better.
I think that um the problem here is that you've had no consequences for your actions. None. Nobody uh told you, Mr. Mumford, this behavior isn't appropriate.
And it just spiraled. Then here you are.
There are some financial obligations you'll need to meet and that includes a crime victim's assessment in the amount of $130.
Uh court cost in the amount of $961.
$136 as a state cost and pre-trial services is owed in your order to pay $529.
And there there will be a sentence to the Michigan Department of Corrections for you, Mr. Mumford, and that'll be a sentence that you'll serve a minimum of 23 months not to exceed 60 months.
Against that sentence, you'll receive credit of 69 days. That's for count one.
Count two will be a minimum of 12 months, not to exceed 23 months. And again, that sentence on count four will receive credit of 69 days. You have some appella rights. Mr. Schmidt will be along to to show them to you. Please initial the form acknowledging that you received them. If you'd like court appointed council to assist you with appeal, you've got 42 days from today's date to make that request. Best of luck to you, sir.
>> Thank you, honor. Before you today on State versus Thomas Tordella, files 26 224 and 26 CR225 are here today for sentencing. State of Ohio's pre-sentence investigation report and is prepared to go forward. Thank you, Mr. Moi.
>> Thank you, your honor. We are ready to proceed.
The honor, Mr. Tutterella is 61 years old. Um, after talking to him and reviewing his precinence report, he certainly has had uh a challenging life to say the least. Starting with his childhood, um, there's an indication of um, things were not well in his household. Um, I think there was some mention in there about uh being exposed to alcohol uh back when he was very very young. Um, he's been exposed to drugs his entire life, your honor. Uh, as it relates to the facts of the cases that bring us here today, driving under suspension, those stem unfortunately from an aggravated vehicular homicide um for which he served what nine years uh in in prison. Your honor, he was in prison uh times before that. So, he's no stranger to the prison uh system and the prison culture. Your honor, he'd like to do something to to rectify that hopefully with the um the fact that he he was driving. I think in one of these cases, he was going to get something to eat and helping a friend move a vehicle.
Uh but as he has stated to me and I think he's put in his presentence report as well um uh just as uh the the the unfortunate victim in the vehicular homicide can never come back to life.
Neither should his driver's license and he wants to be cognizant of that fact and he's well aware that it is a lifetime suspension and he needs to take that very very seriously. He's also relayed to me that while uh he's been in the Lake County Jail, um he's uh been uh informed that he has some sort of a heart condition for which he's prescribed some type of heart medication. He also receives lithium at the jail. Um he's been under the care of of Crossroads and has had depression and anxiety. These have been struggles uh throughout his life, your honor. Um, not only that, due to the the friction and uh issues in the home, it appears he's only obtained a fifth grade education. I don't think anyone else in here can even imagine what what that would be like.
It's not even the issue of get going through eighth grade or ninth grade or uh but he hasn't even obtained the abilities that we take for granted such as reading and writing. I'm sure that has made life frustrating and difficult uh for him as well. So, uh, he does indicate that if he were to be placed on community control, which is what he is asking for by this court, that he would go to 1062 Woodstock Road in East Lake.
There he has a friend named Anamarie.
Um, and uh, he would he would stay with her. He has some things there. Um he would abide by all the the conditions uh that the uh court probation department uh the rules and conditions that would be prescribed for him um including uh not driving. Uh he wants the opportunity to demonstrate to the court uh that he can lead a law-abiding life despite what indications uh might be gleaned from a review of his pre-sentence report. Your honor, thank you.
>> Mr. Toella, what do you want to tell me before I impose sentence?
>> I'd like to say first of foremost, judges, I'm ashamed to be in front of you again.
Uh I do know the significance to driving under a lifetime suspension.
I did, you know, I I I got a charge for agar homicide many many years ago and a person that was uh dear to me died and uh because of that the judge imposed 9 years out of Kyhoga. It was a Kai Hogan judge.
Along with that sentence was a lifetime suspension.
And I didn't realize at the time what that suspension means.
Donna died. Donna escape actually died from a decision I made, your honor. And I was granted my life back, my freedom.
Therefore, my driver's license must stay to the world of the dead. Also, I also realized when a Kyhoga judge imposed that kind of suspension on me and I took for granted it was disrespectful to that judge.
And with respect to this court, I'm going to say it the way I feel it. I might as well just went ahead and slap the damn judge in the face.
I didn't know that then. I didn't realize that then, but I understand it now. And as far as that van, I could care less about it.
I could show the court more that I could complete probation. No dirty urines, no catching cases.
Whatever this court imposes on me, I will do.
The stuff that my attorney has said to you is all true. You know, um I also want to indicate to you at my age, I let a demon go many, many years ago, judge, I don't want to find that demon again to survive being in the penitentiary. I don't have the health I used to have. And if I could be just given another shot to prove myself, I think that I can make this court proud.
I will make the court proud. That's all I have to say, your honor.
>> Mr. Gri, >> thank you. State of Iowa trust court in a sense. that's appropriate and consistent with what other you're thinking.
>> All right. I've reviewed the uh the precent report. You've got a a long history felony criminal offenses, serious F1s and F2s. Went to uh prison on under one number on three separate burglary cases for three and a half years in ' 86 to 89. went back on a robbery in uh 94 until 01. Couple months later, picked up a kidnapping in the Felonius. Went to prison from 02 to08.
December of08, December 1 of08, December 25th of '08, an abduction, assault, went to prison for that for included in that was the vehicular homicide, aggravated vehicular homicide.
So, so he went to prison for uh 8 and 1/2 years, lifetime suspension, got out December 22nd of 17. So, eight nine years. Nine years you were locked up on that.
Put on parole, caught driving under suspension in June of 18. So, 6 months after you got out in Menor, you were given a verbal reprimand, whatever the hell that means, by parole. And then in January of 21, another driving under suspension, they uh parole authority ordered you to uh follow all court orders and obtain your driver's license.
So, they weren't paying attention to much of anything as usual. February of 21, you pick up a aggravated trafficking here, put on probation, violated for methamphetamine, and then uh now we got this October 18th of last year, driving under this uh suspension, this lifetime suspension. Less than four months later, driving under suspension again in East Lake. Both in East Lake. In ' 09, you were given a lifetime suspension and four times since then, you're driving under suspension for some reason because you wanted to drive. I Yeah, I mean, that's the only reason is because you wanted to. So, you talk about following court orders, you don't follow orders. You just you wanted to go to McDonald's to get something to eat. So, you went to McDonald's to get something to eat.
>> I never made it to Well, McDonald's.
>> That's where you were going. So the the only reason you the reason you report you got in the car is you wanted to get something to eat and you got picked up.
That was the second time. So So you just keep doing it.
>> Not anymore, judge.
>> What?
>> Not anymore.
>> You didn't what?
>> Not anymore, judge.
>> Not anymore.
You You got a lifetime suspension for causing somebody's death for which you served nine years in prison. Yes. And since you got out of prison, you got caught driving under suspension four separate times.
>> I'm aware of that, judge.
>> All right. Well, I'm just I want to make sure that you understand that cuz you're telling me you won't do it anymore.
>> I won't. I promise you.
>> I I don't understand why you did it the first four time. I'm sure you did it more than four times. You just got caught four times.
>> I only had the van for three months.
>> Why did you buy a van if you had a lifetime license suspension?
to be honest with you to stay in it.
>> Okay. Well, then you shouldn't have driven it. I I don't know what to tell you. I I don't I don't know what to tell you.
>> Let me show you, Judge.
>> What?
>> Let me show you. Please.
>> What?
>> Please let me show you. Please.
>> You showed me everything you could show me when you're driving.
>> I understand that. Please, Judge.
Please.
I'll show you. I swear I'll show you.
>> All right. I have considered all the provisions in 29 29 11 12 and 13.
And with the most disturbing, you know, the most disturbing thing about this case is not necessarily your record.
It's horrible. Okay. But despite the fact that it was horrible, I gave you a break in 21 with the drug case.
And now here here you are again. Here you are again.
>> Judge, I will not disobey the law. I'll follow any instruction, please.
>> And and you don't you don't you don't follow instruction or you wouldn't have been out there driving. You don't follow instruction.
>> I will please.
>> You don't. Okay.
>> I didn't.
But I will, please, judge.
>> So, I'm going to find you're not amunable to community control.
On the 26 224, I'm going to sentence you to 12 months in prison.
On the 26 225, I'm going to sentence you to 18 months in prison.
Those sentences will be consecutive to one another.
And I find that consecutive service is necessary to protect the public from future crime and for the appropriate punishment. And it's not disproportionate to the seriousness of your conduct and the danger you pose to the public. And your history of criminal conduct demonstrates they are necessary to protect the public from future crime by you. They'll give you credit for 86 days.
When you get out, you might be on postrelease control for 2 years under the parole authority.
If you are placed on postrelease control, they'll place conditions on you. If you violate the conditions, parole authority can return you to prison for up to nine months for each violation, up to one half of my sentence. If the violation is a new felony, you could get an additional consecutive prison sentence for the violation, the maximum of which is the greater of 12 months or the time left under postrelease control.
Costs are assessed. Anything else, Mr. Gri?
>> Yes, your honor. and 225. It'll be the forefeerture in the vehicle as per the uh forefeiter spec.
>> That vehicle's forfeooted. Anything else?
>> Nothing, your honor. Thank you, Mr. >> Moy.
>> Nothing, your honor. Thank you.
>> All right.
And that, ladies and gentlemen, is how the cookie crumbles. Do I not? Oh my god, I did that thing again.
You know, when you're a host who has a video thing going, hey, look at that.
That's a little program.
That's what that is. That's called face room. That's where the wolfie comes from. Look at that. You got all the little uh buttons up here at the top you don't normally see. Yeah. Little peek behind the stage there for you, ladies and gentlemen.
Wait, what? No way. Do it. Go away.
Come on. God. All right.
It's enough messing around.
We've done all the messing around we can do for a day and I've just sat here and not paid attention to any of the things I was supposed to do and get ready for the end of the show. But I did get Wolfbot channel started. I did do that and I I I had a lot of fun chatting with everybody in chat today. That's really what had me uh distracted more than anything else. Ladies and gentlemen, we started things out with a bang from Judge Stevens who just, you know, it's another one of those circuit court, you know, felony court situations where you get all the serious things.
But then, you know, we we couldn't just leave it there. had to go to Wiggins and then to Stewart all the way to Oddonnell. We stayed in our we stayed in our felony court all day long. So we little we wind things down, cool things off a little bit. We're going to go over to the other channel. We'll check out some Fleer Fridays.
Flyer Fridays all day on Saturday today.
Thank you so very much to the VIP supporters. Legal Keys, Math Girl, Larry Faze, Nina out of the blue, Telvito, Michelle. Thank you all so very much.
And all my regular supporters, all you guys who are just hanging out and chatting, maybe even lurking. I can't read these names that fast. Math girl, bet I Oh my god, Shiloh. I can't say let go of the rope. It's not worth it. It's not worth it.
Is this bat boy back? Steven, I know you're here. Ne coffee, that's me.
Katie, great to see you as always.
Donaldoy, Mie Marty, get the last word in. Eileen, great to see you as always. Is it Is it time for Max yet? Is it time for Nope.
Nope. It's time.
It's time, ladies and gentlemen.
It's time for Ferris Wheeler's day off.
Oh. Well, well, Lone Wolf's bay off.
Actually, I got a premiere coming up later on tonight at 8:00 p.m. Central time. So, come on by and check it out.
I'm not quite sure what it's going to be yet. I was just looking over the material that we have. I've got some things to consider, but I can assure you it will be fun. Will be interesting.
Probably might not be 2 hours long.
Might be more like an hour. We'll see.
I can't decide who I want to do this Johnson one or not. Anyway, I'm your lone boo and I Yeah, I'm out. Thank you very much, guys.
Oh, you thought I was going to forget it. Happy Mother's Day, Mom.
Hey, make make sure you uh Mother's Day your mom if it's something you care to do or want to do. I ain't telling you you got it. All I'm saying's day off. Good movie. I got nothing else.
Get out of here.
Mother's Day. It's taking up the rest of the weekend for me. Mom is the most important. Go get.
Thank you.
Bye.
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