Arrogant Mom Came HIGH To Sentencing — Judge Destroyed Her In Seconds

[00:00:00] Speaker 1: i don't know why you're giving me the attitude no i'm not trying to i'm sorry yes you are either that or it's because you're high i don't know which one it is but you're giving me attitude and that attitude will most likely be readjusted by me at the bear county jail on your neck well i mean you've been you went straight from jail to use me don't give me attitude i'm on 3cr 2906 state of texas versus summer munice can i have the parties announced for the record for the state defense uh susan i'm showing you what's entitled application for deferred adjudication or community supervision did you review that with your attorney did you understand it did you sign it yes ma'am did you understand you're charged with uh tampering with the government record or license or seal that's a third degree felony range of punishment is anywhere from two to ten years in prison and up to ten thousand dollar fine yes ma'am [00:01:05] Speaker 2: all right the real estate exhibits one attachments the court will find there sufficient evidence to [00:01:09] Speaker 1: find you guilty the court will defer finding a guilt as you've applied for deferred adjudication [00:01:19] Speaker 2: is there anything you would like to say on behalf of your client a judge at this point [00:01:23] Speaker 3: my client wishes to waive the psi do the tap eval as a part of for deferred adjudication probation [00:01:30] Speaker 2: and then go ahead and go along with the rest of the plea bargain agreement all right is there anything you wish to say [00:01:39] Speaker 1: all right do you have any children yes ma'am what are their ages and how many do you have i have one she's gonna be seven and where is she now she's with my um brother all right so you don't have custody of her i do have [00:01:55] Speaker 3: custody but she she's thinking for him all right if you drug tested today what the result's going to [00:02:00] Speaker 1: be and before you answer note that you will give me a drug test today all right so what are the results going to be dirty for what we and what else all right where are we going to check on that uh can i get a ua and we'll come back and so that will be done today so do you still wish to stick with just weed yeah okay all right we'll we'll come back all right could i all right we're back on the record in 2023 cr2906 state of texas versus sun year summer moon use all right so what did you test positive for um and you want to go back to i only use marijuana with me you know you i'm sorry can you speak up and could you uncross your arms you're not a little girl you're not in the classroom you are in a felony court where you could potentially go to prison so what are you been using uh meth and marijuana when's the last time you used meth maybe two days ago no it's more than two days ago how often are you using um i just started [00:03:12] Speaker 2: jail so i haven't been using that often well i mean you've been you went straight from jail to use me [00:03:21] Speaker 1: don't give me attitude i'm not you've been dishonest with the court you made them waste up you think uas just are free you made them waste a ua telling me that you're going to be positive for marijuana only when i knew it was not going to be the case and now you're positive for meth amphetamines and marijuana so who are you using with are you using by yourself in a dark room or using with some boyfriend who are you using no actually where i'm staying at and where is that um with a friend who is this friend her name is um natasha all right i like the way you make up names i can't believe anything you're telling me now because you were dishonest about the drug use it's the only place [00:04:03] Speaker 3: i have to stay around so i mean they use and it's just it was tempting yeah all right so um i'm gonna [00:04:12] Speaker 2: want to tap evaluation asap please are you employed no so how are you supporting yourself um i'm not [00:04:26] Speaker 1: so who's supporting you nobody well what are you eating other than drugs i have food since i'm sorry what i have food since who's giving you food stamps you don't have your child with you those food stamps [00:04:36] Speaker 3: are for your child yes ma'am i just recently applied and i got approved for emergency food stamps i cannot understand a word i applied and i got approved for emergency food stamps i know people [00:04:47] Speaker 1: who really should have food stamps that don't get approved so you don't have your child with you you're using meth you're probably selling your food stamps for meth and this is a tampering with a government record so i don't even know if you obtain your food stamps legitimately so what did you tell them in order to get food stamps because you don't qualify i think she's probably gonna end up with another criminal case because uh i don't know i don't know of the government giving out food stamps to people who won't work there's nothing wrong with you you don't have your child with you somebody else is taking [00:05:27] Speaker 3: care of your child well no not for me thank you i have to look for work i was just like one of the conditions that um they gave me in order to get food stamps so i'm supposed to go to the workforce [00:05:39] Speaker 1: well you're obviously doing a poor job of it but i tell you what you're in this court you're going to have employment i'm not gonna you know the the length of probation is outside uh the agreement so it's going to be more than four years in this court because she has a lot of work that needs to be done to i don't know why you're giving me the attitude no i'm not trying to i'm sorry yes you are either that or it's because you're high i don't know which one it is but you're giving me attitude and that attitude will most likely be readjusted by me at the bear county jail so i don't know if your attorney told you this but i can send you to the bear county jail as a condition of this probation and i can also send you to the state jail facility as a condition of this probation for attitude readjustment do you want that all right so i'm going to sentence her to six years deferred adjudication you're getting a job and there are plenty of jobs that are available you're going to knock your pride aside and if you're going to be flipping burgers at mcdonald's or working on fries you're going to be the best fry person you can be until you move up you understand how far did you go in school ninth grade ninth grade why did you drop out what were these problems [00:07:01] Speaker 3: you using drugs no not necessarily just like things that were going on with my mom with my own marriage [00:07:06] Speaker 1: and everything else and what's that tattoo on your neck it says when it's trump's right all right people love to put down sands on their bodies because they can't remember them all right it's going to be a 1500 fine probated proof of employment and it's going to be proof of full-time employment within 15 days if you have to get two part-time jobs you will get two part-time jobs for the court full-time employment is at least 40 hours a week there's to be no employment as a home health care provider or with minors there's to be no unsupervised contact with minors has child protective services been in your life yes and so were your rights terminated [00:07:58] Speaker 3: what happened to your parental rights i still have my rights but i just don't have my daughter my accountant disagreed to um take care of me until i get i mean take care of my daughter until i get back [00:08:09] Speaker 1: parenting classes and i want intensive parenting classes there's to be 150 hours community service restitution that will not be way she has to do those you're either going to get your de ged or either you're going to get some sort of trade certificate take in consideration 2023 cr2907 county court cause number 667-964-685-144-70047 i'm going to want a referral to felony drug court tap evaluation if she's not accepted in felony drug court we'll start with intensive outpatient treatment with probation there's to be regular reporting by zoom or in person the ua hotline and she used to be tested once a week make sure the levels are going down if the levels start going up issue a motion to revoke and i'm going to want field visits one time per week until further notice uh probation is there anything else she needs oh i'm sorry one time per month probation would have got a shock that would be all anything else you need from the court to be successful showing you what's entitled trial court certification of defendants rights to appeal did you review that with your attorney did you understand it and did you sign it because this is a 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 we can go off the record so that tattoo you have about only the strong will survive that's the mode that your child is being in and your child should not be in that her parents should not be using drugs her parents should get her life together and somebody else should not be raising your child and you just 100 living off the government that's not going to happen in this court you get another job do you understand and if you got those food stamps illegally you better turn them in because your council can tell you what the government does they wait till your food stamps when you take those monies from the government and you shouldn't have it they wait till it becomes a felony then they turn it in do you understand all right thank you thank you this is javier zepeda can i have parties announced [00:10:34] Speaker 4: for the record for the state travis banks in the state of jesus defense and are you mr uh javier zepeda [00:10:42] Speaker 1: the third yes i'm going to show you what's entitled motion to enter adjudication of guilt and revoke community supervision and state's motion to supplement pending motion to enter adjudication of guilt and revoke community uh supervision did you review those documents with your attorney did you understand them yes ma'am are you the same javier zepeda the third who was placed on deferred adjudication in 2018 cr nine two seven four w for the offensive assault family second offense on september 5th 2018 for a period of three years is that you yes ma'am all right state violated condition number five in bear [00:11:18] Speaker 4: county taxes the defendant javier zepeda the third did then and there failed a report to the supervision officer in person for the months of may 2020 june 2020 and july 2020 in condition violation of condition number five how do you plead to that true or not true true the state will waive and abandon the uh [00:11:37] Speaker 1: other allegations all right any objections no did you understand by pleading true to violation of condition number five the court could find it true grant the motion find you guilty and sentence you up to 10 years in prison and up to ten thousand dollar fine yes ma'am knowing that do you still wish to plead true to violation of condition number five yes ma'am court will find violation of condition number [00:11:59] Speaker 4: five true is there an agreement your honor there's not an exactly an agreement um the state is recommending uh that the defendant be revoked and sentenced to five years but i believe defense has [00:12:11] Speaker 5: their own request for the court all right defense what are you requesting my client his family his employer and i are requesting that he be allowed to do inpatient to be allowed another currently monitoring device and to and to continue on probation we would uh not be opposed to extending them as long as it's physically possible and we have uh witnesses uh we have some testimony we think the [00:12:34] Speaker 6: court will find relevant all right uh probation your honor this case expired in 2021 um so an extension of probation at this time would not be an option yes i i understand you we have in the [00:12:54] Speaker 5: courtroom today mr joe ricky now uncle his employer we have his mother and we have his father the problem here is that this man is there's been a heroin addict and he's trying to bring that under control even while he had absconded he has he has been going to get uh methadone he's been going to the methadone clinic and his mother's a witness to the fact that she takes him every day to the methadone clinic and the father is here to testify that he himself has been a methadone for 10 years and is supporting his family and has a full-time job as a supervisor and he's a methadone user and that's how he he fights his cringes [00:13:38] Speaker 1: and and this young man is taking methadone all right so this is the question here's the thing these are the answers i need to make an appropriate decision in this case now even though um i cannot extend you i can find you guilty so i can give you regular probation but there are questions that i have that need to be answered yes ma'am and those questions are going to be where has he been and uh what has he done on probation tell the court what can you raise your right hand for me please do you solemnly swear affirm the testimony you give will be the truth that nothing but the truth so help you got yes ma'am all right you can lower your hand state your name for the record please all right off the record for a moment could i see the attorneys on uh mr juan antonio garcia sanchez [00:14:33] Speaker 2: attorneys oh if you all would come this way please you can come behind the rope [00:14:49] Speaker 1: okay thank you oh no you can keep that all right so um what i need you all to do is the court reporter who was here on this case my understanding she's in the 226. if you can tell her to look for this testimony and send it to me because the question i have from the jurors are we are in dispute regarding the counselor's testimony did mia tell the counselor about the alleged abuse after the outcry and i don't think anyone specifically asked that question but the courtroom reporter may have in her notes this is the day she spoke to the counselor and this is the day she spoke to the outcry witness so if you all could if you go to the 226 because i know she's uh reporting in in miss mace's court the clerk will give you a copy of this and if you will have her email me the answer and then i will print it out for you and we'll see if you all have any objections all right [00:15:52] Speaker 6: all right thank you if you all would do that uh if you'll meet miss ferguson in the back she'll bring [00:16:08] Speaker 2: a copy for you all right we're back on the record so where have you been i've been working man and uh spain with a family member i actually have three jobs all right so you were in felony drug court yes ma'am [00:16:30] Speaker 1: and you didn't do well felony drug court is a good program and what i have is that um [00:16:37] Speaker 2: you were sent to felony drug court [00:16:43] Speaker 1: you were placed in isf you were returned back to felony drug court and by the end of april 2020 you were testing positive for opiates and marijuana you continued to use drugs you were not in compliance with felony drug court outpatient treatment and then you stopped reporting and then you contacted your case manager and i'm aware of all the parties in felony drug court because i used to be an attorney in felony drug court yes ma'am i'm aware of that you contacted her in july 2020 you you requested help yes so they arranged for you to go to detox go to center for health care services and then be trans transition to lifetime residential treatment upon detox yes ma'am you entered detox then you left detox then a warrant was issued for you and then you stopped communicating with felony drug court i got scared um well no i had a kid on the way so i mean don't use that fear thing with me and let me just tell you why i don't use the fear thing with me because i'm reading this and felony drug court i know how they work when people relapse they don't immediately cut you off yes ma'am and that's evidenced by the report that i'm reading that they gave you chance after chance they sent you to detox so you leaving detox don't try to use your child as an excuse i had a baby on my way on the way because that wasn't the reason why you left detox you left detox because it got hard and you wanted to use and you're continuing to use so do not use your child as an excuse for why you are not clean and sober so i don't believe there's anything that i can do for you because felony drug court has tried it all you absconded from felony drug court and they still accepted you back after you absconded they were giving you help and then you absconded again and i know i understand that there comes a point in time in people's lives where they're like okay now i'm ready to do it but at some point in time the court can't continue working with people who don't want to be worked with and your problem is your chances to be worked with have elapsed [00:19:06] Speaker 2: there is no chance to be worked with you're going to have to do it on your own [00:19:14] Speaker 5: when he wasn't reporting he was taking methadone to make sure he did not go down the spiral he was trying and his family's here say that they worked with him with that but all he had to do was [00:19:28] Speaker 1: pick up the phone and call felony drug court have you read i'm going to read this to you you've been an abscondor for almost three years as an amended condition of probation due to a motion to revoke mr zepeda was placed in the felony drug court program on january 1st uh i'm sorry on january uh 24 2019 that was me who did it it says mr zepeda struggled to anchor in with outpatient treatment and admitted a drug relapse and i can tell you when i placed you there in 2019 i had to call them and say please accept him i know y'all are booked and don't have room for him but he's on the edge can you please accept him and they did and then it says as a graduated sanction uh they placed you in the bear county isf program on october 30 of 2019 and you completed it on march 3rd 2020. you returned to the felony drug program and by the end of april 2020 you were testing positive for opiates and marijuana mr cepeda steadily declined into further drug use and non-compliance with the felony drug court program rules and outpatient treatment mr cepeda fell off the grid and stopped reporting for the months of may and june of 2020. mr cepeda contacted his felony drug court case manager in july 2020 and requested help to regain sobriety she arranged for you they didn't say oh we're gonna revoke you we're gonna send you back to the 187th she said we're gonna get you into detox so they sent you to the center for healthcare services and then they said after that after detox detox you're gonna go into lifetime residential treatment and you entered detox on january 7 2020 you stayed there for two days they say a couple of days in my mind that means two and you left a judge's warrant was issued for you on july 13th which tells me when you left on july 7th they still give gave you chances to get back in line and then it says you stopped communicating with all felony drug court team members and you remained a fugitive and what i can tell you and felony drug court their attorneys there who always say let's try to get them back in compliance let's try to find them they have officers who are trying to get you back in compliance caseworkers the counselors everybody's probably on your phone calling you calling your family and you just left i can't do anything for you you're going to have to get the treatment on your own uh i'm going to find you guilty the only issue is how much time the state is asking for five defense [00:22:19] Speaker 2: what are you requesting three would be fair okay all right this is what the court is going to do uh the court is going to find you guilty the court is going to sentence you to three years in the prison [00:22:44] Speaker 1: give you credit for any time served i'm going to ask for the therapeutic community therapeutic community does not increase your time in custody but you're serious about getting clean and sober you need to request that i can't order it uh there's a 500 fine time and money to run concurrent [00:23:05] Speaker 2: there's an affirmative finding of family violence there's to be no contact [00:23:13] Speaker 1: with carla chavez all right and state will you let miss chavez know that he's been revoked and he's going to prison let's show you what's entitled trial court you probably want to go around okay i'm going to show you what's entitled trial court certification of defendants rights to appeal did you review that with your attorney did you understand it and did you sign it yes ma'am all right this is not a plea bargain agreement you have a limited right to appeal that right to appeal is as it relates to the allegations in the motion not the fact that you want to fraud education do you understand yes ma'am all right because this is a felony uh 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 yes ma'am and also because this is an affirmative finding of family violence you're not allowed to own or possess any weapons or ammunition do you understand yes ma'am all right we can go off the record if you have a child you need to do better you have family here who's supporting you you need to do better yes you need to pick up the phone because i know uh felony drug court gave you the tools you need in order to stay clean and sober it's just a matter of you using them all right yes ma'am all right good luck to you [00:24:28] Speaker 7: judge stephanie boyd handled a probation case involving javier zepeda a man who was given a second chance after breaking the rules of his supervision court records showed he missed required check-ins for several months and tested positive for banned substances during this time he had been placed in a special recovery program earlier but struggled to stay on track and eventually stopped staying in touch with his case team a warrant was issued and he did not check in for a long period his family and employer appeared in court to support him asking for another chance instead of prison after hearing both sides judge boyd made her ruling and explained why she could not allow more leniency given his history with the program the case ended with a sentence and clear conditions moving forward