12 Years in Prison! Judge Raquel West Delivers Harsh Truth After Defendant Blows Every Chance

Añadido: 2026-06-01

[00:00:00]Good morning. Are you Brandon Henderson?

[00:00:02]And will your client wave the formal reading of the motion?

[00:00:05]>> Mr. Henderson, in clause number 224931, I have a motion to revoke your community supervision. Shows that you were placed on probation June 13th of 2023 for the offense of unlawful possession of a firearm by a felon. And that was a 5-year term in prison that was probated for 5 years. Is that correct?

[00:00:26]>> Yes, ma'am. The motion alleges you violated your probation. Count one alleges that you committed the new offense of aggravated assault February 26th of 2025 in uh McGomery County, Texas. And is that true or not true?

[00:00:45]>> True.

[00:00:46]>> Count two alleges that you committed the new offense of unlawful carrying a weapon in Montgomery County on February 26, 2025. And is that true or not true?

[00:00:55]>> True.

[00:00:57]Count three alleges that you did not u provide verification of performing the community service hours is required and is that true or not true?

[00:01:04]>> No, that's not true. I did most of my community service.

[00:01:07]>> Okay, that's fine. Uh, count four alleges that you are behind in your court assessed fees. And is that true or not true?

[00:01:13]>> True.

[00:01:15]>> Count five alleges that you failed to remain in the state of Louisiana um and that you were in Montgomery County on February 26, 2025 without permission.

[00:01:25]Count six alleges that you failed to report to the Jefferson County Probation Department by mailin or online for the months of October, November, and December of 2024 and then January and February of 2025. Is that true or not true?

[00:01:40]>> True.

[00:01:44]>> Did you enter your please of true to counts 1 2 4 5 and six freely and voluntarily?

[00:01:51]>> Yes, you are. And did you plead true to those counts because they're all actually true?

[00:01:55]>> Yes, you are.

[00:01:56]>> I have here on the um tablet 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 Mr. Parker?

[00:02:06]>> Yes, ma'am.

[00:02:06]>> Do you fully understand them?

[00:02:08]>> Yes, sir.

[00:02:09]>> And do you understand if I follow the agreement that you made with the district attorney that you will be waving or giving up any right to appeal?

[00:02:16]>> Yes, ma'am.

[00:02:18]Just so the court is aware, he received two years on the case in McGomery County that has been distressed to according to their office.

[00:02:25]>> Okay. Thank you.

[00:02:27]>> Um state teners number one.

[00:02:28]>> Objection.

[00:02:29]>> It's admitted any evidence that Mr. Henderson's not competent.

[00:02:32]>> All right, sir. I'm going to find that you entered your plea of guilty freely and voluntarily. Find that your me your plea of true uh to those counts freely and voluntarily. Find um that you're mentally competent and understand the nature and the consequences of those pleas. Find counts 1, 2, 4, 5, and six true. Find sufficient evidence to revoke your probation. And at this time, revoke your probation. Reassess your punishment in accordance with your agreement to a term of four 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. that sentence will run concurrently or at the same time as your McGomery County cases. Um, 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. Good luck to you, sir. You can go back with the baiff. All right, you're Kaylin Salazar and Miss Salazar is on probation and cause number 24 DCCR 2234 and that is for a misdemeanor offense or a case that was reduced to a misdemeanor. It's a an unadjudicated probation. She was placed on that probation April 21st of this year and um it was a criminal mischief that was reduced to an attempted criminal mischief. A motion to revoke has been filed or motion to revoke unadjudicated probation. It alleges a uh DWI from August 23rd of 2025. It alleges a failure to report in August, failure to perform community service, behind in court assessed fees, um that she admitted to using alcohol in violation of her probation August 23rd of 2025, that she has not completed a cognitive thinking class as ordered. And in addition, we have a pending felony case of assault on a peace officer with an offense date prior to her getting the probation in this case. And so that's not alleged and um it's standing, I guess, on its own at this point. Mr. Kemler has filed a motion asking that I set a bond in the misdemeanor probation case where she's on an unadjudicated probation. Mr. Nichols, what's the state's position on that? Your honor, in addition to the two cases before you, she has uh two separate DWIs that are pending lab results that have not yet been filed. One is from March and predates this probation. One is from is is what's listed in the in the motion.

[00:05:05]Um it looks like the only thing holding her is the bond on this case. And if she's in light of those arrests and and what's alleged in the motion, if she's going to be granted a bond, ask there be interlock. Um, and I I I would suggest she not be allowed to operate a motor vehicle, period. Instead of an interlock, but if she does have the I don't think she needs to at all, but she wants to go into rehab, your honor. And that's the really the purpose of it trying to get her bond. What do you where have you talked about >> Well, and here's the thing. You don't get to pick all of that. she's on probation, so that has to go through probation. In addition, we have another case pending that depending on the length of everything, I'm not just going to put off. And so, obviously, if there needs to be some rehab, then I'm all for that under the right circumstances. But if you make a bond, can't just go off somewhere without >> it being approved by probation and ultimately by me. And so, that we know what that is, where it is, and what that means with regard to that assault on a peace officer case. It was just that's her intent. She does recognize that she has an alcohol problem. I've talked to her extensively about that.

[00:06:14]>> Um, hold on a second. So, Mr. Nichols, any other input?

[00:06:24]>> If if it's not going to be and I agree that maybe her not driving at all is probably the best course, but there needs to be some sort of monitoring like a scram or something along those lines.

[00:06:33]>> I agree.

[00:06:37]So, what I'm going to do, um, Miss Salazar, in cause number 24, DCCR2234 is a grant that request for me to set a bond. I'm going to set the bond at $10,000.

[00:06:53]Condition of that bond is you are not allowed to drive anything, no vehicle, period, ever. Um, you will be required to wear a scram device. Um, obviously if that tests positive for alcohol, then you will be in violation of your bond conditions. That bond's going to get raised and you'll be able to wait all this out while you're in jail while it gets sorted out. Do you understand?

[00:07:15]>> Any other conditions that >> I think that'll that's your code error.

[00:07:21]>> Okay. And so what I'll do then is we'll reset a normal reset and see um what we need to do on this obviously as well as the other pending felony. And then she needs to report to a probation officer as soon as you make bonds.

[00:07:34]>> Yeah, you're still on probation. So, go straight to your probation officer, talk to them about what you need or can do, and then go from there.

[00:07:41]>> Okay.

[00:07:44]>> You can go back. Yep. All right. You are Robert Isaiah Pedes. Yes, ma'am.

[00:07:48]>> And Mr. Pettis is on probation and cause numbers uh 1624053.

[00:07:55]That one for prohibited weapon possession.

[00:07:58]20-35328 for aggravated assault causing serious bodily injury. And 20-35329 obvious um also aggravated assault causing serious bodily injury. Was in court previously entered please if true to counts 1 2 3 and six. I've received an updated prescence report. Have you both had an opportunity to review that report?

[00:08:22]>> Yes sir. Yes sir. Any additions or corrections? Uh, >> not from the time.

[00:08:28]>> Any testimony with regard to any of the other allegations, Mr. Smith? Judge, we have here for >> I'm sorry, I can't hear you.

[00:08:37]>> We had the correction officer here if you'd like to hear from I believe that um yes I did address >> I mean I I have what he put in here but I just I'm asking if there's any witness if you want to put it on any testimony for the counts that were not pled true to or not.

[00:08:58]Uh, >> it's updated.

[00:09:02]>> I I would ask a few questions if state's not going to call.

[00:09:07]>> I guess.

[00:09:15]>> All right. Uh, Mr. Patton, if you could please raise your right hand. Do you swear affirm the testimony you're going to give in this hearing will be the truth, the whole truth, and nothing but the truth?

[00:09:22]>> I do.

[00:09:23]>> Thank you, sir. Go ahead.

[00:09:25]>> Uh, Mr. Freddy's was ordered to perform community service and has he completed all of that and provided verification to the probation?

[00:09:35]>> He has not. No.

[00:09:36]>> And um did he appear for alcohol or drug screening on June 18th, June 25th, July 2nd, July 5th, July 21st, 2025?

[00:09:51]>> What were those dates again? June 18th, June 25th, July 2nd, July 5th, July 21st.

[00:10:00]So June the 18th, he did not show. June the 25th, he did not show. By 5th, he did not show. Then July 21st, he did not show.

[00:10:12]>> I guess I want to know with regard to community service, obviously has what has he done out of any of it, if any? Uh your honor, in cause number 16-24053, he has completed 169 hours out of the originally assessed 300. Okay.

[00:10:31]>> Which leaves him with 131. Uh he last performed community uh community service on April 4th of this year. He worked with our work crew uh at my bum office.

[00:10:42]Um he has not performed any of the community service in in either of the other two uh cause numbers.

[00:10:49]>> Okay. Thank you, Mr. Kimler, >> shouldn't the community service be concurrent in all three of the cases? In other words, the community service that he's done in one case should transfer and be credited against community service in the other cases.

[00:11:01]>> It is. Yes, you're correct.

[00:11:02]>> So, he would have 169 hours at each of the three cases credit. Is that right?

[00:11:06]>> Yes.

[00:11:07]>> And is is that so even though he was already on probation on one and then we gave him probation on two after that?

[00:11:14]>> It's typically how we do that, your honor. Do do we typically will give them credit for community supervision on any of the cases they're doing for us regardless of when they started supervision?

[00:11:25]>> Community service.

[00:11:26]>> Yes.

[00:11:27]>> Sorry. John.

[00:11:29]>> Yeah.

[00:11:30]>> All right. How long have you supervising Mr. Pat?

[00:11:33]>> Um so I'm a unit supervisor at our department. Um I've seen Mr. credited on numerous occasions for um for administrative hearings, case staffings, uh and when I've held down a case load when we've been in between officers.

[00:11:46]Chris, >> you have some familiarity with that?

[00:11:48]>> I do. Yes, sir.

[00:11:49]>> And during the times that you've uh supervised him directly as he maintained proper demeanor with >> Yes, sir.

[00:11:56]>> proper uh decor and all those things.

[00:11:58]>> That is correct. Yes, sir.

[00:12:00]>> And should he be continuing on probation? He would not be the supervising officer. That would be someone else.

[00:12:04]>> That is correct. I would not be supervising him. Well, let's see. I I suppose you acted in as a supervising officer at some point in your career at the probation department. Is that right?

[00:12:13]>> That is correct.

[00:12:15]>> Assuming let's just speak hypothetically. If you were a supervising officer again, would there be anything about Mr. Kes to supervis his demeanor and decorum and attitude towards the probation department or personnel?

[00:12:28]>> Hypothetically, no. Not not concerning those items.

[00:12:32]>> Okay.

[00:12:33]>> Uh who was his supervising officer? his supervising officer was Alexander Ariana.

[00:12:40]>> Um, Miss Ariana went out on maternity leave and elected to stay home with her child. And so we've since fill that vacancy with a new officer.

[00:12:48]>> Okay. But she was the one that was, I guess, directly.

[00:12:51]>> That is correct. Yes, sir.

[00:12:52]>> And you had access to her records. Is that right?

[00:12:54]>> I do. Yes, sir.

[00:12:55]>> Uh, is there anything any indications in there about some type of intelligent format? Anything of that nature?

[00:13:00]>> No, sir. There's not. Not that I've come across. and nothing in the records that indicate that there's ever been any type of mental health assessment or mental health uh recommendation for Mr. Padis particularly not for schizophrenia or anything like that but perhaps depression or >> not that I've come across no sir no further question >> all right so Mr. Pedes, it shows here in this updated pre-cence report um that one of the things you told Mr. Patton was that you had been on probation since you were 18 and you >> This is the turning point of the hearing. Up to now, the defense has focused heavily on mental health struggles, depression, PTSD, employment history, and the argument that continued treatment could help Mr. Petty succeed on probation. But the prosecution is now challenging not only his compliance record, but also his credibility and willingness to follow rules when given opportunities. Legally, probation revocation hearings often center on whether the court believes rehabilitation remains realistic. The judge has already heard testimony about missed drug screenings, incomplete requirements, and previous recommendations for treatment that were not followed. That creates a difficult position for the defense. Here's the question. meaning you just couldn't do it anymore.

[00:14:22]>> Yes. Yes, ma'am.

[00:14:23]>> That's true. And then you said, "I'll take a safe pee. Um, I feel like prison's going to make me worse and blah blah blah, but I feel safe is the best thing for you." So, tell tell me tell me what you're asking for and tell me why.

[00:14:38]Well, at the time when I told him that um I couldn't take profession anymore, that was one of the times where I was just feeling real down and depressed, you know, from everything that's going on in the past, you know, with me being shot and stuff like that. I was shot in my neck and my arm. So, since then, I've been having real bad PTSD, real bad uh depression, bipolarness. So, you know, there's some days where I'm good, some days I'm not. You know, some days I wake up on the wrong side of the bed from having nightmares, you know, and some days I'm just as happy as I can be. So, from that point on, um, uh, at this point, I know since being in jail now, this isn't what I want because it's just hurting my family, hurting my daughter. and being around the people that's around me, you know, being around murderers and uh rapists and, you know, aggravated robbers and all that, it's just uh bad environment for me and it puts me in a bad mood. Uh puts me, you know, in a bad uh mindset, I guess you can say. Um, and I did speak with the counselor I had that they assigned me for probation and I did tell tell her those things and they did recommend uh re recommendate MHMR but I never went just because I felt like it was um I felt kind of low, you know, of thinking I would go to MHMR, you know, cuz Yes, sir. Yes, sir. Yes, sir. So, um, at this point, I don't want to go to jail. Uh, the prison, um, feel like being in here, sitting in here has helped me realize that my life is on the line and it isn't a game and it isn't a joke. And, um, but I do need help mentally. Uh, I was prescribed Zolaf uh, the last time I was in here due to my PTSD, but I never took it. I just cuz I heard really bad things about it. But now I'm starting to realize maybe I should be on love just to uh control the urge of smoking weed and and you know that kind of behavior.

[00:16:50]>> I could ask him a few questions.

[00:16:52]>> Sure.

[00:16:54]>> Wait. Best you can raise your right hand. Do you swear from the testimony you're going to give in this hearing will be the truth, the whole truth, and nothing but the truth?

[00:17:00]>> Yes, ma'am.

[00:17:01]>> Go ahead.

[00:17:01]>> Explain those facial tattoos to the judge.

[00:17:04]>> Uh this tattoo right here is my daughter's birthday. 11 14 2017 and this is uh 9:1622 is the day my cousin killed himself. Uh he shot himself in the head.

[00:17:15]Um this was right after my uncle had passed of cancer and uh my cousin who just passed away. His dad, my other uncle had just passed due to cancer as well. That's why I turned myself in a week later after my warrant uh had came out. Uh this tattoo on here is a heart and on the music note. Uh I got that for my ex-girlfriend, you know, just, you know, being dumb at the time.

[00:17:44]>> No gang affiliation.

[00:17:45]>> No gang affiliated tattoos on me. But so >> And you did turn yourself in on the warrant?

[00:17:49]>> Yes, sir. I did turn myself in.

[00:17:51]>> Uh how are you how are you maintaining employment when you're in town?

[00:17:54]>> Uh I always keep I always held a job.

[00:17:56]Always held a job. Uh even if it's working at Waterburger.

[00:17:59]>> What was your last job? Shipley's Donuts was my last job to maintain uh because I had got laid off. I was with Beck I was a carpenter for Beeto for about a year and a half >> at the LG plant. Yes, sir. LG terminal.

[00:18:11]>> Yes, sir.

[00:18:12]>> What was what were you a carpenter?

[00:18:14]>> Yes, sir.

[00:18:14]>> Scaffold builder. What were you?

[00:18:16]>> Uh we were doing woodwork building decks and carports >> and lunch tents and that action.

[00:18:25]>> And as far as being shot, that actually I know the court and looking at his criminal history. These are serious cases as far as the aggravated assault, serious bodily injury. You were actually shot during that interchange. Is that right? By the other people.

[00:18:37]>> Yes, sir.

[00:18:38]>> And you would return to fire.

[00:18:39]>> Yes, sir.

[00:18:40]>> Okay.

[00:18:41]>> That's not what >> I understand, but it's not I don't want the court to think. I just look at it and I'm not trying >> my understanding from the the version and the precence report previously and >> I didn't represent >> my recollection of it actually because I it's not good when I remember you um the fact that you were already on probation for a felony and then you came in and you admitted that you went there to shoot you went there to go shoot Christy.

[00:19:15]But which is your child's mother, right?

[00:19:20]That's not true.

[00:19:22]>> No. So, did you mean to go shoot the two girls that got shot, Alexis and Taylor?

[00:19:28]>> No, ma'am.

[00:19:29]>> Who' you mean to shoot?

[00:19:30]>> I didn't go there to shoot anybody.

[00:19:32]>> I think he's Well, as he explained it to me, he was going there to meet for sexual purposes the two girls. And when he got there, there were there he was set up in the parking lot and then by other people there by people who were going to rob him. And in the course of that, there was a gunfight, but he wasn't going there to shoot anybody.

[00:19:54]>> All right. Well, that's >> he was going there for an illegal purpose everything that was said and everything that he agreed to back then because >> that's correct. Well, we were getting ready for trial on this case. He was the aggressor. He was the one that fired first. And had he been a better shot, Alexis and or Taylor might have been killed, but he was there to go kill Christy.

[00:20:15]>> I I was I didn't represent any of that, so I don't >> All right. Anything else?

[00:20:21]>> Probation.

[00:20:22]>> All right. Mr. uh Smith argument.

[00:20:25]>> Uh I would agree with the probation that I believe he's only asking for safety now simply because it's the only alternative he sees to prison. I don't think he's sincere about it. Um, we have given him chance after chance after chance and he has squandered, wasted, and even though he's a nice guy when he shows up, he does what he wants to do. That's evidenced by the jail reports that shows that they tell him to go back to his bunk and he just gets in the shower with his jumper on and then when they write him up about it, then he says, "Man, you." He has zero respect for authority or building.

[00:21:04]>> The court's decision is now final. After reviewing the testimony, probation history, violations, and argument from both sides, the judge concluded that continued supervision was no longer appropriate. The court found sufficient evidence to revoke probation and impose prison sentences of 7 years on a prohibited weapon case and 12 years on each aggravated assault causing serious Bali injury case with all senses running concurrently throughout the hearing. The judge repeatedly emphasized a central theme opportunities >> for doing what's right what he's supposed to do. Um I think prison term is appropriate in this case. The PTSD excuse is weak. He was the aggressor in the initial contact and you can't claim that. Well, I feel bad because I got shot by somebody who was defending two other women. So, I would ask for pen time in this case.

[00:22:00]>> Anything else, Mr. Kimler? Well, it's difficult for me to address the U always with these jail incident reports