18-Year-Old Pleads Guilty… Judge Boyd's Response Left The Courtroom Silent

[00:00:00] Speaker 1: state is proceeding on the less included offense of assault bodily injury range of punishment is up to one year in the bear county jail and up to a four thousand dollar fine cr zero zero three one four nine state versus de asia jones can i have parties announced for the state we're naming us on behalf of miss jones and are you miss jones counsel you received all discovery did you review it with your client yes your honor what we'll find that the state is in compliance with discovering miss jones did you review the application for deferred adjudication with your attorney did you understand it and sign it did you review the true bill of indictment with your attorney did you understand it counsel do you weigh the reading of the indictment yes sir state are you proceeding on the indictment as presented no your honor state is proceeding on the lesser included [00:00:45] Speaker 2: offense of the class a assault bodily injury no objection [00:00:53] Speaker 1: all right did you review the court admonishments with your attorney did you understand it state is proceeding on the less included offense of assault bodily injury range of punishment is up to one year in the bear county jail and up to a four thousand dollar fine if you have a plea with the state the court does not have to follow your plea if 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 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 by entering this the court would not be able to give up those rights did you intend to give up those rights and enter into a plea in this case all right did you understand if the court would grant your application for deferred adjudication if for any reason your deferred adjudication will revoke i could find you guilty and sentence you up to one year in the bear county jail and up to a four thousand dollar fine do you understand counsel has your client been able to provide you with any defenses she has your honor do you believe she has a rational as well as a factual understanding of the charges against her my opinion she does do you believe she's currently competent was legally saying at the time of the offense that is correct ms jones has anyone threatened you coerced you or placed you in fear to get you to enter this plea anyone promise you anything other than the plea satisfied with the way you've been represented if you're not a u.s citizen you will be deported denied naturalization and re-entry did you understand court will find that defendant has knowingly and voluntarily waived her right to jury trial did you review the plea bargain page with your attorney did you understand it according to the plea the state is proceeding on the less included offense of class a misdemeanor assault they're requesting a 500 fine and they're recommending deferred adjudication did you understand that to be your plea state defense yes judge yes sure did you review the wave of appeal paragraph with your attorney did you understand it and sign it in both places 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 rules upon by the court did you understand any such motions outside the agreement the state is requesting that your community supervision before term of 14 months 80 hours community service restitution the apsc course and cognitive thinking did you understand those were recommendations from the state and the court does not have to follow those recommendations to the less included offense how do you play guilty not guilty or no contest state any evidence yes your honor state offers states exhibit one and all attachment no objection all right state to me be excused did you review the waiver and stipulations with your attorney did you understand it and cited in all the appropriate places 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 term being silent 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 court will find that defendant has knowingly and voluntarily waived and consented to stipulation of testimony and stipulations court will accept into evidence states exhibits one and attachments and review the same all right the court will find there's sufficient evidence to find you guilty the court will defer find any guilt as you've applied for deferred adjudication are we proceeding with sentencing yes your honor [00:04:12] Speaker 3: anything you wish to say on behalf of your client we're asking this honorable court to uh accept the negotiated plea bargain agreement that we've had with the state um seems like they've uh took into consideration in the offer the age of this defendant kind of uh as well as the circumstances where it seems that she might have some anger issues that needs some addressing which is why uh we're asking for that anger management class so she can get better handle on her issues and uh have good stressors and good outlets for her stress so they don't bottle up and uh just become to fruition in terms of chaotic moments so uh she's cognizant of that and rescue for a chance at this probation all right how old are you [00:04:52] Speaker 1: and all right have you graduated high school all right where were you in your class were you at the top of the class the bottom of the class middle of the class and what were your grades like what does that mean okay and decent season what in like now algebra okay why nobody starts out being good at math but you learn your foundation and then you become great at math so i don't understand why you're not applying yourself so since you've graduated what are you doing now with your life okay why didn't you start taking your sat usually people do it why hasn't that already been done [00:05:58] Speaker 2: so i have to go up to the school so that we all right you don't have anybody at home to help you my mom was she's not [00:06:09] Speaker 1: you didn't have a counselor in school [00:06:11] Speaker 2: um i never talked to my class so i did have conversation why not [00:06:21] Speaker 1: well you're going to have to and if you're the first person who's going to college in your family you're going to have to figure out what you want to study what your major is going to be in and you're going to have to figure out what classes you need to take for that [00:06:35] Speaker 2: so what are you thinking about studying psychology i plan on going to school for two years there and then transferring to a university to my community all right which school um i'm starting next after [00:06:51] Speaker 1: okay is there a reason you're starting there as opposed to just going to a four-year college [00:06:57] Speaker 2: yes because i need time to like live out and also if i feel like i'll do great stuff [00:07:04] Speaker 1: okay before jumping into some other friends and where are these anger issues coming from because the language you were using here is inappropriate [00:07:13] Speaker 2: it was coming from i had an argument with someone before as they should i was already like upset that day because i was already on edge so when it came to like that moment i was just like [00:07:35] Speaker 1: and what did your mom say about all of this [00:07:41] Speaker 2: thanks yeah you do [00:07:47] Speaker 1: all right because i i can tell you back in the day when i was in school you know what would have ended up happening to you number one you would have been sent to the principal's office our principal it never happened to me but i heard rumors there was a hole in the wall they tell you to look in that hole and then a wooden paddle comes down on you and then they call your parent then your parent comes to school and you know what ends up happening that parent tells you to look in the hole and a paddle comes down on you and then you're sent back to class and you never do this again now people file criminal cases so if you don't uh change your ways and get an handle on your anger issues it's not going to go well for you in college do you understand what i can tell you is after you completed uh this probation if you need any advice about college you can come to me okay all right this is what the court is going to do uh the court is going to send you to one year deferred adjudication there's regular reporting by zoom or in person there's a 500 fine that will be probated and is there any reason for well she may need to go back to school that she needs to get transcripts or something there's going to be 800 hours community sir 80 hours professional oh no i'm doing 100 oh yeah there's going to be a 100 hours of community service restitution uh miss abrams what do we need to address her anger issues all right so the court will deduct 50 hours upon completion of anger management classes and then the other uh 50 hours will be deemed satisfied upon enrollment in college there is to be regular uas field visits one time per month for three months and miss abrams do you all have any body that can help her because i'm not going to be allowed to do it as long as i'm presiding over this court is there anybody can help her or a program that can help her with applications for college or something since that's what she wants to do [00:10:16] Speaker 2: especially thank you all right so you let them know and uh counsel you can make sure you stay on [00:10:25] Speaker 1: top of that so they'll know to help her with that yes ma'am uh probation is there anything else all right anything else you need from the court to be successful all right did you review the document entitled uh trial court certification of defendants rights to appeal with your attorney did you understand it and did you sign it because it's plea bargain agreement because i followed your plea bargain agreement and because you waive your right to appeal you do not have the court's permission to appeal do you understand oh and miss abrams i'm gonna i'm gonna add no possession of firearms that may change once you've completed your anger management all right good luck to you thank you council on the record in 2023 cr0791 state versus ronnie simons jr can i have parties announced rick vanya for the state of texas john robertson all right you mr simons all right so defense uh your client had all previously played true to violations two two four and four the court found two two four and four true uh the state's recommendation and probation's recommendation is for inpatient treatment uh probation in the state is asking for safety you're asking for sada the reason why and they tell me as a judge you should never let people into your brain to see your thought processes but i don't pay attention to that because i think people need to know that i've heard what parties have said right so the reason why i wanted to know about his employment because honestly i don't know if he should be in in satif or safety maybe this is a situation i don't want him to lose his employment maybe this is a situation where i sent him off into the world and if he tests positive i know the motion to revoke is going to be be filed do you understand uh probation do we have an updated tap on mr simon's [00:12:42] Speaker 4: well if i may your honor yes the court summary says the last tap was completed a week ago while he was in jail and they recommended uh isf2 followed by aftercare with the uh isp unit but despite that probation's recommendations was still safety followed by safety aftercare [00:13:04] Speaker 1: all right so here's my question has he ever had intensive outpatient treatment or no he has not [00:13:11] Speaker 4: shown her however uh it was never made part of his terms no all right can you raise your right hand for me [00:13:18] Speaker 1: please do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth will help you god all right you can lower your hand make sure you speak up so that i can hear and the court reporter can hear you state your name for the record all right this is what i'm going to tell you you know yourself if you're honest with yourself and really look in the mirror not looking at what you want right but what is best for you you know yourself better than the state better than your attorney better than probation now what i'm being told by your counsel and he's the officer of the court he called it appears that you have been employed um i don't know if that's your employment they do drug testing or not but it appears that you were working and maybe you were afraid which i don't understand why people are afraid of me just come in and tell me and i'm going to make a decision based upon what i hear so you know yourself best so you have to ask yourself one can i survive in this world not violating my conditions uh of using if i am given uh intensive outpatient treatment thank you that's the that's my question for you are you able to do it i know when people are released from the jail they're just so happy they're not going to prison they're like i'm going to follow through on everything that's given to me i'm not going to mess up i'm not going to use and then two weeks later they're back to using so that's my question to you positive what yeah i'm gonna say i'm not gonna use all right so your employment what exactly do you do um i just into different apartment complexes and um [00:15:20] Speaker 5: start the grounds mornings um to improve work orders [00:15:26] Speaker 1: make grades on the apartments well no i mean are you working outside in the heat all right [00:15:37] Speaker 5: that's right it's on site where everything is and so you know if i get a permanent job if somebody [00:15:43] Speaker 1: wants to hire you uh they'll go through the staffing process all right probation how much is the patch that's right there's nothing i can do about that so here's here are your two choices and state if you're in disagreement with the choices i'm going to give them please let me know and if you're in disagreement let me know probation you're in disagreement let me know the patch is 50 every two weeks what the patch is it's a patch they put it on you you are not allowed to remove it it shouldn't come off if you're showered now there have been some people who've worked in constructions and there have been some issues with the patch because of the temperature here in san antonio and the humidity that's why i was asking you if you work outside you can either do the patch and it will be for 90 days or either you can do the ua hotline for 90 days and with the ua hotline they're going to call you you're going to get tested you're never going to know when you're going to get tested and if you test positive then i'm going to follow the recommendations that probation is set forth for the court and that will be inpatient treatment maybe with sapi or it may be revocation prison it just really depends [00:17:28] Speaker 4: so thoughts as long as probation is fine with that i'm [00:17:35] Speaker 1: because my main thing is i don't want him to lose his employment if he's finally i know it's hard for people to get employment when they are felons or not felons even when they are on deferred adjudication [00:17:48] Speaker 4: well yes my concern though is regarding the two number four violations uh he's living with the people that are on the no contact order oh well that's going to change you can't live with him and when you put him on gps i would ask for gps yes until you you know indefinite until your honor says [00:18:10] Speaker 1: hear your choices number one you cannot live with people on the no contact order not allowed that's what the no contact order is for if they want the no contact order lifted they need to come in and have a conversation with me because i need to make sure that people feel safe and the state needs to make sure that people feel safe because if something happens they're going to ask me why i lifted a no contact order you understand so you're not allowed to be with them so you can either do one or two things one i'm going to place you on gps it'll be gps uh we're going to start with gps uh partial for employment and then once he's proven he's able to do certain things then ultimately it'll be tracking then ultimately it will be removal but you're not allowed to reside at that household or have contact with the people who are on the non-contact list do you understand or if you want you won't have to do the patch you won't have to do the ua hotline you're going to custody and you'll wait for transfer to satif and is it the patch or the ua hotline all right uh so probation this is what the court is going to do court will deny the motion uh alter and amend to include uh the patch for 90 days partial gps for employment only that will be uh for 90 days then after that 90 days if there are no issues uh we'll look at tracking only and then ultimately removal and there's to be intensive outpatient treatment with probation and you need to provide uh probation with your residence address uh within how long is it going to take do you have some place that you can stay [00:20:24] Speaker 5: i'm sorry what plan to go [00:20:26] Speaker 1: so so who are you going to be living with but you do have family members of somebody who will let you stay with them all right uh probation he's going to provide you with his residence uh address within 72 hours of release all right probation is there anything else is there anything else you need from the court in order to be successful all right all right if you don't remember your conditions you need to speak to your probation officer and have them go over those conditions again if you violate this probation what's going to end up happening is a motion to revoke is going to be filed you'll be taken into custody either you'll make bond or you won't make bond either you'll be continued or you'll be revoked if uh probation is able to prove up those conditions and with your case uh you're looking at potentially up to 10 years in the prison do you understand all right good luck