"Fraud & Past Crimes SEAL Fate – Judge Raquel West DESTROYS Defendant!"

Added: 2026-05-31

[00:00:00]All right. 23 DCCR0319 on Lupe Gomez. I've got Mr. Nichols here for the state. Mr. Radford is here. Sir, you um Lupe Gomez.

[00:00:12]>> I'm sorry.

[00:00:13]>> Is your name Lupe Gomez?

[00:00:18]>> What?

[00:00:19]>> Third party intervener crossplitation and not general parents.

[00:00:26]>> Can you do this? Can you uh come around and have them so I can see better? Um >> you want to talk?

[00:00:34]>> Yeah, y'all can all come up here.

[00:00:38]>> Okay.

[00:00:39]>> I have a couple questions.

[00:00:40]>> No. Well, hold on. You don't get to ask questions. I'm going to ask the questions. Mr. Mr. Gomez can happen until all parties that are identified enter the record.

[00:00:48]>> All right. So, Miss um going Mr. Tell me again who you are. Who do you who are you saying you are? noncorpate third party intervenor here by special restrictive visitation and not by general appearance under duress by the means of threat cores and kidnapping.

[00:01:02]>> Okay. Have you ever been known by the name of in the past Lupe Gomez?

[00:01:08]>> Will you state your name for the record, please? Can we order the prosecutor to state his name for the record? And do either one of you have a claim against me?

[00:01:16]>> We do have a claim against you. My name is Raquel West. I'm the judge of the 252nd District Court. This is Mr. Luke Nichols. He's one of the assistant district attorneys in my court. Mr. Radford is here representing you. There is an indictment. There's a motion to quash that does identify you as Mr. Lupe Gomez. And I'm going to make the finding at this time that you are for purposes of this hearing. Lupe Florencio Gomez.

[00:01:39]And we're going to go forward with the motion to quash. Um Mr. >> What's a motion to suppress it?

[00:01:45]>> Motion to suppress. I'm sorry.

[00:01:47]>> Let me get that pulled up. I have a motion to quash as well. Correct.

[00:01:53]Yeah, we do.

[00:01:55]>> Hold on.

[00:01:56]>> I think that's a pro motion.

[00:01:58]>> Okay, so we're here on Mr. Radford's motion to suppress. Let me find that one.

[00:02:04]>> It's okay. I'm looking.

[00:02:08]>> Well, while you're doing that report agency registration statement, >> my what?

[00:02:15]>> Are you refusing to do so?

[00:02:16]>> I am.

[00:02:17]>> Okay.

[00:02:19]Here we go.

[00:02:25]All right. So, Mr. Radford filed it's a entitled motion to quash and or suppress evidence. And that's why I was confused because it just showed the first part and 23 DCCR0319.

[00:02:37]This was filed um April 29th of 2024.

[00:02:41]And Mr. Nichols, uh you may call uh your first witness with regard to the suppression. State calls officer Chad Morrison.

[00:02:49]>> Would you please call the name?

[00:02:50]>> Indicated he is on uh injury leave at the moment and would not be appearing for this hearing. He was also uh on injury leave and was unable to appear last time we were set for this hearing approximately two months ago maybe in May. Uh so at this point the state has no other option but to but to rest in this hearing and present no other evidence.

[00:03:12]>> All right. Anything Mr. Raffford?

[00:03:15]Well, based on that, then unfortunately I have no choice um at this point, which is unfortunate that the officer won't comply with showing up, but I'm going to grant the motion to suppress evidence in the case um based on the fact that there's no evidence today uh presented.

[00:03:33]Is there anything else, Mr. Radford? Uh >> I would ask that the court dismiss the case, but I think Mr. Nichols is already preparing that.

[00:03:40]>> I'll dismiss with the court.

[00:03:41]>> All right, Mr. Gomez. Um, I have granted Mr. Radford's motion to suppress because the officer didn't show up. Uh, what that means is there's obviously no evidence that would be able to be presented in your case. Mr. Nichols, it looks like, is going to present a a dismissal based on the fact that there won't be any evidence and I'm going to sign that. Your case will be dismissed. You can go back with the bail.

[00:04:03]>> The bond money being the case been dismissed. Bond money needs to be returned.

[00:04:07]>> Is did you pay a cash bond?

[00:04:10]>> But you're back in custody. You're right. I still pay in case of this.

[00:04:15]>> Yeah, I that that you can take that up with the district clerk uh once you're released.

[00:04:20]>> All right.

[00:04:23]>> I be excused.

[00:04:24]>> Yes. If you'll please get me an order.

[00:04:26]I'm going to make a notation on this, but if you'll send an order.

[00:04:29]>> I'll try to file one this afternoon.

[00:04:31]>> All right. Thank you. Mr. When did you smoke pot?

[00:04:39]Why would you do that when you know you're coming to court for a secondderee felony offense?

[00:04:47]>> They never tell.

[00:04:49]>> It's common sense that you're on bond for a felony and you're coming to felony court. No one should have to tell you to follow the law, right?

[00:04:59]I'm going to raise your bond for it is a bond condition that you follow the law.

[00:05:04]So when you made bond, part of your conditions was that you follow the law.

[00:05:08]You haven't followed the law. I'm going to raise your bond in your case. What was the bond that you made?

[00:05:15]>> Let's see if I can figure that out.

[00:05:21]>> How old are you?

[00:05:22]>> 27.

[00:05:23]>> Yeah.

[00:05:24]I never made any mistakes since I quit this. I paid all the time. Came to court on time.

[00:05:31]>> You have Are you working? I just lost my job recently for transportation.

[00:05:36]>> You know what I'm saying? I have a newborn, man. My daughter's three months. I'm trying my best.

[00:05:39]>> You're trying your How are you do? What are you Hold on. What are you doing to help your child that's 3 months old by smoking marijuana? Because if you go try to get a job and you test positive, you can't get a job. How's that going to help your daughter?

[00:05:55]So, you are making mistakes. You're making ridiculous choices. You can go to prison in your cult. Don't talk over me.

[00:06:04]You can go to prison for up to 20 years in this case. And to take a chance while you're out on bond when you should be trying to get a job and instead you're out smoking pot. You're not taking care of your daughter.

[00:06:19]Am I correct?

[00:06:20]>> Just anything like at all. I'm going be honest. I know I shouldn't have been smoking, but in my head I'm saying, "Okay, I'm not going for a drug charge.

[00:06:27]I have five drug charge." I didn't know it was a possibility that I would get.

[00:06:31]It's not a problem for me this person.

[00:06:33]It's not. I cut hair tattoo. The bun's been paid on time. Come up. I'm not a bad person. Okay.

[00:06:39]>> I just thought you not.

[00:06:41]>> But here's the thing. If you can take care of all those things, then you can also hire a lawyer.

[00:06:46]>> Just stop working. I could have had a tattoo on I just stopped working just my daughter. I was working as certified.

[00:06:55]So, but there's other companies out there that you could be looking to get a job and they're not going to take you if you're testing positive.

[00:07:04]So, I'm not saying you're a bad person.

[00:07:07]Most of the people here that are in front of me aren't bad people. They're people who are making very bad choices, which is what you've done, right?

[00:07:16]Probably on more than one occasion. So, if you don't have problem doing that, I mean, you we've got a couple things going on here. Number one, if you were working for Zachary, I'm not real sure why I appointed you an attorney. Back when >> Okay, so you should already, if you have all those certifications, there are other companies out there. You don't have criminal history right now. You should be able to get a job.

[00:07:43]>> A felon robbery. I'd like to point out to the court when he was on probation for that robbery, one of the allegations on his motion to revoke for which he was revoked and given 10 years was uh two positive samples one for tetra after all the other for so he at least has some problems with with noises.

[00:08:05]>> Well, you just said you never had any drug problems.

[00:08:08]>> I never said >> nine years ago >> I was a baby. I don't remember. and you've been >> okay, but you're but now you're not a baby and you're still making the same bad decisions. So, listen, here's what we're going to do. If you if you want to really do what you say you can do, then you're going to get out there and you're going to get busy and you're going to do it. Otherwise, you're going to be in jail. Couple things. Your bond conditions are modified to order that you have a drug patch. You get that drug patch within 24 hours. The initial drug patch obviously is going to test positive, but it shows me quantities, not just that it is, but it's going to qualified on how much is in your system.

[00:08:45]Every drug patch, you get it changed every two weeks. If you miss one, if you uh test positive, obviously, then you're going to have a warrant for your arrest and you're going to go back to jail. Do you understand? If that amount is not going down, you will be back in custody.

[00:09:01]In addition, you will uh go find a job.

[00:09:06]You will prove to me uh that you are doing that uh you need to get apply for at least three jobs a week. If probably you mean you need to be applying for 20 jobs a week. If you really want to take care of yourself and your child, then you should be out there hitting the pavement every single day finding a job.

[00:09:24]Clean up. Test negative. Go get a job if you have these certifications. proof that you're not still 16 and making those stupid decisions. All right. Um, I'm going to reset your case. You need to stay in touch with Mr. Lewis. I want proof by tomorrow that you have the drug patch. Mr. Lewis, your bondsman can let you know where you can go get that on.

[00:09:49]>> Soon as you leave here, call the bondsman. Actually, before you leave, the probation officer has a list of places that has it. She's going to give it to you right there at that desk.

[00:09:57]She'll give you a list. You need to go get that on. You need to get a job, start making some money, and potentially be hiring your own attorney. Right now, Mr. Lewis is going to remain your attorney, but I want you to be working on all of those things. Take care of your business. All right.

[00:10:12]>> Thank you, sir.

[00:10:13]>> All right. This is your only choice chance on this kind of stuff.

[00:10:16]>> Okay. You're free to go.

[00:10:18]>> Thank you.

[00:10:20]>> Good morning, sir. Are you Elm St. Clair?

[00:10:22]>> Yes, ma'am.

[00:10:22]>> Are you sick?

[00:10:26]>> What What's wrong with you?

[00:10:29]when >> okay >> like all right so Mr. St. Clair and cause number 23 DCCR >> should be four cases >> 1390.

[00:10:47]You're charged with the secondderee felony offense of aggravated assault with a deadly weapon from July 15th of 2023.

[00:11:03]What that means, sir, is that if you go to trial and you're found guilty, the range of punishment would be between 2 years and up to 20 years in prison. Do you understand?

[00:11:12]>> And then in clause number 23, 2117, you're charged with a first-degree felony offense of aggravated robbery from August 15th of 2023. And in that case, what that means is that if you go to trial and you're found guilty, the range of punishment would be between 5 years and up to 99 years or life in prison. Do you understand that as well?

[00:11:42]>> And then in cause number 23 02044.

[00:11:56]You're charged with a first-degree felony offense of aggravated robbery from August 15th of 2023. Again, that has the same punishment range if you're found guilty, which is between 5 years and up to 99 years or life in prison. Do you understand?

[00:12:09]>> Yes.

[00:12:10]>> And then finally, in cause number 232043, you're charged with unauthorized use of a vehicle, which is a state jail felony offense. And that is from July 11th of 2023.

[00:12:24]And what that means in that case is that if you go to trial and you're found guilty, the range of punishment would be between 6 months and up to two years in a state jail prison. Do you understand?

[00:12:35]>> In each of these cases, I have here on the computer some plea bargain rejections that you have signed with Mr. um West that shows that the district attorney's office has made an offer.

[00:12:45]Okay. Um so is it what's the be a 25-y year cap in both of the aggravated robberies? We had offered or discussed to dismiss that aggravated assault based on a plea in those properties as well as the UN rejected that we went ahead and did a rejection of 20 cap and that aggregated but it was my original position to dismiss.

[00:13:07]>> So Mr. Sinclair I want to make sure you understand it looks like what you have signed with Mr. West shows that the state's offer was for you uh to if you wanted to enter a plea of guilty to the aggravated robberies for a cap of 25 years, which means you would be leaving your punishment up to me. I could sentence you to 25. I could sentence you to less. It would depend on the information that was brought to me at a sentencing hearing. Um and the agreement would have been to dismiss the unauthorized use case as well as that um assault aggravated assault case as well as some misdemeanors. Um, if you go forward with trial on these cases, we'll go uh dependent on how this all goes.

[00:13:47]Um, because the offense dates from the aggravated robberies and the um they're two the same dates, but then that aggravated assault and unauthorized use are from a different date. And what that means is that if you're convicted on those cases um and sentenced by a jury, I could then stack those punishments on top of each other. And I don't know if I would do that or not. It would depend on the information that I saw during those trials. Do you understand?

[00:14:15]>> Yes, ma'am.

[00:14:16]>> Do you want to reject those offers and have all four of your cases set for trial?

[00:14:21]>> Yes, ma'am. I'm trying to get a lower offer.

[00:14:26]>> I pull that down a little bit. I said, "I'm trying to get a lower offer."

[00:14:29]>> So, here's the thing. You don't We're not negotiating anymore. Okay? The offer, Miss Mino just stated that the offer is what the offer is. And unless there is some new information that is received after today, I will not accept this offer after today. So, today the day to either accept this offer or your cases will go to trial or it will be to some offer that's different, higher or to me open. um unless there is some again new information that no one knows about and is there any reason to think there would be any new information?

[00:15:02]>> No judge and what my position was in offering the cap that Mr. Quest and I discussed was to allow Mr. St. Clair to ask the court for probation.

[00:15:11]>> So you understand if you plead to a cap I can do again anything from probation up to 25 years in prison. I know nothing about your cases at this point. So, I don't want to give you some false sense of, yeah, plea open to me and you're going to get a probation. I don't know.

[00:15:27]You could plea open to to or to cap the 25 and I could give you the 25. I could give you somewhere in between. I can consider probation. I just can't know those things. But right now, because I don't have any information. And if you did that, what would happen is if you wanted to enter a plea and take that deal, then we would reset your cases for sentencing. Um, we would get >> I ain't do what they said I did.

[00:15:49]>> Well, if you didn't do it, that's what a jury's for. So, we'll get them set for trial. Okay.

[00:15:53]>> All right. Go back with the baiff. We'll get them set for trial. Thank you.

[00:15:57]>> Good morning, sir. Are you Chad Holland?

[00:16:00]>> Yes.

[00:16:00]>> And Mr. Holland, Miss Manaldi's here. I know she's visited with you this morning on behalf of Mr. Garson. Are you fine going forward um with your plea this morning with Miss Manaldi?

[00:16:09]>> Yes, ma'am.

[00:16:09]>> Thank you. And will your client wave the formal reading of the um indictment?

[00:16:13]>> Yes, sir.

[00:16:13]>> Proceed on counts one and two. Count one is the the offense that you're charged with, which is fraudulently securing a document by exception or ex, I'm sorry, by execution, and that's from December 30th of 2023.

[00:16:30]Count two alleges you were previously convicted of burglary of a habitation March 15th of 2004. And how do you plead to that charge?

[00:16:39]>> And is that prior conviction true?

[00:16:43]Did you enter your plea of guilty and truth freely and voluntarily? I did.

[00:16:47]>> And because you actually did what they charged you with.

[00:16:50]>> I have here on the computer some documents that have your signature on them that the states marked as exhibit number one before you signed these. Did you go over them with Miss Manaldi? Yes, I did.

[00:17:00]>> And do you fully understand them?

[00:17:02]>> And do you understand if I follow the agreement that you've made with the district attorney that you will be waving or giving up any right to appeal?

[00:17:10]Also, do you understand if you're not a US citizen that a plea of guilty or no contest may result in your deportation, exclusion from admission to the country, or denial of naturalization under federal law?

[00:17:22]>> Yes, >> state tenders number one.

[00:17:24]>> No, >> it's admitted. Is there any evidence that Mr. Holland is not competent?

[00:17:28]>> No, your honor.

[00:17:28]>> All right, sir. I'm going to find that you entered your plea of guilty and true freely and voluntarily. Find that you're mentally competent and you understand the nature and the consequences of that plea. find sufficient evidence to find you guilty and at this time find you guilty of fraudulently securing documents by execution. Also find that prior offense true, sentence you in accordance with your agreement to a term of 15 years in the institutional division of the Texas Department of Corrections. You will receive credit on that sentence for any time that you've been in custody that the law gives you the right to receive. I have handed you the trial court certification that shows this was an agreement that I followed and so you've waved your right to appeal. I have also handed you a written admonishment regarding your ineligibility to possess a firearm or ammunition. Because of the judgment entered against you, you're ineligible under Texas law to possess a firearm or ammunition. Possession of a firearm or ammunition could lead to charges against you. Firearm is a legal term and you should read the written admonishment I provide you to see what devices qualify as a firearm. If you have questions about the laws that make you ineligible to possess a firearm or ammunition or about how long that lasts, you can talk to Mr. Miss Manaldi or Mr. Girtz. Um, do you have your discovery certification?

[00:18:41]>> You should gave it to me. I'm sorry.

[00:18:42]>> Okay. All right. Good luck to you, sir.

[00:18:43]So, you can go back with the baift.

[00:18:44]Thank you, Miss Manaldi.

[00:18:46]>> Yes, ma'am.