Judge Asked One Question… Then She Failed Everything

[00:00:00]Um, he's locked up right now. We have not spoken.

[00:00:03]>> Mhm.

[00:00:04]And then why were you dishonest with me about your drug test?

[00:00:08]>> I'm sorry. That was 7 days ago. I didn't think that it was easy.

[00:00:11]>> No, no, no.

[00:00:13]That is not That should not be in your system for 7 days ago. When's the last time you used and what are you using on a regular basis?

[00:00:20]>> 7 days ago.

[00:00:21]>> What are you using?

[00:00:23]>> There was meth on 7 days ago.

[00:00:25]>> No, listen to my question. What drugs are you using?

[00:00:30]>> Meth.

[00:00:31]>> How often are you using meth? So, what is happening? I see Does she have the possession with intent 4200 g as well?

[00:00:39]>> I Judge, I'll be 100% honest. I don't know.

[00:00:42]>> All right, if you could look up to see if she has anything pending other than the theft case, then we'll take it up.

[00:00:47]All right, so once they look it up, they'll be able to tell me every case.

[00:00:50]So, just give us a moment.

[00:00:52]>> Thanks, Judge.

[00:00:52]>> You're welcome.

[00:00:54]It's always great seeing you.

[00:00:56]>> Appreciate that, Your Honor.

[00:00:57]>> Although I'm look used to seeing you on Zoom with your Oscar or your Emmy behind you.

[00:01:01]>> You can't.

[00:01:02]Very good memory.

[00:01:03]>> Yeah.

[00:01:04]>> [clears throat] >> So, how was your weekend?

[00:01:06]>> It was good, Your Honor. Thank you.

[00:01:07]Thank you for asking.

[00:01:08]Hope the same is true with you and everyone else in the courtroom.

[00:01:11]>> Oh, no, the weekend was great. I didn't do what Bashawn did, which was go see Meg 2.

[00:01:17]That's on you. You should She should have saw that one. That's all on you.

[00:01:21]>> I Judge, there are two cases. One burg burg burg of a burg of a building and the other one is possession PD1 4 to 200.

[00:01:29]Both are awaiting that.

[00:01:30]>> Okay.

[00:01:31]And possession And that's 4 to 200?

[00:01:35]>> Yes.

[00:01:38]>> All right, so the other thing the court has is there's an affidavit to surrender surety on the case that's indicted. Counsel, were you made aware of that?

[00:01:51]>> Uh yes, Judge.

[00:01:54]>> All right, so that was granted on July 19th, so she has a warrant out for this case.

[00:02:00]>> That's my understanding, Your Honor.

[00:02:02]>> All right. And then there's also a motion to reinstate bond on this case.

[00:02:11]>> I was made aware of that this morning.

[00:02:13]Ms. Rubio informed me that discussions with the surety company resulted in the sureties wishing to approach the court to reinstate the bond.

[00:02:23]>> All right. These other cases, the burglary of a building, possession, what are the offense dates on those?

[00:02:30]>> Here, let me check that.

[00:02:33]>> Okay.

[00:02:41]>> Yes, that would have been back in this June.

[00:02:44]>> Okay.

[00:02:48]And then the theft case, let me see what's on the indictment.

[00:02:55]That's June 3rd. And so you're saying these cases >> So, Judge, the theft case this happened back in June of '22, but the new cases happened in June of this year.

[00:03:07]>> All right.

[00:03:14]I The state, if you have no objection to me reinstating her bond, I will reinstate her bond, but I'm going to add other conditions.

[00:03:21]>> No objection, Judge. Just say it, Judge.

[00:03:23]>> All right. We're going to go on the record.

[00:03:26]Court is calling 2023 CR4281A, State of Texas versus Vanessa Faye Rubio. Could I have parties announce for the record for the state?

[00:03:36]>> Daniel Escobar for the state of Texas.

[00:03:38]>> Defense.

[00:03:38]>> Your Honor, good morning. Frankie Sandoval on behalf of Ms. Rubio.

[00:03:42]>> And are you Ms. Rubio?

[00:03:43]>> Yes.

[00:03:45]>> On this case, there was an affidavit to surrender surety, and the court granted that on July 19th it looks like.

[00:03:58]And now the bondsman has just filed a motion to reinstate the bond.

[00:04:05]Any objections from the state to reinstate the bond?

[00:04:08]>> No, judge.

[00:04:11]>> Ms. Rubio, I have to ask you some questions if I'm going to reinstate this bond. The questions I ask you will not be about the underlying facts of the case.

[00:04:20]But I do need to ask you other questions. So, could you raise your right hand for me, please? Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth, so help you God?

[00:04:30]>> Yes.

[00:04:30]>> All right, you can lower your hand. I'm going to need you to speak up so the court reporter can hear. State your name for the record.

[00:04:35]>> Vanessa Favela Rubio.

[00:04:37]>> All right.

[00:04:38]Ms. Rubio.

[00:04:40]>> Ma'am.

[00:04:41]>> Have you had any mental health treatment before?

[00:04:43]>> No.

[00:04:44]>> Any diagnoses of mental health?

[00:04:48]Drug use?

[00:04:50]Oh, if I drug test you right now, what are the results going to be?

[00:04:53]>> Um, negative.

[00:04:55]>> Okay.

[00:04:57]All right, we'll do a drug test and then we'll come back. And the reason why I'm doing that because the law has changed.

[00:05:03]If I'm going to be setting bonds, I need to make sure that there are conditions in place so that you won't reoffend. For example, if you have a drug issue and I know about it and I don't do anything about it, that comes back on me for not addressing that issue. So, counsel will do a UA today and if there are no issues with a UA, then I won't add conditions of treatment.

[00:05:27]>> Thank you, judge.

[00:05:27]>> All right. So, before we do that, you're saying it's going to be negative.

[00:05:31]All right, uh, could you you hang there? Give you a UA today.

[00:05:36]And then Mr. Sandoval will take that up.

[00:05:39]And Mr. Sandoval, thank you so much for your patience.

[00:05:46]Court is calling 2023 CR4281A State of Texas versus Vanessa Rubio. Can I have parties announced for the record for the state?

[00:05:56]>> I'm here for the state.

[00:05:57]>> Defense?

[00:05:58]>> Your honor, good morning. I'm Frankie Sandoval on behalf of Miss Rubio.

[00:06:01]>> Are you Miss Rubio?

[00:06:02]>> Yes, I >> Counsel, have you received all the discovery and did you review with your client?

[00:06:06]>> I have, Your Honor.

[00:06:07]>> Court would find that the state is in compliance with discovery. Miss Rubio, I'm showing you what's entitled application for community supervision.

[00:06:14]Did you review that with your attorney, did you understand it and did you sign it?

[00:06:18]>> Yes, I did.

[00:06:18]>> Showing you what's entitled true bill of indictment. Did you review that with your attorney, did you understand it?

[00:06:23]>> Yes, I did.

[00:06:28]>> Counsel, it appears that the state is proceeding on the indictment as presented. Is that correct?

[00:06:33]>> It's my understanding, Judge.

[00:06:34]>> State, is that correct?

[00:06:35]>> Yes, Your Honor.

[00:06:36]>> Miss Rubio, I'm showing you what's entitled court admonishments. Did you review that document with your attorney, did you understand it, did you sign it in all the appropriate places?

[00:06:44]>> Yes, I did.

[00:06:44]>> Did you understand you're charged with the offense of theft of a firearm?

[00:06:47]That's a state jail felony. The range of punishment is anywhere from 180 days up to 2 years in the state jail facility and up to $10,000 fine. Did you understand?

[00:06:56]>> Yes.

[00:06:57]>> If you have a plea bargain agreement with the state, the court does not have to follow your plea bargain agreement.

[00:07:01]If for any reason the court does not follow your plea and gives you more than you bargained for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea. Did you understand?

[00:07:10]>> Yes.

[00:07:11]>> Did you understand you have a right to jury trial, right for you or your attorney to cross-examine and confront any witnesses the state will call and the right to remain silent?

[00:07:18]>> Yes.

[00:07:19]>> Did you understand by entering this plea bargain agreement you are giving up those rights?

[00:07:22]>> Yes.

[00:07:23]>> Did you intend to give up those rights and enter into a plea in this case?

[00:07:27]>> Yes.

[00:07:27]>> Counsel, has your client been able to provide you with any defenses?

[00:07:31]>> She has, Judge.

[00:07:31]>> Do you believe she has a rational as well as a factual understanding of the charges against her?

[00:07:36]>> In my opinion, she does, Your Honor.

[00:07:37]>> Do you believe she's currently competent was legally sane at the time of the offense?

[00:07:41]>> Yes, Judge.

[00:07:42]>> Miss Rubio, anyone threatened you, coerced you, or placed you in fear to get you to enter this plea?

[00:07:46]>> No.

[00:07:46]>> Has anyone promised you anything other than the plea?

[00:07:49]>> No.

[00:07:49]>> Are you satisfied with the way you've been represented?

[00:07:51]>> Yes.

[00:07:52]>> Are you a U.S. citizen?

[00:07:53]>> Yes.

[00:07:54]>> Court will find that defendant has knowingly and voluntarily waived her right to jury trial. Showing you the plea bargain page, did you review that with your attorney? Did you understand it?

[00:08:03]>> Yes.

[00:08:04]>> According to the plea, punishment is to be assessed at 2 years in the state jail facility.

[00:08:09]State is not making any recommendations on your application for deferred. Is she applying for deferred?

[00:08:14]>> Uh Your Honor, for clarification, after discussion with Ms. Rubio, uh we would respectfully request uh that um we go forward on a regular community supervision. Your Honor, she does not wish to apply for deferred, and in the interest of justice, uh pending any type of evaluations that the court sees deems them fit, I would ask for sentencing today, Your Honor.

[00:08:37]>> All right.

[00:08:38]So, the state recommends community supervision. They're taking consideration night mag number 716819, grand jury number 785613, J number 2097716.

[00:08:54]There's to be restitution to Kyle Barney, K Y L E B O R N E.

[00:09:01]And you all agreed that this crime was committed as a party with William Gordon and Nicholas Sarabia. Did you understand that to be the plea?

[00:09:10]>> Yes.

[00:09:11]>> Defense is at the plea?

[00:09:12]>> It is, Your Honor.

[00:09:12]>> State is at the plea?

[00:09:13]>> Yes, Your Honor.

[00:09:14]>> All right, state and defense, if you'll initial where the defendant has decided to proceed for regular probation.

[00:09:25]Next, I'm going to show you what's entitled a waiver of appeal paragraph.

[00:09:28]Did you review that with your attorney?

[00:09:29]Did you understand it? Did you sign it in both places?

[00:09:32]>> Yes.

[00:09:32]>> Did you understand by signing that you're waiving your right to appeal? The only items that can be appealed are written pre-trial motions that have been filed, heard, and ruled upon by the court. Do you understand?

[00:09:41]>> Yes.

[00:09:42]>> Counsel, have there been any such motions?

[00:09:43]>> There have not been any, Your Honor.

[00:09:45]>> Outside the agreement, the state is recommending that your community supervision be for a term of 3 years, there be a tap evaluation, and 200 hours community service restitution. Did you understand those are recommendations from the state, and the court does not have to follow those recommendations?

[00:09:59]>> Yes.

[00:10:00]>> Then, to the offenses charged, how do you plead? Guilty, not guilty, or no contest?

[00:10:04]>> No contest.

[00:10:06]>> State, any evidence?

[00:10:07]>> State offers State's Exhibit 1 and all of its attachments.

[00:10:09]>> No objection, Judge.

[00:10:11]>> Shown you what's entitled waiver and consent to stipulation of testimony and stipulations, did you review those documents with your attorney? Did you understand it? Did you sign it in all the appropriate places?

[00:10:20]>> Yes.

[00:10:21]>> Off the record. Uh, Norma, will need the interpreter back.

[00:10:24]Back on the record.

[00:10:27]Again, did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call, and the right to remain silent?

[00:10:35]>> Yes.

[00:10:35]>> Did you understand that today the state would be presenting evidence in the form of witnesses' statements and police reports, but most importantly, there'll be no live testimony. Did you understand?

[00:10:43]>> Yes.

[00:10:44]>> All right. And State, you may be excused to continue to confirm. Court will find that defendant has knowingly and voluntarily waived and consented to stipulation of testimony and stipulations. Court will accept into evidence State's Exhibits 1 and attachments and review the same.

[00:11:00]All right. After reviewing State's Exhibits 1 and attachments, the court will find there's sufficient evidence to find you guilty, and the court will find you guilty. All right. Proceeding with sentencing?

[00:11:09]>> In the interest of justice, that would be our request, Your Honor.

[00:11:12]>> Anything you wish to say on behalf of your client?

[00:11:14]>> Uh, Your Honor, I stand here with Ms. Rubio, uh, as the court is aware, we had a minor issue with respect to her bond. Uh, in order for judicial efficiency and to get on with her life and begin the process of putting this behind her, um, she sought my, uh, direction at attempting to resolve all matters, um, and that's what she wanted to do today as to accept responsibility, come forward and start the process of putting this behind her with whatever conditions the court deems appropriate given the totality of the circumstances and the information the court learned today.

[00:11:49]>> All right.

[00:11:51]Are you employed?

[00:11:54]How do you support yourself?

[00:11:55]>> Currently I am not since I went to jail for this. I lost my job so I'm still looking for a new one.

[00:12:04]>> So when's the last time you were employed?

[00:12:06]>> The the beginning of June.

[00:12:11]Or the middle of June, I guess.

[00:12:14]Maybe about the middle of June.

[00:12:16]>> Do you have any children?

[00:12:17]>> Yes, two.

[00:12:18]>> What are their ages?

[00:12:20]>> She just turned 12 and 14.

[00:12:23]>> Who do they live with?

[00:12:24]>> They reside with both me and their dad.

[00:12:28]>> Who is the father?

[00:12:29]>> William Bloodworth is one of them.

[00:12:31]>> I'm sorry, who?

[00:12:32]>> William Bloodworth.

[00:12:33]He is the father of my daughter and my son's father is not involved. He takes the place of that.

[00:12:41]>> So you're saying you're William living with William Bloodworth?

[00:12:52]Yeah, but in this it says that Nick Sarabia is your boyfriend.

[00:12:57]That's what it says in the police report.

[00:12:59]>> Okay.

[00:12:59]>> I mean it's not okay, that's what it says in the police report. So who is this other person?

[00:13:04]>> That is my kids Sorry, that is my kids' father.

[00:13:07]>> No, you you didn't mention Nick Sarabia as being the father of any >> the father of my kids.

[00:13:13]>> No, excuse me.

[00:13:15]>> I'm sorry.

[00:13:15]>> Can you tell me what she just said in regards to Nick Sarabia?

[00:13:20]>> I didn't say anything.

[00:13:25]>> All right.

[00:13:26]>> You didn't mention that Nick Sarabia being that child's >> All right, thank you.

[00:13:31]So, you said that Nick Sarabia was the children's father, but you just told me that >> I'm sorry, he is not the children's father. He was the boyfriend at the time.

[00:13:41]Um he's locked up right now.

[00:13:42]We have not spoken.

[00:13:44]>> Mhm.

[00:13:45]And then why were you dishonest with me about your drug test?

[00:13:49]>> I'm sorry. That was 7 days ago. I didn't think that it was going to >> No, no, no.

[00:13:54]That is not That should not be in your system from 7 days ago. When's the last time you used and what are you using on a regular basis?

[00:14:01]>> 7 days ago.

[00:14:02]>> What are you using?

[00:14:03]>> There was meth on me 7 days ago.

[00:14:06]>> No, listen to my question. What drugs are you using?

[00:14:10]>> Meth.

[00:14:12]>> How often are you using meth?

[00:14:14]>> Uh last time I did it was 6 7 days ago.

[00:14:16]7 days.

[00:14:17]>> And what else are you using?

[00:14:18]>> Nothing else.

[00:14:20]>> And what is the father, Mr. Bloodworth, what is he using?

[00:14:24]>> Uh nothing.

[00:14:27]I don't know if he does anything.

[00:14:28]>> I find that people >> We don't We don't live together. We both share custody of my kids. They live with me and then they live with their dad.

[00:14:37]>> Okay, she's >> We have joint custody.

[00:14:39]>> Come out. You're being very dishonest and slippery with me because I asked you My mind is a steel trap, but I wanted to court reporter to read back because maybe my mind is failing, but I highly doubt that. You told me that your children were living with you and their father, and you said the other father don't he's not a part of anything. Now you're telling me, "Oh, no, he doesn't live with me. It's on and off." You've been dishonest with me from the very beginning. You were dishonest when I asked you if you're going to be positive, you were dishonest about that.

[00:15:13]Then you were dishonest about Bloodworth. I don't even know if this is this person's real name or not.

[00:15:20]Then you were dishonest about Saravia. At first you later you said he was the father of your children. Now he's not the father of your children. You're just being dishonest all across the board with the court and I don't appreciate it.

[00:15:34]And dishonesty has nothing to do with nerves. You heard my questions. My questions were very specific.

[00:15:44]>> Yes.

[00:15:44]>> All right, this is what the court is going to do.

[00:15:47]I'm going to find you guilty.

[00:15:49]I'm going to recall the warrant.

[00:15:52]I'm going to sentence you to 2 years in the state jail facility suspended and probated for 4 years.

[00:15:59]There's to be no unsupervised contact with minors.

[00:16:08]Is CPS involved in your life?

[00:16:10]>> No.

[00:16:11]>> Well, I mean why you saying no like they should be? You're using meth and you're taking care of children. CPS should be involved in your life. So, I'm going to want CPS compliance.

[00:16:22]If CPS is involved in her life, I don't know if they're they are or not. She's been dishonest with the court.

[00:16:29]I'm going to want the UA hotline until further notice.

[00:16:35]Intensive parenting classes.

[00:16:41]I'm going to want field visits random one time per month until further notice.

[00:16:50]>> Please >> check on the children.

[00:16:53]There's to be no contact with the person who she's saying may or may not be the child's father. There's to be no contact with Nicholas Anthony Saravia and that means if he's at the Bear County Jail and he calls you and you'll know it's coming from the jail cuz they're going to ask you if you'll accept the the collect call, you need to hang up because otherwise, I'm going to count that as contact and it's easy to see if that's happening because they keep a record of every phone call from the jail. Do you understand?

[00:17:25]There's to be no contact with William Clark Gordon.

[00:17:33]There's to be regular reporting by Zoom or in person.

[00:17:40]Proof of employment within 30 days.

[00:17:45]There's to be no employment as a home health care provider or with minors.

[00:17:51]Taking consideration night mag number 716819.

[00:17:56]And Brittany, if you could do the uh rejection for me on that case.

[00:18:01]All right.

[00:18:03]All right. It's night mag number 7 1 6819.

[00:18:10]Grand jury number 78 5613.

[00:18:16]JN number 2097716.

[00:18:22]200 hours of community service restitution. Those will not be waived.

[00:18:31]TAPI evaluation.

[00:18:34]And once the TAPI evaluation is complete, she's going to start with intensive outpatient treatment.

[00:18:42]And the court is noting for the record that she's agreed she was acting as a party with William Gordon and Nicholas Sarabi.

[00:19:06]Uh probation, is there anything else she needs?

[00:19:11]Oh, and I'm sorry. there's to be restitution if any to Caleb Bernie, K Y L E B O R N E. Is there anything else you need for the court to be successful?

[00:19:27]I'm sorry.

[00:19:27]>> I don't get so Um, that's I think everything sounds like it's going to help.

[00:19:32]>> Okay. Going to show you what's entitled trial court certification of defendant's rights to appeal.

[00:19:40]Did you review that with your attorney?

[00:19:42]Did you understand it and did you sign it?

[00:19:44]>> Yes.

[00:19:45]>> Because this is a plea bargain agreement, because I followed your plea bargain agreement, and because you waived your right to appeal, you do not have the court's permission to appeal.

[00:19:52]Do you understand?

[00:19:54]>> Yes.

[00:19:54]>> Because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question over what a weapon or ammunition is, you need to speak to an attorney. Do you understand?

[00:20:05]All right, we can go off the record.

[00:20:06]Here's the thing, your children are dependent on you to raise them, and they cannot be raised by you if you are using drugs.

[00:20:15]And the people that you bring into your children's lives should be people who are not using drugs. Do you understand?

[00:20:20]All right, good luck to you.