Self-representation in criminal court requires defendants to understand complex legal rules, evidence procedures, and constitutional rights, and they will be held to the same professional standards as trained attorneys; without formal legal training, self-representation often leads to detrimental outcomes, including inability to appeal based on ineffective assistance of counsel.
Deep Dive
Prerequisite Knowledge
- No data available.
Where to go next
- No data available.
Deep Dive
Judge Boyd Faces “RUN FROM COURT” Chaos in Top 5 Wild Cases Including a Sovereign Citizen SLAMMEDAdded:
Mr. Jones, I'm going to tell you one.
>> Mr. Jones, I'm going to tell you one.
>> I'm not allowed to object. I'm on counsel now. I'm allowed to objecting, ain't I?
>> It's only 3 years.
>> When I'm talking, you do not talk over me. Do you understand that? Cuz I'm going to tell you right now, it's going to end very quickly and very badly for you if you do.
>> It's 3 years. Can I say something real quick? Your honor, I ain't get a opportunity to use the bathroom. Your your officer would won't allow me to come out the cuffs. I don't know how I'm supposed to I don't want to be rude a crew like >> nobody wants to see you without your with your shirt off.
>> Yeah. No, I did. I was trying to get their attention. But >> no, you don't get anybody's attention by flooding a cell and tearing off your shirt. No to any of the inmates for security reasons. If you speak to them, you're just going to be tapped on your shoulder and the deputy is going to ask you to leave.
>> Where's Mr. Wilson?
>> State tells me he has left the building.
>> All right. So, I'm going to issue a warrant for his arrest.
>> Uh, your honor, my client has indicated to me that he might want to represent himself in this matter. Um, I just want to bring it to the court's attention to have the court address that issue.
>> All right, Mr. Jones, why don't you tell me what's going on?
>> I just want to represent myself. I feel like nobody's going to fight for me.
Like, I'mma fight for myself. I've been through void Dwire. I've been through jury trials. I've done all this before.
It's not >> You go to law school?
>> No, I do not, sir.
>> So, do you do you know all of the rules of evidence and the rules of criminal procedure? I don't think I really need it with this case.
>> Yes, you do. You absolutely need them because every time something happens.
Mr. Arnold here has been a a practicing trial attorney with the prosecutor's office in Hamilton County in Warren County for how long, Mr. Arnold?
>> Well, if you add in military time almost 46 years.
>> 46 years. He's a skilled trial attorney.
He knows the rules of evidence and he knows the rules of proc. You can roll your eyes at me all you want.
>> I don't really care about none of that.
>> But here's the problem. I'm required by by my cannons that I hold you to the same standard that I hold Mr. Arnold even though you have no formal training or education in the law.
>> All right.
>> I'm sorry.
>> It will be all right.
>> It'll be It won't be all right. I'm telling you, you won't. It ain't no time, bro. I got 10 in with four left to do. I do not care at all. Even a little bit. It's three years. It's cut and dry.
What happened happened? I didn't start this.
Jury, we let the jury decide. I don't care about none of that, bro. None of the stuff you told about right now make any sense to me. Do I care about it at all? Even a little bit, man.
>> So, >> three extra years max.
>> So, what are you telling me?
>> I'm telling you I can represent myself.
I can handle it. It's not that serious.
>> Miss Martin is a skilled trial attorney.
>> That's cool. I might be a skilled attorney, too. Sometimes you got to try stuff in life and never know how good you might be out there.
>> You ever picked a jury before?
>> I have. I've been through mass of those.
I've been through at least seven different ones of those. Some of them didn't go all the way through. People got sick and stuff like that. Had to do it all over again.
>> You realize that if I if you do this, you cannot use you cannot use ineffective assistance of counsel as a grounds for an appeal. It's not a basis for an appeal. You'd be representing yourself. You'll be held to the exact same standards that I hold Mr. Arnold to. And it would be a it would be a huge mistake.
>> All right.
>> It's not It's not cool. It's it's it's you're making a huge mistake.
>> I mean, I made a whole bunch of them.
I'm sitting in prison right now for something I ain't do. So, I make a lot of mistakes. I don't can't live life with regret, man. Got to do what you >> um Well, I'm inclined to decline that request. We are here on the day of jury trial. The jury is waiting for me to bring them down. I'm inclined to allow Miss Martin to proceed representing you.
>> I don't want Miss Martin representing.
I'm going to represent myself. I don't need somebody that's going to lay down and work with the prosecution. I'm going to do it all.
>> Miss Martin is does not is not >> Well, that's cool. Your opinion is irrelevant in this matter. Your opinion is not helping her. None. You work with the prosecution. You ain't here for me.
>> You are you are incorrect. I do not work with the prosecution. I do not work with the defense council. Actually, one of one of my functions here is to make sure that your constitutional rights are protected, which is what I'm doing right now.
>> Tested.
>> I'm sorry.
>> That will be tested. We will see about that.
The other the other problem is obviously you have a right to remain silent um with with you asking questions and and you're making a huge mistake.
>> It's added to the list. It's a whole bunch of them. It's a long list. Is uh has anyone threatened you in any way or promised you anything uh in order to get you to wave your right to counsel?
>> No.
Just want to represent myself. I can't go I can't go any worse than it might be about to go. It's only 3 years, man.
It's only 3 years. I got to stand. As long as you as long as you understand that in in asking questions, in picking the jury in everything that you do, >> this the other here's the other problem.
Here's the other problem. Is he in shackles?
>> Yes.
>> Here's the other problem. Because you are in custody, you have shackles on.
You want the jury to see you in shackles.
>> That's grounds for an appeal by itself.
I realize that part. You're not supposed to let the jury see me in shackles. So, I mean, that's kind of like a tipsy tury type of thing right there. Know a little bit more than most. ain't all the way simple. Close to it, but a little bit more than most.
Your honor, if you're going to entertain this, I think you'd need a written waiver A and a much more detailed uh the the 12th district and I I can't remember the name of the case a few years ago came out with a much more detailed uh >> All right, we'll go through it. Hang on.
>> All right, Mr. Jones, I've been handed you've been handed a uh waiver of right to counsel. You understand that you have the absolute constitutional right to be represented by an attorney. Do you understand that?
>> Yes, sir.
>> You understand that you are you are not being charged for Miss Martin's services, that you have the right to have an attorney appointed to you free of charge. Do you understand that?
>> Yes, sir. And you understand the charge against you is a felony of the thirdderee assault uh because of uh because of your status, the status of the alleged victim and the location uh of the uh incident being in the department in the department of corrections that the maximum penalty is 36 months in prison.
>> Correct.
>> All right.
Are you aware of any possible defenses uh to this charge of this allegation?
>> Meaning what?
>> I'm I'm just asking the question. Are you aware of any? Are you aware of any?
>> I I don't understand the question you're asking, sir.
>> Well, you're you're going to represent yourself and put on a defense, I assume, at least at least by way of uh cross-examining the witnesses presented by the state.
>> You understand that?
>> Yes, sir.
>> All right. you understand that there may be uh possible defenses that you could raise uh in your uh in your cross-examination of the state's witnesses or in presentation of witnesses on your own behalf. You >> understand that?
>> Like like impeaching a witness, >> sir. I'm not going to I'm not I'm not going to explain every single thing to you. That's why I'm that's why I'm trying to encourage you to go with counsel here.
>> Do you understand?
>> Yes, sir.
>> All right. There may be possible mis uh possible mitigating circumstances. Do you understand that?
>> Huh? No. Nope, I don't.
>> You don't know what mitigating circumstances are?
>> Again, that's another reason why you need to uh have >> three years. That's three years. That's nothing.
>> Let Let me ask you, let me tell you something. Uh if when I'm talking, you do not talk over me. Do you understand that?
>> No, sir.
>> You're not going to misbehave in my courtroom. You're not going to misbehave in front of this jury because I'm going to tell you right now, it's going to end very quickly and very badly for you if you do.
>> It's three years.
>> Well, you you're the one that's elected to go with the jury trial. So, you keep on saying it's only three years. That's fine. All right.
>> You try to give me two of it anyways.
Might as well go to trial.
>> Okay. You understand? And I've told you several times. Now, if you represent, you will be detrimental. It will be detrimental to your case. You understand that?
I don't I don't know if I believe that.
That's your opinion.
>> It is my opinion and I'm I'm strongly advising you against it. But do you understand that that in my opinion uh if you represent yourself, it will be detrimental to your case?
>> Everybody's entitled to their opinion.
>> Okay. But you understand what I'm telling you?
>> Yes, sir.
>> All right. And you understand that if you represent yourself, you're going to be held to the same standards as any other defense attorney and the same standards as I I'm going to hold Mr. Arnold. You understand that? No, sir.
>> Have you ever represented yourself before in any criminal prosecution?
>> No, sir.
>> And you wish to go forward today without the assistance of an attorney?
>> Oh, got can I get a few minutes?
I use the bathroom anyways.
>> Few minutes for what?
>> To use the bathroom. Think about it.
Make sure this is what I want to do.
Take him to the bathroom. Can I >> say something real quick? Your honor, I ain't get a opportunity to use the bathroom. Your your officer would wouldn't allow me to come out the cuffs.
I don't know how I'm supposed to I don't want to be rude or cruel. Like, I know I got off to a bad start with you, sir, and that's not what my intentions were.
I'm just kind of obnoxious and I'm sorry.
>> Yeah, I'm not in charge of security here, Mr. Jones. The deputies and the transport officers are in charge of you your security.
>> I'm supposed to use the bathroom as much. I'm supposed to be able to wipe myself in cuffs. The officer refused to move the cuffs when I was locked in the sale. I'm just trying to use the bathroom. I need to use the bathroom before we get started. Sir, >> roads.
>> Yes, sir.
>> What's What's the issue with him?
>> I was never asked to remove the cows.
>> Yes, he was. Man, you know I had to use the bathroom. I don't know what else I'm supposed to say. I I need the cuss.
>> Let's Let's get through this and we'll talk about your bathroom after that. All right. I advise you that you're charged with an assault of a corrections officer as an inmate at the correctional facility. Maximum penalty, as we've said, is 36 months in prison. After closing arguments, I will give the jury the instructions of law. Now, the in the issues that present themselves with regard to you representing yourself obviously uh is a logistics issue. Since you are incarcerated, uh the shackles on your legs will remain. Uh, the court is going to make a finding. Uh, and again, if you want to have a hearing on this, Mr. Arnold, your >> honor, I just asked the court to take note that he's previously been convicted of assault on a corrections officer and is an inmate incarcerated for offenses of violence.
>> So, I'm going to I'm going to make a finding that uh that you that you pose a security risk to this courtroom. So, the shackles on your legs are going to remain there. Now I'm going to accommodate you in that uh both the state and you will do your opening your voadier your voadier your opening the questioning of witnesses and your closing arguments from council table.
Now you can stand up at that table without your legs being seen because there's there for the record there's a skirt or the the bench itself in front of you hides your feet. No one can see your legs. Uh you understand that? Yes, sir.
>> All right.
So, I I've already told you that uh in the court's opinion, uh representing yourself is is probably going to hurt your case, right?
You understand that I've said I've said to you already that the state of Ohio is represented by a competent, experienced trial attorney and that you will be held to the same standard uh as Mr. Arnold.
Do you understand that?
>> Yes, sir.
>> All right. The rules of evidence and rules of procedure, even if you don't know them, will apply to you. Do you understand that?
>> Yes, sir.
>> I cannot assist you at all during the course of the trial.
>> Yes, sir.
>> You want again understand that this is not a license for you to abuse the dignity of this court?
>> Yes, sir.
>> There will be no appeal for ineffective assistance of counsel.
>> Okay. Yes, sir.
>> Again, how old are you?
>> 38.
>> How far did you go in school?
>> Dropped out.
>> So, are you able to read and write?
>> Yes, sir. Um, are you on any type of medications or drugs?
>> No, sir.
>> Do you have any prior experience in representing yourself?
>> Not representing myself. I've always had good dialogue with my attorneys.
>> Okay. Do you have any prior experience your prior experience in the legal system?
>> Uh, just being charged with stuff.
>> Okay. Uh, you don't have any formal training in the law?
>> No, sir.
>> All right. And you have no mental mental uh deficiency or conditions that would interfere with you uh understanding what's going on here today?
>> Not that I'm aware of.
>> Now tell me once again, is it your intentions? Is it your desire uh that you want to proceed in this trial representing yourself?
>> I'm I'm pretty sure.
>> No, you got to be certain.
>> I mean, >> why don't we do this? Why don't we do this, Mr. Jones? Let's start. Let's allow uh Miss Martin to uh represent you. And if something happens and you don't you want you can change your mind later. It's easier to go that way than to go the other way.
>> You can't have it both ways. What's that?
>> Use the bathroom cuz I really got to go, sir. I just need to use the bathroom.
I'd be a lot more focused and stuff. I really got to use >> All right, RHS, take him to the bathroom. I'm not going to go over this with you again. You have this last one last opportunity. Understand, sir.
>> All right.
>> Take him. Let's go off the record.
All right, we are back on the record in the state of Ohio versus Aaron Jones.
Mr. Jones, you've had your second trip to the bathroom now. Uh, I take it everything went better.
>> Yes, sir.
>> All right, now uh you have in front of you a form called waiver of counsel.
I've gone over with you all of the elements uh of granting that waiver. Uh do you still wish to proceed as your own counsel?
>> I need to get some count. I need real counsel. My I talked to my family. They they was talking about hiring a lawyer.
I thought it was thought a little more cut and dry. It's got a little more confidence in Miss Martin than that. And just at this point in time, I'd rather just wait on my family to get a lawyer for me.
>> But that's not going to happen. This case is is proceeding to trial today.
I'll represent myself then.
>> You you you want Miss Martin uh >> I don't want I don't want her near me around me or nothing. She can >> All right. Sign the form in front of you.
>> What's the date?
>> Today's the 18th.
All right, Miss Martin, you'll stay uh behind uh Mr. Jones as uh stand by counsel. Mr. Jones, uh you have uh that's your signature, sir?
>> Yes, sir.
>> And you read this document?
>> No, not really.
Why is Miss Martin here?
>> Cuz I'm making her a standby counsel in case there's an issue. She'll be in the back of the courtroom.
>> I don't need >> Mr. Jones, I don't care what you want with regard to that. I'm following procedure and this is what we're going to do. Read the form, please.
>> The whole Mr. Jones of representing myself was cuz I didn't trust the lady. That was >> okay. She's she's not she's she's >> she's still here and attached to my case.
>> She's removing herself. I'm moving her was for that was for me to be able to represent myself.
>> You You will be sign the form.
>> Form was already signed. You already signature my signature was on that [ __ ] You already sent it to there. What are you talking about, >> Mr. Jones? Read the form. You said you didn't sign it, man. That's cool. Go ahead.
>> Read the form. Are you able to read and write?
>> Sometimes.
Depends on how many pictures are on.
>> You done?
>> I ain't reading. It's already signed you. We already went over it is cool.
>> All right. The court will make a finding then, sir, that you've made a knowing, intelligent, and voluntary waiver of your right to counsel, and the court will accept that. Mh. Martin will stay in the courtroom and stand by counsel.
Uh, other than that, I miss Martin stand by >> Mr. Jones, I'm going to tell you one.
>> Mr. Jones, I'm going to tell you. I'm >> allowed to objecting. I'm on counsel now. I'm allowed objecting, ain't I?
>> Then you say the word objection.
>> I did. I said I object.
What are you objecting to? I >> remove stand by as council. I'm representing myself. I don't I'm objecting to having her here. I don't trust her. That's the whole reason of me releasing her was to represent myself cuz I didn't feel confident with her abilities, nor did I feel confident enough with her not working with the prosecution order to help lay down and obtain a conviction. My my my removing of her was based on >> Stop. Your objection is overruled. Miss Martin will stay in the courtroom as acting counsel. Stand by, council.
Sorry. All right. Are we ready to bring the jury down?
>> Yes, sir.
>> All right, bring them down.
>> Two of the three men arrested in a weekend standoff accused in a pre in previous deadly shootings. One of those shootings happened right outside a Bear County deputy's home.
>> This is all new information. We have learned about these suspects today.
According to an arrest affidavit, detectives believe that Joe Isaac Lee Gianz is connected to the shooting that killed 22-year-old Cadia Derry. Now, he's not been charged with Derry's murder, but that same affidavit says that Derry's uncle, who was a Bear County Sheriff's deputy named Gianz and another teenager, as possible suspects.
>> Yeah, that shooting happened just before 8 last Wednesday night in Converse.
Investigators say Derry was sitting in her car when two men ran up and shot her more than a dozen times. All of it caught on surveillance cameras. The arrest affidavit says the next day the victim's uncle, that Bear County Sheriff's deputy, showed Texas Rangers an Instagram video that placed Giannes at the crime scene. Texas Rangers then spoke to an SISD police officer who was able to identify Giannes in that same video.
>> Meanwhile, another man arrested in that east side standoff from over the weekend is 19-year-old Curtis Ray Wilson. Back in October of 2022, Wilson was charged with capital murder and the Bear County court records show the case against Wilson was dismissed due to insufficient evidence.
>> Defense, is that the plea bargain agreement?
>> It is, your honor.
>> State, is that the plea bargain agreement?
>> Yes, your honor.
>> Then, and cause number ending in 27B, how do you plead to count one? Guilty, not guilty, or no contest?
>> Okay, no contest.
>> Count two, how do you plead?
>> No contest. And in the cause number ending in 28B, how do you plea? No.
>> No cons.
>> State any evidence.
>> For each case, the state offer states exhibit one with attachments.
>> We've reviewed them and I have no objections.
>> And each of the cause numbers, did you review the waiverss with your attorney?
Did you understand it and sign it in all the appropriate places?
>> Yes, ma'am.
>> 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 in the right to remain silent?
>> Yes, ma'am. Did you understand that today the state will be presenting evidence in the form of witnesses statements and police reports but most importantly there will be no live testimony. Did you understand? Yes, ma'am.
>> And each cause number of the court will find that defendant has knownly and voluntarily waved and consented to stipulation of testimony and stipulations. Court will accept into evidence states exhibits one and attachments and the court will review the same and states you're excused.
Court will defer finding of guilt as you apply for deferred adjudication. We're going to come back on December uh 19th.
I'm going to ask for a PSI tap evaluation. Is there any need for any mental health evaluation, council?
>> I don't believe so, George.
>> All right. On the 19th, I'll review whatever evidence is presented to me and make a decision on your application.
>> Yes.
>> All right. Is there anything else from either side?
>> No, your honor.
>> Nothing from the defense.
>> All right. Thank you.
All right. The court has reviewed the letters.
All right. Uh, state your post.
>> Yes, sir.
>> All right. Why are your oppos?
>> All right. Defense.
>> Obviously, we're asking for the deferred adjudication judge. We'll get here in both cases by law of parties, not by direct action by him. Um, Mr. Mr. Wilson was 19 years old. In fact, he turned 22 months ago.
uh at the time of this offense. Um he has graduated from high school actually with her from Sam Houston finished it online home toured by his mother. He had just gotten with the wrong people going places not questioning where he's going.
He and I have talked a great deal since he's been incarcerated.
He understands that can't just pick up a chemical and go not ask what's going on.
He has some positive plans as indicated by the letters for his future. The young man has a good head on his shoulders and a good positive attitude and definite plans.
sending him to prison at this point in his life is certainly not going to do anything for any more society. Giving him a chance on deferred understanding the full weights of the punishment is pending over his head should he not make it. Uh he's motivated to finish that, get out there, get training um and just become a productive member of society.
He intends eventually to own his own business, looking at truck driving and some other things. So, he's he's looking at the future. He's had a lot of contemplation since he's been in custody.
He certainly does not apologize, not the right word. He's almost ashamed that he's he was involved in this thing at the scene. He was a passenger in a vehicle. um he knows it shouldn't have been there.
We're asking for the court to give him a chance.
>> So, I'm reviewing the facts of the case.
And in the facts of the case, it says that they were the person identified him because they knew him from school. He identified which position he was in. And that a person went in with a mask on.
So, at what point are you not aware of what people are doing? That's what I'm trying to figure out.
>> The question was about what was going to happen, what was happening at the time when everything is happening. Well, he was with the people. They were going to do something. He just he he went along with it. His mistake was not understanding what was going on, not asking questions about what's going to happen.
>> So, he's saying that >> when when people Actually, there were there were multiple cars involved in this case. The one that he was in didn't have anybody in a mask that came out of a different car.
He never left the vehicle he was in. He didn't have the firearm.
>> All right. If he's saying he didn't know >> arguing about whether that not the other people had firearms or not in that vehicle.
>> All right. If he's saying he didn't know about this plan and he wants a jury trial, I'll give him a jury trial. But based upon what I'm reading in the reports, I don't think he's a good candidate for probation.
>> Let me let me talk to the clock.
>> Sure.
>> Go back and talk.
>> All right. So, what has it? We're back on the record and 2024 CR2927B and 2024 CR2928B.
Uh, defense, did you have a chance to confer with your client?
>> I have, your honor, and given the choices we have, we'd ask that you'd like to withdraw the plea and and get trial setting.
>> All right, Miss Ferguson, can I have a jury trial setting on Wilson?
>> State. How long do you expect this trial to last?
>> Four days.
>> All right.
You can do March 4th.
>> All right. Your jury trial date will be March 4th.
>> Understand?
>> Thank you.
>> Thank you, Judge.
>> All right. We're scheduled for jury trial, council.
>> We are. We've agreed to Callaway. We agreed for June the 10th, judge.
>> All right.
>> Yes. Three or four days. It'll end on Friday 13th. All >> right. So, you're saying June 10th?
>> June 10th.
date. This is your agreement for jury trial on June 10th.
>> Yes, Jud.
>> All right. So, your jury trial date is going to be June 10th. That's what both parties have agreed upon. Do you understand?
>> Yes.
>> All right. We're going to go on the record. Parties calling 2024 CR3099, 2024 CR2972B, and 2024 CR2928B.
State versus Curtis Wilson. Can I have parties announce for the record for the state?
>> Andrew Harris Stleman >> defense written for sure.
>> And are you Mr. Wilson?
>> Yes, ma'am.
>> All right. Council, do you have all discovery?
>> We do. We do, judge.
>> All right. And are there any pre-trial motions that need to be heard?
>> Not yet.
>> All right. What do we mean by not yet?
Are there going to be pre-trial motions?
>> There will be pre-trial motions.
>> I just don't know which ones.
>> All right, Norman. This is set for jury trial on June 10th. Both parties have agreed to that date. Is that correct?
State defense.
>> Yes, judge.
>> It is, Judge.
>> All right. And then, Miss Ferguson, this needs to be set for motions.
>> We've also agreed that we'll go on the 2928V pitch.
>> Is that correct, state?
>> Yes, judge.
>> All right. So, here's the thing about that. I understand what you all have agreed to, but if for some reason that cadence case is dismissed, everybody needs to be ready on all cases.
>> Yes, sir.
>> All right. What date for motions?
All right. Your motions date will be June 2nd.
>> All right. Is there anything else?
>> Not from the state judge.
>> Not from the defense.
>> All right. Thank you.
>> Thank you.
>> Do you have any questions?
>> All right. You're going to be brought over dressed for trial on June 10th and whatever clothing you have at the jail.
If you wish to be attired in different clothing, you'll need to speak to your attorney and they will do a clothing exchange, but you'll need to sign the form for that counselor. If there's an issue with the clothing exchange, let the court know and we'll see if we can help you expedite that.
>> Understand?
>> All right. Thank you.
>> Yes.
been later. Your name was not called.
>> All right, everyone. These are the rules. Please follow these rules. Uh for the people in the audience, you are not allowed to speak to any of the inmates for security reasons. If you speak to them, you're just going to be tapped on your shoulder and the deputy is going to ask you to leave.
>> All right. Where's Mr. Wilson?
>> State tells me he has left the building.
>> All right. Right. So, I'm going to issue a warrant for his arrest.
>> Judge, I'm asking that he be remanded without bond.
>> I'm going to issue a judge's warrant and remand him without bond.
And we're going to go on the record.
Court is calling 2024 CR 29 27B 2024 CR2928B 2024 CR3099 state versus Curtis Wilson. Can I have parties announced?
>> Megan Galloway for the state.
>> Renau for Mr. Wilson.
>> All right. This hearing is scheduled at 9:00 a.m. Uh I did notate that I saw Mr. Wilson uh in the courtroom. Did he show up for court today, council?
>> He did, judge. All right. And deputy, could you make an announcement for Curtis Wilson in the hallway, please?
>> All right. Thank you. All right.
Defense, do you know where your client is?
>> Do not, your honor.
>> All right. State.
>> Your honor, I'm asking that the court issue judge's warrant and remand the defendant without bond.
>> All right. The court will issue a judge's warrant in each cause number and remand your client without bond. And the court did uh today receive a violation of court council. Have you had a chance to review that?
>> Given to us about an hour ago, Joe.
>> All right.
>> All right. Thank you.
>> Thank you, Josh.
>> Sure.
Okay. What I have Roberto Laura is that that was just a guy, right?
>> We're waiting on the attorney on that judge.
>> Langston Adams. Okay. This is the person that hired another one out of Houston, right?
>> And then we have one more too, Mr. Burbank, you said you'd wait till the end to call trouble.
>> 23 CR1392 is called uh Daniellea Tescu.
>> That's you.
And you are here with your attorney, Mr. Adams. Does the defendant wave a formal reading of this indictment? Can we proceed in uh summary's passion?
>> Yes, sir. In summary, this indictment alleges that honor about April 5th, 2023 in Jefferson County, Texas, you committed the state jail felony of theft. Do you understand what you are charged with?
>> Yes.
>> Yes.
>> If convicted, you face confinement in a state jail for any term of not less than 180 days nor more than two years in the state jail. Fine can also be assessed up to $10,000. Do you understand?
An agreement's been reached where you would be pleading guilty. Whatever sentence shall not exceed a cap of one year in the state jail. So So you were looking at uh if sentenced to confinement, you could be looking at no less than 180 days up to one year confinement in the state jail.
You could be looking at deferred or unadjudicated probation where you're on probation and not found guilty and that can be up to five years in.
You could be sentenced to one year up to one year in the state jail and that can be uh suspended and you could be placed on probation for up to five years. I think those are your options.
Do you understand? If I follow this, you have no right of appeal of your case. Do you understand? You're gonna ask for a presentage report.
>> I can wave one judge if if you and the reason why is she's seven months pregnant right now. She has a kid outside. Uh they currently live in California. And >> it's just moving back running back and forth costly.
>> Yes, sir.
>> All right. If I follow this agreement, you have no right of appeal. Do you understand?
How do you plead to this charge of state jail felony of theft? Guilty or not guilty?
>> Ma'am, >> I'm guilty.
>> Are you pleading guilty voluntarily?
That is on your own free will and because you are indeed guilty.
>> Because you are guilty of >> that. Yes. Okay. I show you what's marked as states exhibit one. Did you sign that document?
>> Yes.
>> Did you understand it? Discuss it with your attorney?
>> Yes.
>> Are the contents all true and correct?
>> States exhibit one is tempered into evidence and without objection admit it.
Among other things, this states you are mentally competent to enter your guilty plea which is freely and voluntarily made. You know what you've been charged with. The indictment's been read to you.
You've read it. You were guilty of the crime charged and any lesser included offenses. You were giving up your rights to a jury trial and the right to the appearance, confrontation, cross-examination of witnesses. You were totally satisfied with the representation provided by your lawyer.
All of this is true at states. So help you God. Correct.
>> All right. States exhibit one is made a part of the record for all purposes. Is a precent report waved here?
>> Yes, sir.
>> All right. Okay. Then let's hear from everybody what y'all want.
>> Judge, uh, this is a cap of one year.
I'm asking you to really consider a deferred adjudication. And the reason why I'm asking you to really consider deferred adjudication is is that as you can see, she's pretty emotional. She uh she's pregnant right now, eight months as we as I talk to you. It's very separate. Uh when she walked up, if you remember, Bao said that there was a kid outside because she was here with her kids. So, someone's out. I think that's her husband is outside. I I want to know uh what what's important of course is >> criminal history, >> right?
>> What do we know? I don't know anything about her. Uh I know what this uh probable cause statement states about the event.
>> Have you ever been convicted of anything before?
>> No.
>> No, this is the first time, >> right?
>> Yes.
>> Yes.
>> Okay. She did have one alien removal back in 2022, but that was the only saying that she's had prior.
>> Are you a citizen of the United States?
>> She's not.
>> And judge, that's another reason why I was asking you to really consider to defer because >> why?
>> Well, what what does that do? How does that how do you treat somebody differently under the status? Because because of what? What I was asking judges is that one all the items as I understand it will be recovered. Two >> I know but it wasn't her wasn't because of her was because they caught her.
>> Home Depot >> Home Depot.
>> They had makeshift pouches that were that they were putting the items in to secrete them.
Is there a list of the things?
>> Um, >> is there $4,000 worth of items?
>> There is a receipt, your honor, that we have in the file.
Um, it was a bunch of breakers that they were stealing. Um, a 1-in frame, a pole, a breaker.
A lot of the things that they were stealing were about $68 and they were stealing a lot of them.
If you would like to see the receipt, your honor.
>> Have you seen this?
It may also be of note to the court, your honor, that they recognize them at the Home Depot because they had been stealing at other Home Depot locations up and down I 10 from Florida >> and judge um in talking to my client, I mean to my understanding, she has not been convicted anything else with any any other state. So, and and she denies those allegations.
But as far as this particular case, I think that they had fallen upon hard times and and made a very bad decision.
She's very remarkable, as you can see from that decision that she's made.
She's accepted responsibility and and and because, as the state said, she didn't have any prior convictions.
Not because I think I'm responding to your question about immigration status.
So, it's not because of her immigration status, but any other American with her criminal history is likely to get a deferred based upon the fact that they have limited criminal history the way she has. It has nothing to do with her immigration status.
>> I think that and she's living here illegally, right?
You're here illegally in this country, right?
>> All right. Well, uh, the invento I mean, welcome. My family immigrated, but we did it the right way legally.
I got them from Spain, Italy, Ireland, but they went through the proper procedure. You're a guest.
We say welcome.
I My grandmother was a Rodriguez.
Welcome. But don't take advantage and steal.
I pay for this loss. Everybody does. You steal, others pay. You know that.
Thou shalt not steal. We all know that from little kids. That's a commandment.
It's the law, too.
But you're here as a guest.
>> I want to go deeper.
>> Uh you guests don't guests when you invite a guest to dinner, they don't steal the silverware.
That's not a guest. That's not acting correctly.
And you make it difficult. People like this who do this make it difficult for other immigrants because people are wanting a a dream. That's what America is. But don't make it a nightmare for the Americans.
Do it the right way. Follow the law.
There's a way of metriculating into being an American citizen. It's the correct way. But it's not by going around the country stealing.
>> She just said that y'all had been at other Home Depot.
That's not right. That's approp That's inappropriate. That's terrible.
And that ought to affect immigration status. I it should because we don't we welcome people but don't steal.
Follow the rules like I have to follow.
We all have to follow the rules. Why aren't you?
Y'all are going from one city to another making a mess committing crimes.
That's not right. That doesn't help you metriculate become an American citizen which is what you want. Well, I I empathize with that. about my my family are not Native Americans.
We came in generations ago, but did it the right way and my and my family wasn't our families aren't caught committing crimes when they're trying to become an American citizen here. I don't understand what's going on, but that's what we see a lot in this room. People who are not American citizens are committing crimes. some of them very very very terrible things. This is still when you steal steal from a a retail they pass on the loss to the other customers.
So the prices go up for everybody who are doing the right thing. You think that's fair? No. That's why thou shalt not steal is the rule. That's why it's against the law. Anyway, what are you asking for from the study?
We're asking for one year state jail, your honor. Given the fact that she had a small child with her, she had sewn in a pouch into her dress. It >> looks like she had manufactured uh items, methods to help uh steal the stuff so that it it would not be discovered. She just didn't do a good job of it.
You're asking for one. Yes, your honor.
>> And there's my response to >> and go ahead that that you please be able to defer probation. So I understand that her status may not be US citizen but that one I guess that eight month I don't know exactly age eight month one year old baby how old outside is a US citizen and to my understanding she's incarcerated and they're from Romania to my understanding from talking to her history she's Romanian and she was escaping persecution in Romania and I'm just giving a story what I know but there are there are sister sister sister states surrounding Romania that somebody can flee to flee to who accept people. She came to she crossed over >> the ocean to come here and fine we welcome you but follow the rules like we all follow the rules or else you end up in here and when you fail to follow the rules you get punished. That's the way it works when we knew that growing up.
We were all taught that, >> right?
>> And that's true, Judge. And and the thing is is that if she's incarcerated, then I don't want to see that child because obviously she doesn't have a mama, daddy, cousin, brother, sister in America cuz they all in Romania. And I and I don't want to see that one child taken into CPS custody if she's incarcerated. And >> and nobody nobody does. And it's a You're making a valiant argument. The problem is is that all people have to do is have children so they can say, like Mr. Adams says, I don't have to go to jail. I'll commit crimes, but I have children, so I get a get out of jail free card. That's not the way it works either. You can't hide behind children or your responsibilities.
But you had to know you were putting your children in harm's way.
When you steal, you have children.
You're setting a role model. What are they going to learn? I'll steal this.
I'll steal like mommy. That's not a good example, is it? No, it's not.
>> I want something better for my baby.
>> And I can understand when people have to take milk for the children. Uh I'm sorry. These aren't necessities. These are util. These are electronic items.
What were these going to be used for?
What were they what were you stealing these for? What were you going to do with them?
>> I was with my mom and he needed for her.
She told me to get the money. But >> and she you you can see he both is not in the court. He left the court. He let me here alone.
Nobody stealing me up. Just my baby and my husband. Nobody.
>> Well, you had the inner you had the inner pouch in your dress that was sewn in and made for stealing items.
That's not good.
And then the person, the man you're with, he's left you and he's he's he ran off like a little baby and is not uh like a little child and is not dealing with responsibility. He's not helping you deal with this and accepting responsibility. He left you to to be responsible for all of this.
Is that right?
Well, that's He gets an F for being a man.
But you did more than just make a poor choice of who to to uh partner with. You made your own bad choices to me. All right. If there's nothing further, I'm going to follow this agreement and find you have pleaded guilty voluntarily. You are mentally competent to do so. You understand and appreciate the consequences of pleading guilty regular.
Uh there's uh sufficient evidence supporting your guilty plea to find you guilty beyond a reasonable doubt. From states exhibit one. I now find you guilty beyond a reasonable doubt of this offense. I'm following this agreement.
You are hereby sentenced to confinement in the state jail for one year. I'm going to suspend this and place you on a probation for 3 years. There will be terms and conditions of probation. It looks like everything was recovered so that there's no restitution. There will be terms and conditions of probation um that are normal and customary for this. If you fail to follow your probation, your probation can be revoked and you can be sentenced no less than 180 days up to one year in the state jail. This is also a final conviction.
It may affect your your ability to gain citizenship, which is the price you pay when you commit felony crimes when you have not gained your citizenship. But that will be for the immigration people to decide.
Do you understand what has happened to date? I do.
>> Do you understand? You commit crimes, you get caught, there are consequences.
>> All right.
When this is prepared, I will sign it.
Then the probation officer will go over this with you and then you will sign and you begin probation. Now, where where do you live in? Orlando.
>> Where do you live now?
>> I'm living in California. in California.
Well, what we're we don't transfer. It's Isn't there something about transfer? I don't transfer probations. I do I can do courtesy supervision.
>> Uh but transfer means I give all the responsibility of handling any disposition to another circuit. But generally they don't they'll courtesy supervised but they don't like to handle additional cases from other states just like we don't because we're full.
>> Right.
>> If you fail on your probation you'll be brought back here and you'll have to answer to me but I can uh allow you to be supervised over there.
But again this is a final conviction. It may affect your citizenship. You have to know that.
Or your ability to gain citizenship.
Okay, please see this lady and she will go over the probation with you. Okay, thank you.
>> Thank you.
>> What's next? Is that it? I think that's all.
>> Okay, I've got two other thing. Marcus, >> of defense council, you were in an accident. Well, there was that and then the last time I was here, um, Angelini was presiding. Yes.
>> And so, yes. Um, >> I conferred, >> but there was one single issue about whether or not there is a phone extraction.
>> All right.
>> And judge, uh, you know, I just assume the docket. I I did see what defense council is talking about. I did send an email to the detective today, uh, to see if there was an extraction or not. It's unclear from the report. So, I hope I'm hopeful that I get an answer if not today, very very soon.
>> All right, Norman, have this case brought back tomorrow. It is Gonzalez.
>> Can we do it on Thursday?
>> Oh, you guys are up for trial. Is he going to be wearing that? What does that say?
>> The Blight Club. It's a Magic the Gathering tournament club.
>> Ah, it's a gathering of >> Magic the Gathering. It's a card game.
>> Oh, it's sort of like um >> Pokemon.
>> No. What did they used to have before Pokemon? Dungeons and Dragons.
>> Yeah, it has some similarities.
>> Okay. Does that glow in the dark? I'm just wondering.
>> Let's turn off the lights.
>> Okay. All right. We'll bring you back tomorrow, council. You need to have that information for defense.
>> Okay. I'll I'll I'll reach back out to the detective. So, we need to answer ASAP.
>> All right. Thank you.
>> All right. So, why are you doing this?
>> Well, I mean, no, because here's the thing. You clearly know that this is someone who's underage and of course it's a sting operation, but you knew that person or you thought that person was underage.
>> It was a dumb dumb choice.
>> Well, I don't know if it's a dumb choice. It's I'm I'm trying to figure out if this is something he enjoys, the underage aspect of it, or if there's something else. Because I'm trying to figure out whether I should accept this plea and whether or not he's a danger to other people because dumb choices.
I don't think it's a choice. Is it a dumb choice? Yes. But I don't think that's the reason he made the choice because how old is he >> at the time? Your honor, he's 31.
>> All right. You're 31 and trying to have an interaction with a 15year-old. Why?
>> Uh I have no excuse for it.
Anything to say, council?
>> Well, your honor, he's been in custody for an extended period of time. He doesn't have a criminal history. um pretty much from beginning of my representation October of last year you know he has mentioned that he basically he's wanted to accept responsibility for this um there's nothing from his from his past which would indicate any continuing danger um in in the stipulations and again this doesn't excuse anything but in the stipulations you know he basically just says he hasn't had a I believe he has had a girlfriend or been around hasn't had a relationship in four years. Um, you know, he's always told me it was terrible decision on his part.
But he also assured me that once that happened, that was it. It was a shock to his system clearly and it's obvious it was shocking to him in the video from the body camera footage. Um, you know, it's one of those things where he hadn't had the opportunity really to think at that moment about some of the ramifications of what was going on, but he has these 225 days he's been in custody.
He knows also he's been advised about the chapter 62 compliance. He knows that it's because of this inexcusable decision on his part that he's got a lifetime of consequences.
>> All right. Anything from the state?
>> Uh, your honor, I confirm what defense said in terms of the very minimal criminal history uh from Mr. Gonzalez.
There were a couple class B marijuana charges. Uh, he he had a a couple misdemeanors as a juvenile, but no felony arrest uh for for Mr. Gonzalez prior to this incident.
>> And and one last thing is he was did express he was grateful that there wasn't an actual person involved that it was just an adult posing that you know there was an actual individual that was harmed by this.
>> All right. This is what the court is going to do. Uh the court is going to follow your agreement, find you guilty, sentence you to two years in the prison, give you credit for any time served.
There should be chapter um 62 registration.
There should be no contact with miners >> and no residents with minors.
>> Is there anything else with regards to sentencing?
>> No. Nothing. M.
>> Did you review the document entitled trial court certification of defendants rights to appeal with your attorney? Did you understand it and did you sign it?
>> Yes, ma'am.
>> Right. Because this is a plea bargain agreement. Because I followed the plea bargain agreement and because you waved your right to appeal. You do not have the court's permission to appeal.
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'll need to speak to an attorney. Do you understand?
>> Yes.
>> All right, we can go off the record.
Here's the thing. Whenever sometimes the people on the other end, they're they are underage people, right?
And I can tell you some parents are not good parents. But then you have some parents who are trying to do the best they can, but they really can't keep up with technology and what their children are doing or should not be doing. So you need to always be thinking about that and you should be trying to make society better, not go through loopholes. You understand?
>> Yes, ma'am.
>> All right. Good luck to you.
>> Thank you, Mayor.
>> You're welcome.
>> Thank you.
>> Excuse me.
>> All right.
Are you Mr. Mandola?
>> Yes, ma'am. Mandola.
>> Everyone, please be quiet.
So, why are you flooding sales downstairs and taking off your shirt?
>> No, I miss >> Nobody wants to see you without your with your shirt off.
>> Yeah, I did. I was trying to get their attention, but >> No, you don't get anybody's attention by flooding a cell and tearing off your shirt. No one wants to touch you when you're not dressed. Do you understand?
>> Yeah.
kind of cross.
>> Well, you did.
How far did you go in school?
>> Oh, ninth grade.
>> All right. But you still should know better.
>> You understand?
>> Yes, ma'am.
>> Now, you're going to get your jury trial date. What date is that, Miss Ferguson?
>> All right. You're coming back for jury trial on October 18th. On that date, either you're going to enter a plea or you're going to jury trial. Do you understand?
>> That's either yes or no.
>> Oh, I understand what you're saying.
So, you're going to come back on October 18th.
>> October 18th.
>> Yes. For your jury trial or either you're going to enter or plea. Do you understand?
>> That's yes or no.
>> Do you understand?
>> I understand. So, that's just saying like we're going to like discuss what's going to happen and everything, right?
>> Oh, this is what's going to happen on October 18th. On October 18th, you're going to be brought over dressed for trial. If you decide to be in the back and take off your shirt and flood the sales, let me tell you what's gonna happen. You're gonna have a jury trial with no shirt on.
>> Oh, shoot.
>> You understand?
>> Well, I mean, it seems that you are trying to do that because you did it.
So, on that date, you're going to be dressed for trial. How you appear in trial will be completely up to you.
There are consequences for actions. Do you understand?
All right, you can take him away.
>> Is that it? That's it, right?
>> That's it.
>> And Brennon, now there's silence. You all may confer.
Related Videos
BREAKING: Judge Kathleen Issues Emergency Arrest Warrant After Trump Defies Order
Frontora
2K views•2026-05-29
8 Hidden Things About Mackenzie Shirilla Netflix's 'The Crash' Didn't Show You
MarvelousVideos
2K views•2026-05-28
MP Garnett Genuis warns Canada’s MAiD system has ‘gone too far’
WesternStandard
187 views•2026-05-28
THE STREISAND EFFECT AT BARBARA STREISAND’S HOUSE! - First Amendment Audit
KULTNEWS
1K views•2026-05-30
Trump Impeachment STORM IGNITES as 29 Judges Vote for Conviction!!
DanielBriefDaily
2K views•2026-06-02
EBK Jaaybo Won’t Be Going To Trial?! | Criminal Lawyer Reacts
floridadefenseteam
404 views•2026-05-29
OFFICE HOURS: The Theft of Black Brilliance... AI and Intellectual Property (w/ Lisa E. Davis)
marclamonthillnetwork
2K views•2026-05-29
सुप्रीम कोर्ट में 5 जजों का शपथग्रहण समारोह #supremecourt #judges #oathceremony #shorts #ytshorts
Bharat24Liv
4K views•2026-06-02











