Defendant's Gross Actions with Female Cops Leave Judge Stunned—Hammer Time!

[00:00:00]Uh, uh, the agreement was for a cap of 6 years in prison. I've received the pre-sentence report cuz everyone had an opportunity to review that report.

[00:00:08]>> Yes, Your Honor.

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

[00:00:09]>> Are there any additions or corrections?

[00:00:12]>> Uh, just argument from the defense.

[00:00:14]>> Not from the state.

[00:00:14]>> Um, in addition, I have received the jail incident reports which have been turned over to counsel. Have you both had an opportunity to review those?

[00:00:22]>> I have.

[00:00:23]>> Um, also I have received this morning and now reviewed, it looks like four, um, letters of support that Ms. Holmes brought today. Uh, Mr. Smith, have you had an opportunity to review those as well?

[00:00:35]All right, then, Ms. Holmes, you may proceed.

[00:00:38]>> Thank you, Your Honor.

[00:00:39]Um, in looking at the, um, PSI report, um, Mr. Lewis, um, does have, obviously, previous criminal history spanning from juvenile and, um, to adulthood. Um, the prior that he has, it appears with burglary of a habitation, um, it looks like three cases, but they weren't they ran concurrently in which he, uh, was placed on probation and had a revocation in which he was sentenced to, uh, 8 years in TDC. Um, he has since been, uh, discharged from that, Your Honor, um, and, um, after being released, there was this traffic stop which resulted in a, um, firearm being found in the vehicle in which Mr. Lewis was driving.

[00:01:20]Um, obviously, in reading his, uh, response to the PSI officer, um, I would allow him to elaborate more on that. Obviously, he did plead guilty to the offense, um, taking responsibility, and, um, we are seeking probation, um, in this case, Your Honor.

[00:01:41]We believe that at this point, um, in Mr. Lewis's life, um, he understands, obviously, being incarcerated before that it's not somewhere that he wants to go back and spend, um, potentially 6 additional years of his life. He would like this opportunity, um, on probation, to have that opportunity to spend and get back on track with employment to take care of his family and provide for his family.

[00:02:08]In reading those support letters, Your Honor, he does have support here from family and friends in the community that are willing to step up and help him to make sure that he is a productive citizen and he gets back on track and understands [clears throat] that there is just certain things with being a convicted felon that he cannot do. And I think at this point he understands that, Your Honor, and we are asking that the court give him the opportunity to be placed on probation and to finish his term while on probation.

[00:02:37]>> Well, I guess before we go any further, I want to make sure I understand because the Mr. um >> [clears throat] >> Lewis, your version of this is that it wasn't your gun, it was in your girlfriend's purse and you didn't even know her purse was in the car, much less the gun was in the purse in the car. So, either you are guilty or you're not guilty of the offense. And so, if you knew about it, then you're guilty. If you didn't, then the jury needs to decide.

[00:03:10]>> I'm pleading guilty because I was driving the car and by me driving and then finding the gun, they they they I >> But the law But the law That's not what the law is.

[00:03:22]>> It's my life and >> Okay. So, you don't get to just take a deal or plead guilty because that's what you want to do.

[00:03:30]When you were here before, you stood in front of that clerk, you put your hand up, swore that you were going to tell the truth, and I said, "Are you pleading guilty freely and voluntarily? Are you pleading guilty because you did what they charged you with?"

[00:03:42]>> was and I still am.

[00:03:44]>> Okay.

[00:03:45]All right, Mr. Smith.

[00:03:47]>> Uh Judge, I think he's been given probation It was not successful. He's been in love.

[00:03:58]Actions in the jail clearly show he doesn't have any respect for authority or rules. I don't feel like he's a proper candidate for probation, so we're asking for a 6-year sentence in TDC.

[00:04:11]>> So, Mr. Lewis, one thing I noticed in several of these letters that friends and family members say three of them actually used word respectful, that you're a respectful young man.

[00:04:26]What has been going on in our jail is the furthest thing from respectful that I've seen.

[00:04:34]The number of times and the fact that I have to say this out loud, the number of times that you choose to masturbate in front of the officers on purpose is ridiculous.

[00:04:49]>> That's the only one.

[00:04:51]>> Sure.

[00:04:52]>> That case wasn't on me. Somebody else had a case and the woman even talked to the lieutenant to get it removed about of my fault, but it still shows up. That was That was not on me. It's somebody >> It's more than one time.

[00:05:05]>> But I >> So, hold on. So, on April 14th Let's just go through them. On April 14th, >> [clears throat] >> you were in trouble for not being in your bunk, that you had been given several orders to go to your bunk.

[00:05:23]You proceeded to walk around yelling, "Bitch, stop talking to me." So, that's from April 14th, last week.

[00:05:32]Then, on April 7th, it alleges that you had your hands in your pants moving in and out back and forth, that you were told to take your hands out of your pants and that you had been told before or this officer had been briefed on the fact that you were known for doing this.

[00:05:56]Your response, according to this, is that that person should have asked the officers how big your >> [clears throat] >> penis, I'm not anyway.

[00:06:12]Since they want to be talking about you, they should have told them about that, too.

[00:06:16]Then, on March 25th, before that, a week, uh to another officer. And these aren't the same officers. It's not the same person saying the same thing about you.

[00:06:26]Somebody has something did uh against you. So, on March 25th, started to do rounds, noticed that you were watching the person doing rounds, had his hand over his midsection as if he was rubbing on himself.

[00:06:42]March 18th, another different officer, noticed monitoring the bunk. There you are, laying on your back, stroking your penis in a back-and-forth motion, told not to do so.

[00:06:56]January 24th, 2025, you're in trouble for not walking around for walking around This one, noticed the way you're laying on your bunk in a way making motions under the blanket, uh walked past, turned around to see if you were still doing it, then you supposedly look at this officer and say, "I'm not doing anything." While you lifted the blanket up for that officer to see it.

[00:07:29]Um January 4th, another time uh being told to uh be quiet, do what you're supposed to do, didn't do it that day.

[00:07:41]June uh December 29th, another issue of not following the rules.

[00:07:46]December 17th, another infraction for arguing and not following the rules. So, if there was one time when they got the wrong person, that's one thing. That's over and over again, you disrespecting female officers who are in there just doing their job.

[00:08:02]>> I don't sleep on my bed.

[00:08:04]>> Sir, >> I don't >> you really We're really going to do that?

[00:08:08]>> You asked me and I'm telling you wrong.

[00:08:10]I'll sleep on my bed.

[00:08:12]I have sisters. I have a mama. I don't do that. Them people write whatever they >> They're making this up on you? That's terrible of them to do that.

[00:08:20]>> at my cases report, ma'am. I don't have any cases on none of that. I don't have any time. I'm not on no restriction on none of that.

[00:08:25]>> Okay.

[00:08:27]You were off parole. The way I do the math, less than a year. So, you did your whole 8 years?

[00:08:36]What'd you do in prison to have to do your whole 8 years?

[00:08:39]>> I was in city.

[00:08:42]>> For doing what?

[00:08:44]>> Just tattooing for contraband.

[00:08:47]>> Not following the rules while you're in prison?

[00:08:50]I'm going to find that you previously entered your plea of guilty freely and voluntarily. Find sufficient evidence to find you guilty and at this time find you guilty of unlawful possession of a firearm by felon. Sentence you to a term of 6 years in the institutional division of the Texas Department of Corrections.

[00:09:06]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.

[00:09:12]I'm handing you the trial court certification that shows this was an agreement that I followed and so you've waived your right to appeal and you're lucky that this was the agreement. Um, Mr. Smith was generous. The fact is this you could have been enhanced to a second degree felony because of your history and you're lucky you weren't. Um, I have also handed you a written admonishment regarding your ineligibility to possess a firearm or ammunition. Obviously, you know this, but I'm required to read this to you. 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.

[00:09:52]>> And just like that, this courtroom hearing comes to an end. But the questions it raises are much bigger than this single case.

[00:10:00]Was justice served, or did the defendant lose his last chance because of his own actions and credibility?

[00:10:06]In court, words matter, but actions often speak even louder.

[00:10:11]The judge didn't just look at promises for the future. He looked at the pattern of behavior that led to this moment.

[00:10:18]This case is a reminder that every decision, inside and outside the courtroom, can shape the final outcome.

[00:10:25]Support letters, emotional appeals, and explanations may help, but credibility is something that has to be earned.

[00:10:33]What do you think? Should probation have been granted, or was the 6-year sentence the right call based on the evidence and conduct presented? Share your opinion in the comments. We'd love to hear your perspective.

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[00:10:54]Thanks for watching, and we'll see you in the next courtroom story.