Did Unthinkable Things To Disabled Inmate In Jail — Judge Boyd LOSES CONTROL & HAMMERS Max Sentence

[00:00:00] Speaker 1: all right what's wrong with you you like somebody doing that to your mom or your father exactly i don't understand when people go to the bear county jail or they're in custody people just trying to serve their time that doesn't give you any right to be a bully you understand yes ma'am so again i'm asking you what is wrong with you why would you pick on someone you ever heard of the song uh leroy brown when you bully people guess what there's always some bigger bully out there there's always somebody else who can beat you inmates who are just trying to serve their time and then you pick it on somebody i read in here who may be autistic and then you're saying someone told you to do it now you're going to prison for four years do you want to be picked on in the prison and are you saving uh robles all right uh council have you received all the discovery in this case and did you review that discovery with your client what we'll find at the status in compliance with discovery mr robles i'm showing you what's entitled true bill of indictment did you review that document with your attorney did you understand it counsel do you weigh the reading of the indictment state are [00:01:04] Speaker 2: you proceeding on the indictment as presented very on state file the motion to amend the environment to out i have to for an aggravated assault with the deputy weapon if we have no objections to that judge we [00:01:14] Speaker 3: also waive um the 48 hours of passing for the indictment it's not reading that it's just amended we have no [00:01:22] Speaker 1: objections all right mr robles do you understand that that amendment to the indictment is a substantive change do you understand that and do you understand your attorney has um the legal right to have a chance to prepare for jury trial once there's a substantive chain has change has been made to an indictment do you understand yes ma'am all right knowing that uh do you still wish to proceed all right and they [00:01:52] Speaker 2: have the complainant is michael villariel that is that is true that is the name of the complaint [00:01:58] Speaker 1: and we wait any potential conflicts all right and so i'm assuming that's not you mr villariel it is not and [00:02:04] Speaker 2: it is somebody that i am not related to by knowledge do you understand uh with the amendment to the [00:02:14] Speaker 1: indictment the state is proceeding on aggravated assault with a deadly weapon that's a second degree felony the range of punishment is anywhere from two to twenty years in prison and up to ten thousand dollar fine did you understand yes ma'am according to the plea bargain agreement the state is proceeding on count two only punishment is to be assessed at four years in the prison there's a fifteen hundred dollar fine there's an affirmative finding of a deadly weapon there are no applications and there is to be no contact with michael villariel did you understand that to be the plea bargain agreement defense is that the plea bargain agreement yes state is that the plea bargain agreement yes to count two in the amended indictment how do you plead guilty not guilty or no contest no contest in states exhibits one in attachments the court will find there's sufficient evidence to find you guilty and the court will find you guilty are you proceeding with sentencing yes anything you wish to say on behalf for your [00:03:05] Speaker 3: client no judge we just asked if you call this plea agreement all right what's wrong with you [00:03:12] Speaker 1: i don't understand when people go to the bear county jail or they're in custody people just trying to serve their time that doesn't give you any right to be a bully you understand yes ma'am so again i'm asking you what is wrong with you why would you pick on someone have you ever heard of the song uh leroy brown in those lyrics leroy brown is the baddest man in the whole town and you know what ends up happening leroy brown he looked at the white at the wife of a jealous man and everybody was afraid of leroy brown but then you know what they said at the end that guy got in a fight with leroy brown and leroy brown looked like jig saw puzzle with many pieces gone so when you bully people guess what there's always some bigger bully out there there's always somebody else who can beat you and i want you to realize you know that there's a lot of times people are just trying to live their life they're hoping that they don't have to deal with nonsense from you and nonsense from other people at the jail when people go to the bear county jail guess what they're just going to serve their time and we are not in a society of savages where people supposed to go to the bear county jail to get beat up and harassed they're just there to serve their time if we were living in that type of society guess what we wouldn't have a jail people would just handle their business on the street and what you did to this individual with help from others was cowardly and it was wrong do you understand how old are you 18 when are you going to get your life together because right now you're going downhill no it's not okay you are going downhill you're before me and you want me to give you four years for an aggravated assault with a deadly weapon when it really should be because you want to do crazy things at the jail with inmates who are just trying to serve their time and then you pick it on somebody i read in here who may be autistic and then you're not even brave enough to do it yourself you get other people to help you [00:05:29] Speaker 4: and then you're saying someone told you to do it and that's silly in and of itself and now you're going to prison for four years do you want to be picked on in the prison hmm yes ma'am do you want to be picked on at the prison and bullied at the prison and beat up at [00:05:48] Speaker 1: the prison at the prison well if i i don't wish that on you but if that happens to you then you need to be thinking about what you did to this person you understand yes ma'am where are your parents [00:06:05] Speaker 3: he's uh has an adoptive mother and i believe um he's just recently had contact with his biological [00:06:11] Speaker 1: father and i'm going to tell you what i tell everybody people come to me with sad stories all the time at some point your actions are your own they're not to do with your past because everybody's had a hard life i've had a hard life i'm sure your attorneys had a hard life status had a hard life people with jail done had a hard life so at some point the actions that you take are your actions and it's not because i'm from a broken home or i've been adopted or i went to foster care do you understand yes ma'am all right this is what the court is going to do uh four years prison affirmative finding of deadly weapon there's a 1500 fine time and money will not run concurrent there's to be no contact with michael villarreal i don't know how they're going to do that at the jail but if you could make sure i'm sure there's some kind of system make sure he doesn't have any contact with him and do you have any siblings how would you like somebody doing that to them exactly how would you like somebody doing that to your mom or your father exactly you wouldn't want that is there anything else with sentencing so she just has an mtr that i think we need to resolve in your support all right all right let me know when you're ready all right the court is calling 2021 cr2310 safety versus sabian robles parties announced please michael de barriapoli safe orlando costa known for defense all right and are you sabian robles showing you what's entitled motion to enter adjudication of guilt and revoked community supervision did you review that document with your attorney did you understand it are you the same sabian anthony robles who was placed on deferred adjudication in 2021 cr2310 for the offense of theft 2500 to 30 000 of a vehicle on april 13 2021 for a period of two years is [00:08:08] Speaker 2: that you all right state violated condition number 40 in bear county texas the defendant sabian anthony robles did then in their field to report weekly to the supervision officer as directed for the weeks of may 9th may 16th may 23rd may 30th june 6 june 13th june 20th june 27th july 4th july 11th july 18th and july 25th 2022 in violation condition number 40. how do you please for that true or not true true and state were waived in the remaining allegations any objections to the state's waivers [00:08:54] Speaker 1: did you understand by uh please to the violation of condition number 40 the court could find it true grant the motion find you guilty sentence you up to two years in the state jail facility and up to a ten thousand dollar fine did you understand knowing that but you still wish to plead true to violation of condition number 40. quote will find violation of condition 40 true is there an agreement agreement [00:09:17] Speaker 2: to grant the state motion internet adjudication appeals and assess punishment at 170 confinement in the bearer county jail percent to section 1244 of the penal code is that the agreement it is just yeah they did [00:09:30] Speaker 1: tell me that unless it's part of it that's the moment miss embri okay all right are you asking the court to follow that agreement are you waiving your right to appeal yes ma'am all right probation was there any restitution in this case to sierra diaz all right no problem i don't know if there was ever any um i know restitution was ordered if any but i don't know if there was ever uh any notice of restitution given by the complaint court will follow your agreement grant the motion find you guilty sentence you to 107 days in the bear county jail under 1244 give you credit for any time served is there anything else [00:10:07] Speaker 5: with regards to all right good luck to you thank you judge me excuse me yes i'm sorry he has 18 arrests resulting in 11 felony convictions uh he's been placed on community supervision five times he's been revoked four of those times 10 years and he's applying for probation and we're opposed uh yes he's applying [00:10:30] Speaker 1: for deferred adjudication and also community supervision if not deferred adjudication understood [00:10:35] Speaker 5: um judge i i think the biggest thing is dating back to 1994 um mr de la rosa has 90 22 cr [00:10:45] Speaker 1: 3521 state of texas versus armando de la rosa could have parties announced for the record for the state [00:10:51] Speaker 5: ryan grimmer for the state of texas for the defense you're not coming up for the defense judge [00:10:55] Speaker 1: and are you mr de la rosa all right mr de la rosa you entered a plea to count one on may 9th that was a plea of no contest you applied for deferred adjudication uh the court found there was uh sufficient evidence to find you guilty uh the state waived kite uh count two in the repeater paragraph according to the plea bargain agreement punishment is to be assessed at 10 years in the prison the state opposite your application and they are taking two cases into consideration have both parties had a chance to review the psi report yes yes all right any objections to the psi report from the state [00:11:33] Speaker 3: defense any objections to the psi report just one part judge when we're talking about gang affiliation i spoke with my client about it they still have them uh with the hermanos pistoleros he claims he has nothing with that uh again for quite some time that he's been trying to get that i guess next over at the jail they're still ranking him as that but he's saying it's not a social law so other than that that's it [00:11:57] Speaker 1: all right uh state do you have any witnesses we don't judge defense do you have any witnesses just argument all right then uh state you're opposed the quote will hear argument we are judge um judge i think in [00:12:09] Speaker 5: this particular case my understanding is the uh the plea agreement was for we're asking for 10 years and [00:12:14] Speaker 1: he's applying for probation and we're opposed uh yes he's applying for deferred adjudication and also [00:12:20] Speaker 5: community supervision if not deferred adjudication understood um judge i i think the biggest thing is dating back to 1994 um mr de la rosa has 19 or i'm sorry he has 18 arrests resulting in 11 felony convictions uh he's been placed on community supervision five times he's been revoked four of those times um he's been in and out of prison it looks like for his entire adult life uh this is a case where i think that he has been in the system for so long that i don't think he's a good candidate for probation um other judges have taken opportunities chances on him on probation and it seems as though every time he has been revoked for those probation um in addition there is three cases he's here for three felony cases two of them are being tic he's received the benefit of the bargain in this particular case with us lowering his exposure to 10 years uh we'd ask that you sentence him to 10 years and you deny his applications for probation or deferred all right defense judge although there is no [00:13:22] Speaker 3: dispute that my client has a long criminal history as you see in the psi he also had a very difficult childhood uh drugs seem to be the main problem here he has come to terms with his addiction uh he understands that he needs treatment uh a lot has been incarcerated judge he has been very very proactive and not only in athletics anonymous trying to get a referral for haven for home but he has a slew uh i mean more certificates and i've ever seen any flight and me i'm going to show real quick to the state judge and i'd like to uh offer them to uh to the court to review the gatorade never left the building [00:14:06] Speaker 1: yes all right so these are not being offered into evidences just for the court to review correct all right just give me a moment to review these thank you uh my client prior to being incarcerated [00:14:24] Speaker 3: of this also had a job at the spin express it's a laundry match uh he has expressed to me that i'm not just waiting for him um if he were to get out and he's ready for treatment and she understands that he's not going to get away from this lifestyle without um i've expressed to him and i'm talking about saying that that is what is being requested he's asking for a chance to go through lifetime job but understands that he needs to be sad of that is what he also wanted to address all right could you raise [00:14:52] Speaker 1: your right hand for me please do you solemnly swear from the testimony of young will be the truth another of the truth will help god all right you can lower your hand could you state your name for [00:15:00] Speaker 6: the record all right what would you like to say to the court i know that uh my history is very very long i've been addicted to go since i was ten years old now i've been fighting my addiction for a long time when i was just very little girl that we're looking for when i was picked up we're looking for her in the farm with us connecting the backpack she left your backpack and she left your digital scales [00:15:26] Speaker 1: and she left your digital scales that's what you're talking about [00:15:28] Speaker 6: and i'm trying to when we put them in the government and that's exactly what happened you put digital scales in the trunk yeah they're not mine [00:15:42] Speaker 1: all right uh any questions defense no questions judge state any questions just a little argument all right the court will hear argument uh i've heard the argument from [00:15:54] Speaker 3: the state what is your argument judge and i know we've just gone through extensively his criminal history a lot of these cases were were sentenced at the same time i expect what happened was he was potentially on probation maybe picked up other charges they were all consolidated together sometimes it takes an individual getting rock bottom of court they start to try to claw their way back object i would just point again to my client's actions while he's missing destiny he didn't just sit there feeling sorry for himself he has started to try to get treatment to to counteract the effect that the better he is having his life he is ready to do treatment judge this honorable court bless the same with probation you'd be ready to go straight let's stay in custody and go straight to sad object um i believe that only through treatment will we break this cycle of him being [00:16:46] Speaker 1: recharged all right uh mr delarosa i'm not going to grant you um deferred due to patient i'm going to find you guilty they do have a therapeutic community at the prison what i can tell you is therapeutic community will not extend your time at the prison uh if i were to sentence you to 10 years you're not going to be extended more than 10 years because you decided to be in therapeutic community i have no authority to force them to place you in the therapeutic community so you'll have to ask for it you understand so would you like to be placed in the therapeutic community all right so i'm going to find you guilty sentence you took fifteen hundred dollar fine time and money to run concurrent taking consideration 2022 cr2011 and 2022 cr2012 i'm going to ask that you be placed in the therapeutic community uh would either party like to argue with regards to uh well i guess the agreement was for 10 years all right and i'll send you to 10 years in the prison and give you credit for any time served i'm going to show you what's entitled trial court certification of defendants rights to appeal did you review that document 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 [00:18:18] Speaker 7: appeal do you understand all right good luck to you mr de la rosa armando del rosa appeared in court for sentencing in a felony case involving a prior plea of no contest he had originally been placed on deferred adjudication and community supervision in earlier cases but those opportunities were later reviewed by the court along with new allegations the state and defense both presented arguments based on a pre-sentence investigation report and the defendant's long criminal history the prosecution argued that he had an extensive record including multiple arrests prior felony convictions and several instances where he was previously placed on probation and later had it revoked they also stated that he had been given multiple chances by different courts but continued to reoffend the defense acknowledged his criminal history but explained that he had a difficult childhood and struggled with long-term drug addiction they stated that he had begun seeking treatment and trying to improve while incarcerated the judge considered both sides including the request for rehabilitation programs in the end the court found him guilty denied deferred adjudication and sentenced him to 10 years in prison with credit for time served the court also ordered participation in a therapeutic community program while incarcerated and imposed standard legal conditions.