Judge Boyd ULTIMATE Courtroom Moments of 2025 — Full Compilation

[00:00:00] Speaker 1: all right so today is plea deadline date jury trial uh well judge i filed a motion to withdraw on all three of his cases we have a could i see the disagreement about representation do you have the motions with you uh i have one of them but i can get the other ones printed out i just need the he has one indicted case judge and then two unindicted uh and [00:00:35] Speaker 2: so i have the 2025 pf zero eight one one nine i've got one two zero [00:00:41] Speaker 1: and then the indicted case is my office didn't send it with me but we filed it [00:00:49] Speaker 2: all right the court is calling 2025 cr zero zero seven seven seven five twenty twenty five pf zero eight one one nine twenty twenty five pf zero zero i'm sorry 2025 pf zero eight one two zero can i have parties announced robert mauer for defendant and are you mr dollar yes all right so your defense attorney has filed a motion to withdrawing each of your cause numbers um so when would you be able to hire an attorney [00:01:28] Speaker 3: uh i made appointed no that's not how it works represent myself okay i don't how does it not work that way i'm asking for a court appointment this is your court appointed attorney he's withdrawn from [00:01:40] Speaker 2: my case yeah because there's a i guess there's some sort of conflict i don't respond to emails and those emails don't come to me those emails come to the court coordinator and then that email is sent to defense attorney into the state i don't review emails well i've tried to contact mr mara's office [00:02:01] Speaker 3: several times over the past six months with no response i cannot get an answer that is i i'd like [00:02:07] Speaker 1: to respond that is complete nonsense he has been in my office he has met with me he has reviewed the evidence i've discussed the case i've discussed the offers he's not happy with the offer and i told him then we try it yeah but uh i just to speak frankly and he probably put this in the meal the email it got to the point where he offered me extra money somehow thinking that was going to change how i represented people i said i've acquitted people on on murder charges on appointed cases and i'm offended by uh his attitude and his actions and i don't want to represent him no actually you said shut the f up i probably did judge yeah all right so i did uh mr mauer state do you have any objections [00:02:46] Speaker 2: all right uh mr mauer your motion to withdraw in all three cases will be granted you'll need to retain counsel thank you judge all right miss ferguson recall this in 30 days and it's for the defendant to obtain an [00:03:00] Speaker 4: attorney yes marie [00:03:16] Speaker 3: they told me yeah you did and you called my pre-travel officer and so then the same thing [00:03:21] Speaker 2: what's up good afternoon good afternoon all right court is calling 2025 cr zero zero nine seven four nine state versus pullen spencer o'neill can i have parties and that's bachelaine brown for the [00:03:41] Speaker 5: state brian kimbrough for mr o'neill all right and are you mr o'neill yes ma'am all right according to [00:03:49] Speaker 2: your plea bargain agreement uh punishment is to be assessed at a cap of eight years in the prison the state is opposed to your applications uh have both parties had a chance to review the psi report yes judge yes your honor any objections to the psi report okay no no all right uh state you're opposed do you have any witnesses no witnesses judge defense any witnesses yes we have some witnesses all [00:04:15] Speaker 5: right call your first witness um before i do your honor uh handsome letters that i wanted to present the court on his behalf but i believe and i did give a copy to the state and i believe they were opposed to my doing so so i wanted to give them an opportunity to speak to that all right any objections [00:04:32] Speaker 6: to the court reviewing the letters yes judge i'm going to oppose their hearsay i can't cross examine the witnesses on those statements and i don't believe they're sworn statements either so i'm going back to them [00:04:43] Speaker 5: oh your honor i've produced these have nothing to do with the incident they're only about the character and the uh information about the defend that i think it's part of the court's duty so with regards [00:04:56] Speaker 2: to whether they're hearsay or not the court needs to review it to see if it is hearsay and then um if the court determines it is hearsay then the court can always disregard all right with regards to the state's objections to the court reviewing um the letters that have been uh tendered by the defense um the court understands your objections the court is going to uh overrule those objections the court will take these into consideration [00:05:39] Speaker 5: in sentencing okay i'd like to have a copy so they can review them oh i've reviewed it yes i i read very fast all right call your first witness uh your honor i would first call [00:05:53] Speaker 2: tami o'neil all right can you raise your right hand for me please do you solemnly swear or affirm the testimony you give will be the truth and nothing but the truth so help you god yes i do all right you can lower your hand state your name for the record tami o'neil all right counsel you may proceed thank you [00:06:22] Speaker 5: uh and what is your relationship with cullen yes i'm his mother and uh could you tell me a little bit uh was uh cullen raised in san antonio he was raised in san antonio born in japan but came here [00:06:36] Speaker 7: shortly after that because um his late father was in the military and how long was his father in the [00:06:43] Speaker 5: military 24 years what branch was he in air force are you also in the military no sir i'm not um i am [00:06:50] Speaker 7: i work as a civil servant but not now because i'm further look further yes that is correct that is correct for the air force i do work for the department of defense that's correct air force [00:07:02] Speaker 5: yes at the air force civil engineer center so uh cullen's father passed away seven years ago right yes sir 2018. how did that from your perspective and was cullen living with you at the time yes sir he was [00:07:17] Speaker 7: and how did this affect him hugely um it affected on all of the kids right um my daughter as well but i think it struck cullen extreme much harder right because of that father figure that he had in his life um and also that father figure to hold him accountable and how many siblings and other members of the family did he draw up with yes he has a younger sister um who's not here to testify today ma'am um one of the letters was from her she's full-time in college and couldn't come [00:07:52] Speaker 5: um and then he has a stepsister as well and uh can you describe his upbringing his uh [00:07:58] Speaker 7: his childhood was it normal was it good yes sir it was it was good i would say it was good he he got everything he he wanted you know what i mean one of those um and we i did the best to raise him um you know with my husband and then as a single mom after my husband passed away uh did cullen go to [00:08:16] Speaker 5: school he did he graduated he's got a diploma he's got a diploma he didn't get a ged right yes he did yes [00:08:22] Speaker 7: he struggled um a lot in school with um adhd and also um yes so he he has struggled with that throughout his life since he's been right hard to concentrate anxiety right and has he um been employed generally [00:08:43] Speaker 5: speaking since he got out of high school yes sir he has he has okay uh has he always sought employment yes and to your knowledge has uh cullen ever been uh convicted of anything any crimes in his life no sir [00:08:58] Speaker 7: no sir this is so outside of his character um and i have never witnessed this type of behavior in him which is um why this is so shocking i you know i've had so many conversations with him and i think he's he regrets what happened right um i feel like from his personality this is just not something he typically would have done um and i feel like that it was a mistake um he just made a poor decision [00:09:28] Speaker 5: a very poor decision uh and you he's always lived at home correct yes sir and so you've gotten to know his friends yes absolutely okay and would you say based on your knowledge and your observation are his [00:09:45] Speaker 7: friendships appropriate age wise yes sir i've never seen anyone um under legal age at my house um that's another thing i think that my daughter um wrote in her letter that even when i'm not there she didn't witness that either as well his relationships have always been with people of age which is why this [00:10:04] Speaker 5: incident was so outside of his normal character and has he had friendships that uh were long-standing in [00:10:11] Speaker 7: other words friends that he's had for many years oh yes yes he has friends that um he with the kindergarten with right and one is here today actually so um now you know that we're here to ask the uh [00:10:24] Speaker 5: judge to place calling on community supervision yes sir adjudication yes you think that he could [00:10:30] Speaker 7: succeed on community supervision yes sir i do i do um i i very much do i think that um he needs that discipline right of being able to check in continually he's been on um an ankle monitor for the last year and a half and has done that very successfully right um to be able to check in um and be accountable to that um i think that he can give back to society by working and doing other things um while he was on probation versus if in you know he was incarcerated okay and um that's all that's one pass the witness [00:11:09] Speaker 5: all right any questions [00:11:14] Speaker 8: there are questions all right thank you thank you i appreciate your consideration [00:11:20] Speaker 5: and i i would call yes i would call uh deborah higgins deborah higgins [00:11:26] Speaker 4: all right can you raise your right hand yes ma'am do you suddenly swear from the testimony you give will be the truth and nothing but the truth so help you god yes ma'am all right you can lower your hand if you'll state your name for the record deborah higgins all right counseling you may proceed thank you [00:11:48] Speaker 5: please and uh miss higgins you go by dj is that correct correct okay what's your relationship with cullen how long have you known him i'm a family friend of approximately 14 years uh do you remember how you first met the family i worked with cullen's mom okay was that in the department of defense area yes are you still working there no sir i retired july 25th this year uh and in the course of working with his mother did you get to know cullen a little bit yes i um would [00:12:21] Speaker 9: go to their house for holidays and dinners and cookouts and whatnot what did you observe about cullen during your period of knowing him he's a good kid you know he was raised well i watched how him and his [00:12:34] Speaker 5: sister were raised they were raised well they did well did you have uh occasion to see him with other [00:12:43] Speaker 9: young people i met one or two of his friends when they were when we were all at the house they're all [00:12:49] Speaker 5: good kids okay and did you ever hear about anything that he might have done other than this incident that raised concerns with you yeah um and you you also work in the in a uh pet uh safety or something animal rescue animal rescue yes so you uh you observed what happened today and you you were familiar with it yes so you do not condone uh bad behavior absolutely not okay right is right and wrong is wrong you're hardcore on that very okay uh and you know that what colin did was wrong yes in spite of that do you think that he uh could succeed on community supervision if the judge would give him that with structure [00:13:38] Speaker 9: accountability and discipline and having to stay focused on that thing yes i do i think he would do [00:13:43] Speaker 5: very well with that and do you think that would be a better outcome than sending him to prison i do [00:13:51] Speaker 9: why is that there's prison structure and there's i don't know the right legal term but probation structure and i think him being employed being forced to do the right thing every single day in a more open environment would be more beneficial to him to grow as a young man [00:14:18] Speaker 4: any questions [00:14:30] Speaker 5: yes all right thank you thank you are your next witness yes uh i would call melissa daly [00:14:39] Speaker ?: uh you uh you're acquainted with college uh you uh you're acquainted with college uh you uh you're [00:14:44] Speaker 4: uh uh you uh you're acquainted with colin o'neill correct me how did you uh know colin o'neill um i'm [00:14:49] Speaker 2: you could raise your right hand for him 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 state your name for the record i'm melissa daly all right just keep your voice up so the court reporter [00:15:02] Speaker 5: we can hear a defense you may proceed figure out uh miss daly uh you uh you're acquainted with colin [00:15:10] Speaker 10: o'neill correct how did you uh know colon o'neill um i've known colon since um he met my son practically in kindergarten and all of them all the groups of boys always played in the neighborhood so i watched basically colon blow up since kindergarten okay and he's always showed utmost respect and yes ma'am and when i had groceries he'd be the first to come help me take them out of the car i haven't spent the night several times and i treated him like a son of mine so i have this is totally out of character [00:15:42] Speaker 5: what is your son's name daniel daniel and and he is a friend and grew up with colin correct yes sir is daniel here yeah okay uh now would you uh if you had had any issues with colin as far as his influence would you have allowed daniel to spend time with color i haven't had any issues with color right but [00:16:08] Speaker 10: if you had had oh of course i would but i have not seen i've always colin has always presented great character integrity and i thought when he was raised with his father hunting and having all the things that i had to bore the dream to have with the dad dude and since his dad passed it was very heartbreaking but he had a group of friends that supported him so he wasn't like a lonely child he had lots of friends and that will help him get [00:16:41] Speaker 5: through that whole situation during his prime time and do you think that uh uh that he would be a good candidate for probation from injury supervision yes i do you think he could succeed on that i [00:16:55] Speaker 10: absolutely do think he succeed he's very has high integrity and this is just outside his character in this incident thank you absolutely any questions [00:17:08] Speaker 5: yes all right thank you so much call your next witness um i'm going to call colin your honor [00:17:16] Speaker 4: can you raise your right hand do you solemnly swear affirm the testimony you give will be the truth that nothing but the truth so help you about all right you can lower your hand state your name for the record um colin o'neill all right defense you may proceed thank you colin uh you know why we're here [00:17:29] Speaker 11: yes i do i made an egregious mistake one night i had no sympathy for the situation i was in due to being under the influence of drugs and alcohol and i made an honest young man mistake with my emotions and what i was trying to do i made a horrible mistake it's it's it's been haunting me and i mean i've had to deal with it for a year and a half that i've realized it and sat with it and people have made fun of me i've gone through it but it's something that i know that it's not over because i made a mistake and i'm willing to take that on on the chin you know what i mean you talk about football and lsu i'm leaving it all on the field you know what i mean with what i'm trying to do to prove that i need a plea but i made a mistake okay uh now the evening this happened you had been using [00:18:17] Speaker 5: drugs correct yes sir and you'd been drinking yes sir so you have an issue with drinking and with drugs yes and you're willing to deal with that 100 okay to get better to get better do you have a uh an [00:18:30] Speaker 11: attraction to younger women no ma'am i mean no sir i've never once ever in my life i think it was just the influence i was in the situation of not sleeping being tired from work just in my emotions my feelings as a young man just overcame me and i know that's horrible and i made a mistake for that okay now you [00:18:50] Speaker 5: did complete your ged correct yes sir i did okay and do you have plans and things that you want to [00:19:00] Speaker 11: achieve in your life yes so i was a month away from finishing college when this all happened and i had been held back for a year and a half to even finish college but my what i was doing in college was being a gunsmith i get with my situation now i might need to find a different line of work and what i've been doing as an iron worker and doing stuff outside and building buildings like chick-fil-a's walmarts and chase banks and stuff around the community the best i can now you were employed with an iron uh what kind of a company was it was an iron cover we it was hill country steel we do all the main steel around all of san antonio austin and dallas we we do every walmart every chick-fil-a every chase bank every car wash we provide the steel well did you did you start working with them when you were in high school yes right out of high school one of the letters i gave was from the employer that i've known since right out of high school and he he helped me a lot and he knew about my situation through house arrest and getting my getting my job back now you're not currently working for him right no i stopped working for him because i wanted to deal with this and didn't want to interrupt their company for my mistakes uh and are you hoping to be able to get work again yes i actually have a job interview on thursday for another steel company that was smaller that we used to provide steel with so that's something i'm really looking forward to to start doing and working um tell the judge why you think you could succeed on probation i did track football and baseball all throughout high school and i work harder than most grown men that i know and i know i messed up and i don't want to do prison because that's just not something i i know i will succeed in unfortunately but i know that doing the plea and being on a schedule checking in and doing things like that will really help me a lot get my life back on track i'm young i made a horrible horrible mistake for my age and i just i know that i want to be able to recover from it and not be stuck now when this happened [00:21:17] Speaker 5: understanding the situation you do admit that you that you were told that the girl was 15. yes i correct yes and you also admit that when you were going to see her it was because you were intending to have [00:21:32] Speaker 11: sex with her right yes i i admit to that you mean i meant to the court to to take my honesty because i i made a mistake yeah but that's not something you you have ever done never never thought about it never once been around it and i have a little sister how could i how could i do that to her okay you know like that's something that i really think about a lot and being a better image for her especially with the situation i'm in i want to get out of this and be better for her and she's one of the main people [00:21:59] Speaker 6: i that wrote a letter okay pass the which state yes ma'am uh you talked to probation prior to this series correct in the pre-sentencing report yes ma'am and when they asked you about the offense you [00:22:17] Speaker 11: minimized it correct i was nervous to what i said i was i was very nervous on what needed to be said i wasn't sure what said i've never been in a situation like this and never i've never had the thoughts that i [00:22:28] Speaker 6: have but when you spoke to probation you did minimize what you did in this offense correct i wouldn't say [00:22:33] Speaker 11: minimize i told my side the best that i felt that i could but i did make mistakes i did say things i wasn't supposed to and we're here in this situation because of my mistakes right and the officer didn't [00:22:45] Speaker 6: force you or coerce you into this situation i mean it was a sting operation correct but you willingly [00:22:51] Speaker 11: agreed to meet this person they didn't force you to eat them yes after so like maybe 30 45 minutes of time had passed since they had started talking to me yes and you described in great detail and graphic [00:23:03] Speaker 6: language exactly what sex acts you wanted to perform on this 15 year old is that correct [00:23:09] Speaker 4: yes any other questions no all right any other witnesses no your honor all right court will hear a brief [00:23:19] Speaker 5: argument uh state judge all um let the sense go first your honor uh colin o'neill in my opinion is a perfect candidate for probation he checks off the boxes so to speak he's 22 years old okay and not to [00:23:45] Speaker 2: interrupt your your argument council but this well well no no this is what i wanted to address but nobody addressed it i don't know if anybody wants to address it and it has to do with the cocaine that's mentioned in the psi and i don't know if you want to address part of that with your yeah i mean uh i could i could ask him okay if i could recall and i'm sorry about that yes you can recall you had cocaine that [00:24:14] Speaker 5: night correct yes it was for myself yes and you were using cocaine yes i was and you were as i and as you earlier testified you were using alcohol yes and you had a a and did this problem develop like years [00:24:28] Speaker 11: before it mainly developed a year or so before just working hard and just trying to stay up and just trying to deal with college and deal with a full-time job i just i didn't know how to overcome myself or talk to or i and that's just what led me down the rabbit hole right there and i just messed up [00:24:46] Speaker 5: and you understand that when you when you got to the point what happened that night you were doing you had an alcohol and drug problem yes i definitely did and you have it now [00:25:01] Speaker 11: right i wouldn't say now i've definitely resorted to staying off being a lot better person just due to my probation with my anchor moderate you know what i mean just in case for whatever reason they wanted to drug test me or whatever god forbid they would do i mean and i have a little sister and my mom and i don't want to keep that image i really don't you know that's why i really would like i don't mind doing drug tests drug classes or probation or whatever all right and i just asked that because i forgot to [00:25:29] Speaker 2: bring it up so that could be cleared up because it was in the PSI so sorry for the interruption no you're fine are there any other questions no more questions all right i'm sorry you may proceed [00:25:39] Speaker 5: with your argument okay thank you uh so and uh that charge was dismissed yes um again as i was saying i think my main point is that cullen is a very good candidate for probation he has no criminal history uh he is 22 years old he has a very very supportive family he has friends that he's had since he was in kindergarten that are still his friends i brought family members uh and i brought friends that have known him that are not related to him all of them including the letters that before we read from his employer uh and from other people that are friends that are not family his sister did write a letter all of them attesting to cullen's uh character and their long history of knowing him that isn't to say that what he did was not illegal and wrong he should be punished for it but he should in my opinion he punished in such a way that he is rehabilitated this is a case where it to me it cries out for rehabilitation not for prison prison would be the opposite in my opinion of what should happen now i know this is a crime that is extremely uh terrible and there is uh a lot of of um outcry against this this behavior and i agree it's fine i'm not opposed to that but in the appropriate circumstance and i think this is one a person that does this kind of crime can be rehabilitated and can go forward and contribute and of all the people that i've represented for sometimes in the last couple of years cullen seems to me to be the best candidate for probation um and i'm hoping that the court will give them that opportunity whatever uh program whatever um monitoring the court feels appropriate i'm asking the court to give him that chance all right state [00:28:10] Speaker 6: judge i respectfully disagree with defense's view that this defendant is a great candidate for community supervision this defendant has a pattern and throughout this case of hiding and minimizing his behavior when he speaks with the undercover instead of putting what he wants to do in a text message he insists on talking and he says those things over avoided message so it's less traceable he he gets there what happens happens he gets arrested he gets to this court he pleads on this case to supposedly take responsibility and when given that opportunity to take responsibility to the psi officer instead of just saying i chose to go there that night he says well she pushed me the officer pushed me to do it the undercover pushed me he blames the undercover doesn't take full accountability and even today he says oh well the reason for that is i was scared if his reaction to being scared concerned anxious or nervous is to lie to minimize that is a terrible candidate for probation because he's going to keep doing it on probation judge the descriptions in this report that the court has in the people in the stipulations of what he specifically says he's not just saying he wants to meet up and have sex with a 15 year old he uses graphic sexual language graphic violent language to talk about not only physically but sexually abusing a 15 year old child who he fully believes at that time is a 15 year old child i understand that this defendant is young there may be some substance abuse issues however judge this is not the kind of person who i believe would be safe on our streets i don't think he's a good candidate for probation and i would worry about an actual child being formed if he's let out so i would respectfully ask the court to deny the applications for community supervision and sentence and under the committee agreement all right so mr o'neill i want [00:30:11] Speaker 2: you to know that i heard everything from all of the witnesses i reviewed the psi i've internalized everything um i've read the chat matt messages that were sent to someone you thought was 15. i messed up [00:30:31] Speaker 11: yeah i messed up during today all right oh it's okay if he says something i mean i mean i've said about this you know what i mean like this is my life you know and i mean i just want to fix it the best way i can [00:30:45] Speaker 2: all right uh and i want you to know i'm taking in consideration your age and i do understand that sometimes people will do things they're intoxicated be it through drugs or alcohol however in reading the stipulations and in reading the psi reports there were so many times that you could [00:31:10] Speaker 11: have just pulled back i just i did not understand you know what i mean i really did if i had a better understanding i would have been honest like i have been today no no i'm not even here's the thing this [00:31:23] Speaker 2: is what i understand when probation officers are interviewing you for a psi report there are a lot of things going through your head right you don't want to say anything that could hurt you sometimes defense attorney i was a defense attorney let me just tell you what i would tell my clients i would tell them for the love of all that's holy just say my attorney told me not to speak about it right and then sometimes i would have clients i'm like go ahead tell them so i will tell you what is in the psi i'm not holding that against you because sometimes when people are faced with legal decisions sometimes they get nervous sometimes you have a lot of voices in your head what would my attorney say i understand all of that so i'm not holding that against you that maybe you said something that could be considered you're not taking responsibility so i want you to know that yes ma'am what i'm talking about is the offense and it's like there are so many points along the way that you could have stopped [00:32:26] Speaker 11: like not drive over there yes not go to the hotel i had not go up to the hotel room i completely agree and that's something that i've talked to myself and my mom and my family about and my friends about why i even did it because in no right state of mind ever have i ever thought that way or been in a situation like that i just i crashed out and i just i didn't i didn't know what what what sympathy was for the simple like the situation i was in i really didn't and i was i was young i was sleep deprived i was off drugs and alcohol and i really did not mean to make that decision and that's not who i am as a person i've never lied to my mom or people about my situation i've always been honest when they asked especially how i got my job back i had to sit there in front of a bunch of grown people and explain what happened you know what i mean and that's something i i mean i can't be unhonest about it because look how it looks on a piece of paper you know no matter what i said no matter what i did it's what's shown and i mean that's what's here today in front of us like and i i made a mistake but i don't believe that i deserve a present because i just i want to be rehabilitated i know i can work through what the police says i know my punishment isn't over it'll be at least 10 years that i'll have to deal with whatever the plea requires and i know that [00:33:47] Speaker 2: all right so this is what the court is going to do the court is going to find you guilty the court is going to order chapter 62 compliance there's a three thousand dollar fine time remind time and money to rank concurrently the court will send it to to three years in the prison to give you credit for any time served uh did you review the trial court certification of defendants rights to appeal with your attorney did you understand it and 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 because this is a felony conviction you're not allowed to own or possess any weapons or ammunition if you have a question over that what that is you'll need to speak to an attorney [00:34:31] Speaker 12: do you understand so three years yes well i have one i'm sorry okay you can talk to him yes here [00:34:38] Speaker 5: but i have another thing i'd like to raise yes this is uh not a 3g office no so i will i didn't did the court uh retain jurisdiction [00:34:53] Speaker 2: i'll consider it i'll tell you what you can file whatever you want to file and then the state you can you know make whatever arguments you you may want to make counsel excuse me i hug my mom uh no you'll have to talk to the deputies they're in charge of security uh counsel i'll yes you can file it and i'll consider it and and i will um once it's filed if he decides to file it then of course you know the state you'll have a chance to raise objections if i decide to do it okay thank you yes thank you all right [00:35:24] Speaker 13: so why did it come to this yeah it was just a messed up situation that night i wish i could i made a different decision and my son was in the car with me i was worried about his safety a hundred percent and i'm admitted that hasn't gone by since this happened that i wish i could have made a better [00:35:47] Speaker 2: decision that night okay i understand what you're saying but i still don't understand how an argument on the road comes to a pulling of a weapon i just don't understand that and they're asking for a driver's safety course they're asking for a gun safety course they're asking that you forfeit your harsh horseshoe bay badge credentials and they're saying that you flashed a badge and that you were no longer employed with them so i'm just trying to figure out uh what conditions would be appropriate for you this is why i asked [00:36:26] Speaker 13: these questions because there's a lot listed used the old time to diffuse the situation i thought it would help that was it there was no other reason behind it why did you still have the badge it was given to me by my chief of police at the time as a memento because that was my first job there before i went to border patrol so where do you work now um i've left law i left board patrol in 2016 and i'm i'm uh i went back to construction i'm a home inspector for new homes so it does happen i was i mean i'm going back to actually applied for ice that's it no envoy [00:37:16] Speaker 2: i mean but here it says that you pulled out a handgun with a silencer attached to it and opened fire am i [00:37:25] Speaker 12: reading that incorrectly no so judge he has a suppressor and so he he his parents live near kerrville that that's what the mother and father they had gone out to her birthday celebration that night he was going home with his son and uh they have a it's in a rural area so they actually have kind of a setup where they do target practice the suppressor has more to do with not making loud bangs that that that's why he had and it's legally owned he's got the stamp for it i have it in my file back trial file it's it's not illegally possessed otherwise i guess the feds would be involved in this case your honor that that's why i had the silencer i can tell you that um there was a perception on my client's part that the that the kid was tailgating then there was a break check which you can see from the from the statement in the police reports and then the kid comes around really close rolls down his window honks at him yells starts cussing and it kind of goes from there it goes kind of south i think i think my client thought he could handle the situation he thought he would diffuse it with the badge that didn't work and and then at the moment when this all happened uh apparently the young man had a phone in his hand this was at night and he made a gesture kind of with his hand to the side which at that moment in time my client who was already kind of freaked out thought it was a gun and that's this was an apparent danger case your honor police didn't find a gun in his car but that's that's what we saw we actually in the subpoenas dug up extraneous acts where kid had gotten trouble at school for posting um shots on social media with him with guns and he's holding it the same way he was holding the phone when he's talking to the police officers he's holding it he's pointing like this so that's the gesture my my client saw in that moment we made a mistake um we've spent a lot of time on this the state has spent a lot of time they they showed us a new witness who was the girlfriend of the young man in the car at the time that nobody had ever found we'd always went why weren't they looking for the girlfriend we couldn't find her we didn't know her name uh miss albin did a great job preparing for trial and that's kind of why we're here today judge i think both sides kind of met in the middle um again my client doesn't have a violent background it's just just thank god that he didn't hit the kid so that's why we're here [00:39:55] Speaker 14: oh is there something well i mean i'm not sure it's clear his the gun was in the car because of going out target practicing but he had gone and met his family for dinner and he was going home and they were in the back back seat of the car um in a bag you know it wasn't as if [00:40:21] Speaker 12: he routinely carries it he had been tired of practicing his parents house prior to dinner they actually had a concealed carry permit which he's since had to relinquish the state uh revoke [00:40:33] Speaker 2: because of this uh is there anything else no your honor [00:40:44] Speaker 15: anything else from the state um is happy with this resolution um i would uh just would like to hear now i do have a restitution amount but on the judgment yes it's two thousand four hundred and sixty [00:40:58] Speaker 2: three dollars and eighty two seven i'm sorry just one second if you could repeat that two thousand four [00:41:04] Speaker 15: hundred and sixty three dollars [00:41:10] Speaker 2: so is there any disagreement on that restitution amount no this i think that was part of the [00:41:14] Speaker 12: discovery which we actually had the receipt from the repair shop your honor there and where will you have that restitution amount um judge i think it's going to take a couple of months if that's if the court would entertain that um he started this job about june maybe and so there's been some lag time and i mean he is it's he is the independent contractor so lag time and taking the jobs and getting paid all right [00:41:42] Speaker 2: just one second excuse me everybody on this side y'all need to move because probation can't see and they they can't hear what's going on all right so when do you think it will be out and state your excuse [00:41:54] Speaker 12: when do you think he will have that i if i had i would say a minimum two months yeah 60 days all right [00:42:06] Speaker 2: and that's 60 days from today all right this is what the court is going to do the court and i'm going to tell you i was considering sending you to jail as a condition but the state is saying that the complainant is an agreement to this being your sentence so you can thank the complainant for that because sometimes i feel as though people need to have a chance to be alone in their thoughts at the jail to consider everything that is what they've done and it appears that you've taken that into consideration and it appears that on this night everything that could go wrong did go wrong but don't break check people people don't like to be brake checked that's just my experience from driving all right five years deferred adjudication regular reporting by zoom or in person regular random uas and i'm sorry what do you do you said you're in construction yes we have new home inspections all right he can do regular random uas or either you can do the patch the patch costs more but with the patch it gives you more freedom because probation will put it on and probation will take it off patch costs no though so you can either do regularly regular random uas or the patch proof of employment within 45 days there's to be no employment as a home health care provider with minors 120 hours of community service restitution i'm gonna require parenting classes once you complete that the community service hours will be deemed satisfied mrt the anger management course you to forfeit uh the weapon and you to forfeit your horseshoe bay badge credentials there's to be no firearm possession there's to be restitution in the amount of 2463.82 to joseph perez and that's to be paid in full within 60 days there's to be no contact with joseph perez there's to be no employment with law enforcement or any type of security there's to be field visits one time per month for six months are you here in bear county yes all right uh probation is there anything else all right and i'm sorry there's a fifteen hundred dollar fine that will be probated is there anything else that you need from the courts yeah judge in regard to employment [00:45:18] Speaker 12: if if some of the jobs are out of county i know some are in contiguous counties but if they're further um does he just can he get permission to do that if he shows [00:45:29] Speaker 2: probation where he's going yes uh probation he's allowed to work throughout bear county and other counties but you'll need to provide uh notification to probation that you're going to be working out of county working in county that's fine but if you're going out of county you need to let [00:45:47] Speaker 12: them know all right is there anything else and i just uh actually part of the free bargain was actually to not only just waive but to actually dismiss the second thing i don't know if that was clear you you did do it you waived it yeah but that is part of the inducement quickly is that [00:46:06] Speaker 2: and and it was to be oh i've already said that it's been waived it's on the record no i understand that but but i'm just being hyper technical no no i understand what you're saying but i i put on the record that it was waived and you all had no objections to it being correct correct it will not come back okay it's not allowed to come back there you go because that's what i'm right all right thank you sorry no problem it's your uh and i'm sorry there's an affirmative finding of deadly weapon did you review the document entitled trial court certification of defendants rights to appeal with your attorney did you understand it and sign it yes ma'am because it's 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 all right we can go off the record in this court uh communication with probation is key if there's an issue you need to let them know about it if you feel they're not addressing it you can always come back and address it to court but whatever you do do not disappear on probation that's not a good look you understand all right good luck to you thank you sometimes if somebody says well i'll be the driver to this robbery well maybe if that person would have said no i'm not driving anybody then everybody would have said well we can't do this we're not going to [00:47:22] Speaker 4: do it right the court has reviewed the documents is there anything your client was just to say no i [00:47:31] Speaker 2: understand what the witness stated but if y'all can explain to me how he commits one aggravated robbery pulls a weapon on somebody then in the report he says he says he's only doing it and this is from the the stipulations he's saying he's only doing it because somebody forced him to do it some man he doesn't know and that he was at uh sam houston high school attending but my understanding from testimony is that he was home school and i guess at some point he went to sam houston [00:48:07] Speaker 16: yes your honor so he transitioned in schools because he was finding himself in a position with these kids that he was trying to escape all right um so that was part of the reason why he transferred schools to a different location to try to get away from the environment that he was [00:48:23] Speaker 2: experiencing all right so if somebody can explain to me how he commits one aggravated robbery and then the next month he commits another and he doesn't internalize that this is the wrong thing to do [00:48:37] Speaker 16: i think the main thing your honor that was affecting alex at this time was his environment and this external pressure um threats and the people he was around at that time and with him being so young and trying to understand exactly what is the right decision how do i were the other people who were with him they were around the same age your honor okay um and it's those situations where you know you have a group of young kids alex who wasn't the one you know holding the gun to this store clerk but knows you know i'm in this tough position i'm i'm being threatened at the same time i know this is wrong and i want to be clear alex from day one has taken accountability for everything right so if he's [00:49:26] Speaker 2: saying that he's being threatened unless the law has changed maybe it has i don't you know say that i know everything but if he's committing an offense under duress then isn't that a defense it is your honor um and [00:49:43] Speaker 16: we talk about these things with clients and how they wish to proceed and so he doesn't want a jury trial at this time no your honor okay um mr avila has been through more than than most people since his young life um and there are times when as a kid he's trying to make the good decisions with the influence of his parents moving to a new country trying to get the health care for his brother and as we stated to the court he takes accountability for everything and he knows exactly where he went wrong and i think one of the things that spoke the most to me was when i was sitting with mr avilan we were talking about letters from people and family and he's the one himself that said i wanted to write something to judge and we sat several times where we passed revisions he's like i want to make it as as grammatically correct as possible what else um what can i talk about and that exchange really spoke to i think the core of who he was and who he is he's recognized where things have gone wrong and he's recognized where things can go even worse for him inside and i think that's a lesson that a lot of people who got before the court learn at different times and so for me to see that growth in him at such a young age when speaking with him i think is what spoke the most to both the social worker and myself mr avila is someone who was caught in the wrong place wrong time wrong factors but he is also someone who takes accountability he's also someone who is trying to carve out steps for himself and create a plan of success and to see that for someone his age i think is pretty remarkable i pulled him the options um and we've discussed what could happen and you know he's asking the court for probation and he would like the chance to tell you and show you exactly what he is capable of and how he can turn his life around and i wholeheartedly think that that chance should be extended to him let him prove to you and if not the alternative as well but at least give him this chance to show you exactly what he has learned what he wants to do and how he wants to move forward with his life not only to correct the harm that he's caused but also to become a productive member all right state judge regarding this offense and the letters that i pursued during the time of this impersonation yes the defendant has come to where not what he did was wrong but i mean he knew it back that again in his letter that he wrote he's falling on the sword because he knows that he's coming before this honorable court um i think that in reviewing the stipulations i think that he's displaying a continued pattern of you know with the use of other people's sin numbers um that is against the rules that are in jail so a pattern of continuing criminal behavior and then also i mean this was not just one aggravated robbery it was they hit one store and then are you know collecting and appropriating property from that store and then they go back and these are people that he met at school i might add but and then they go to another store and then a third store and so while i understand what counsel is saying i mean this was a continued pattern of criminal behavior violent criminal behavior where he states that he was aware that these robberies were going to occur and still chose to engage in this criminal conduct your honor [00:53:52] Speaker 2: all right so here's the thing and i want you to understand my thought pattern and why i'm doing what i'm doing i talk to children all the time and you know what i always tell them if you're with a group of friends and you all are planning a robbery you might as well go in the store yourself with a gun because if somebody else went in the store with the gun it's like you went in the store with the gun that's the way texas law operates and my problem with you is i understand you're young and that's what i'm trying to balance i'm balancing the fact that you're young i'm balancing the fact that you didn't have a gun because there have been i've had clients before where they're just the lookout somebody gets killed they're charged with murder they're looking at life in prison but you were more than just a lookout you're opening doors for people and part of the reason why everybody is charged the same is because historically if you look at the way the law was written they're thinking that maybe this crime would not have happened but for your participation sometimes if somebody says well i'll be the driver to this robbery well maybe if that person would have said no i'm not driving anybody then everybody would have said well we can't do this we're not going to do it but you continued and it's not just one so the state is asking for a cap of ten i'm balancing your age hopefully you have learned something and i'm also balancing the fact that you did not have a weapon but at the same time i'm balancing the fact that after everything happened you all sat around and counted money do you even remember what happened to your share of the money what you used it on none of us i didn't spend it sometimes people go to a convenience store they end up killing the clerk and you know what they end up with twenty dollars is your you know was that clerk's life worth more than twenty dollars most definitely is time going to prison worth more than the twenty dollars you had so um i'm i'm going to find you guilty uh does anybody want to speak to the cap [00:56:17] Speaker 16: donna we would ask um for the lowest possible we know that the court is taking into consideration everything that is happening um just so mr avila can get what he has planned done and he doesn't waste time in the beginning moving um and potentially experiencing more negative things that would upon and actually impacting me coming back to the system uh we understand the court's position and we understand the things the court's taking into consideration and i think this is one of the opportunities where the law allows for justice where you get to exercise your discussion but i am happy for the time i did review um everything that was rescued and over um testimony with the witness which was provided to me and that was factored into the key bargain and i think another aggravating factor is that there were other people that were with this dependent campus still defendants that were unidentified and so um and then asked for 10 years [00:57:22] Speaker 2: all right the court is going to uh find you guilty in each clause number the court will sentence you to two thousand dollar fine time and money to run concurrent court will give you credit for any time saved uh served the cases will run concurrently court will take in consideration 2025 cr zero zero one eight zero one eight twenty twenty four cc seven four one nine eight eight there's an affirmative finding of dentley weapon the court will request the therapeutic community the court will send you to seven years in the prison uh 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 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 because this 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 i understand that the prison life is the prison life is extremely hard if i had all of the money in the world and could build a prison the way it should be built every inmate would have their own cell that wouldn't be four to a cell five to a cell or any of this but i understand that there are bad things that happen at the prison but here's the thing do not waste your time at the prison there's free education there make sure you do that do not if they have a welding program get in a welding program and do not become institutionalized and do not get tattoos all over your body because people will recognize those as prison tattoos when you're released from the prison if you have any problem finding a place for any alcohol issues you have any mental health issues you have if i'm still here you come back here i'll pick up the phone and find transitional housing for you all right good luck to you okay all right the court is calling dc 2021 cr7552 state versus guillermo mejia ortega could i have parties [01:00:02] Speaker 16: announced for the record ashley jones for the state robert mauer for defending your honor [01:00:08] Speaker 2: and are you mr guillermo mejia ortega yes all right we have an interpreter here if you could raise your right hand the solemnly swear firm that you will faithfully translate from english into spanish and spanish into english so help you god yes your honor all right if you'll state your name for the record yes jacqueline payan all right you entered a plea to count one of no contest on september 23rd 2025 according to the plea the state is opposed to your application punishment is to be assessed at a cap of 10 years in the prison there's a 1500 fine chapter 62 compliance and no contact with the complainant have both parties had a chance to review the psi report yes yes any objections not from the state not from defense judge all right any witnesses from either side not from the state your honor just [01:01:02] Speaker 8: argument all right same with the defense judge all right state yes the state would ask the court to consider that these offenses happen against the most vulnerable of our community children in this particular case these children were 10 and 11 years old the victim named in this plea count one which the state proceeded on she was 11 years old at the time that this offense took place and this isn't [01:01:30] Speaker 16: something that happened just one time but as the sudden this continued for a period of time against our complainant and against her sister an attempt against her sister and the court the state would just like the court to consider that this defendant took away their essence that he gave them something they're going to have to struggle with for the rest of their life and we would ask the court to just take that into consideration and sentence this defendant deep in 10 years in the sex department of practice all right defense judge i've reviewed the psi with [01:02:04] Speaker 1: my client and i discussed um the the facts of the case uh my client entered play an accepted responsibility for the offense he's not a citizen of the united states there is an impact in household and he's awaiting deportation uh once his case is completed uh what i'd ask the court to consider is granting his application for deferred uh and uh allowing him to be afforded to mexico he was gainfully employed and i think trying to uh get citizenship obviously that is off the table now but i would ask the court to consider granting his application for deferred if not i would ask the court uh to sends him at the low end of the range of punishment uh analog deportation once he's finished his [01:02:49] Speaker 2: sentence right and why should i follow this plea why isn't he you know headed for jury trial your honor [01:02:58] Speaker 16: at this time uh the state has spoken with the complainant with the complainant's family and this is [01:03:04] Speaker 1: what uh this is the agreement of the complaints judge i can tell you we negotiated this i think i think in good faith based upon one not wanting to put the complainants through the possibility of a jury trial and i talk to my client about the number of cases i tried like this and the potential result and i think it's in the best interest of both parties i guess one for the complainant's not to have to go through the trial and of my client to get the benefit of a plea bargain as opposed to the range of punishment that [01:03:35] Speaker 2: could be assessed at a trial that was convicted all right court will find you guilty court will sentence you to 10 years in the prison there's a 1500 fine chapter 62 compliant so you have to register as a sex offender for the rest of your life there's to be no contact with the complainant no re-entry to the united states after you've served your sentence no contact with minors and no residing in household with households with minors did you review the document entitled trial court certification of defendant's rights to appeal with your attorney did you understand it and sign it yes 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 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 that is you'll need to speak to an attorney do you understand yes all right thank you yes state you're opposed [01:04:31] Speaker 8: correct uh yes yes all right state i'm sorry not state uh miss abrams judge mr rivero has been on [01:04:44] Speaker 16: probation since november 2023 he was placed on um deferred adjudication for a period of five years he has met all of his financial obligations he's completed all of his um programs to include vipp the 150 community service hours and he's abiding by the no contact order currently he's being um supervised out of the state of florida he's been supervised since um april of 2025 in the last progress report from the state of florida indicates that he's been compliant with all the terms of and conditions of his probation he reports is instructed and maintains open line of communication with his officer he's maintained a stable residence and has had has not had any violations of his supervision i would note that our um assistant probation officer did contact the victim and she is objecting to the early termination um mr rivera would like to address the court all right mr rivera there's something you wanted to say [01:06:02] Speaker 17: um yes can you hear me yes um thank you very much excuse me uh first of all good afternoon and um thank you very much for um allowing me to be in this hearing today to um to basically provide additional detail from my point of view on this particular case so i'm going to break this up into three different um points right the first one's going to be the positive of this particular case in the situation um the negative and also the future state um in this particular situation ma'am and i have had time to reflect right i've had time to reflect to see my wrongs in the situation what i could have done differently at that particular time i had um little too many probably a little bit of um coping skills right i didn't have many coping skills at all for to handle those type of situations excuse me i have to like like the um like the lady mentioned i have taken the classes and and gained um skills you know to to actually avoid those type of situations and just nip them in a bud and um avoid this at all at all costs so i've um also you know learn how to how to deal with that and avoid conflicts like how she stated i have fulfilled um you know my community service and all the other obligations um that the court requested um as well positive i have you know reached out to my psychiatrist slash therapist and i've spoken to them about the situation so i could i do have professional support right and i also have expanded my network and reached out to family members um and built those relationships back up which um i did not have and lost um and during that relationship and that um you know i was basically alienated and isolated from my family which is not good um as well i have as well i have um you know besides growing my support network i have also um you know moved to florida like how she did mention just my life has been in florida right i was doing great in florida i was thriving in florida i've been educated in florida my life has been in florida right so i have i am back home and i'm grateful for the court to allow me to come back here um that those are the positives that i've taken out of the situation right the negatives and i'll be quite candid in these in these negatives right so um my career currently is on hold right so um basically in a bank in a finance industry with this type of with this type of case i can't be bonded right um and when in terms of bonded that means insured right by the bank by the banks due to regulations right um so i can't technically mr rivero this is what i want to let you know this is your problem [01:09:04] Speaker 2: your problem is with the nature of this case and the fact that the complainant is still going through certain things and the complainant still states that they are in fear of you sometimes when people are on probation they abide by no contact orders or no contact orders then once they're released from probation then they do whatever they want to do do do i think that you will contact her no but i don't have a crystal ball to show that to me uh what i can tell you is the complainant has stated that they're still going through the ramification of your actions and what they're going through is having facial surgery and you know the state is the one that offered you this deferred adjudication so i'm not going to grant early termination but what i will do because you've completed everything i will allow you to report by mail but as far as early termination the answer to that will be no from the court [01:10:12] Speaker 17: all right thank you all right thank you [01:10:20] Speaker 2: what is going on while you are not ready to question your reset urine he was extradited [01:10:25] Speaker 18: down here from arizona there's just some the da and i conferred and it needs to be some investigation to exactly what happened when he was there anyways in california what's going on for the last three or so years we just don't have enough information at this time so we're asking for reset for further investigation before we try to work something out hopefully and i've provided um the state with the case number from his case from arizona and i think [01:10:51] Speaker 8: they've already gotten their investigator looking at it yes all right so i don't understand why [01:11:04] Speaker 2: like this motion was filed july 24th and what's filed with the court the case from arizona is already attached so that means that somebody already knew about this somewhere because the indictment and everything is attached to the motion [01:11:28] Speaker 8: so i don't understand here's some wording in the order that we need to transfer it appears that in one of the judgments there may have been they may have ordered it to run with this case [01:11:48] Speaker 2: well i don't have to run it concurrent with this case so whether they're ordering it or not that's not a hindrance to what the court does on whether something runs concurrent or not similarly if i were to say this is to run concurrent with the federal case before the federal case is resolved the federal case does not have to run it concurrently now normally if there's a sentence that is happening in another case normally i run it concurrently unless there's a reason not to so whether or not they ran it concurrently or not is not a hindrance to this case moving forward so that's off the table as we need more time to see if they ask that it be ran concurrently or not so what's the next issue just doing what investigation on what because if he's already pled to it and that if he's pled to these cases there if he entered a plea of guilty then what is he he going to come here and say not true when he's already pled guilty so i don't understand [01:12:58] Speaker 8: and i think uh just from what the dance and i were discussing we wanted to see what he pled guilty to as there are violations i know there's one judgment there it looks like a narrative of the court summary there may have been two charges and those was picked up five additional ones i didn't know the outcome of [01:13:15] Speaker 16: those so that's what i was looking for my investigator on all right all they have to do is pick up [01:13:19] Speaker 2: phone and call somebody that they'll answer but just a judge i don't think you have a supplement there's [01:13:24] Speaker 18: a supplement do you have a supplement mtr which does include some technical i have a first amendment amended there's a the vast majority of the violations are from yuma arizona but the very end of the first or second supplement i believe there's three technical violations well he has the [01:13:39] Speaker 2: unlawful use of transportation from yuma narcotic drug possession yuma so that's on the first amended [01:13:49] Speaker 18: at the very end of the last motion that was filed by the state there's three technical violations [01:13:56] Speaker 2: all right so let me ask you this yes so is he sentenced to federal custody has he been sent to prison he's federal prison but not federal right no all right so has he been sent to prison in yuma he did about two and a half years all right so technicals are what's going to hold this up all right so this is coming back uh tomorrow and you all need to call whoever you need to call that phones are for i can't be here [01:14:24] Speaker 19: tomorrow i have um i'm sorry i can't be here tomorrow i have a medical procedure okay all right so i'll see [01:14:29] Speaker 2: you all back this afternoon call whoever you need to call judge i have to prepare for this afternoon no i understand i want to make sure that you all have all the information because nobody's called anybody so i'm not saying it's gonna go on a contested hearing but you all need to pick up the phone and call yuma county or whoever you're going to call to see what what information they have because in the courts documents and this is just something that's attached to the motion to revoke they already have the arizona in the document so pick up the phone call somebody [01:15:10] Speaker 16: yes we're already ready all right okay all right thank you [01:15:17] Speaker 20: i can't be back okay london you really scared me and i just didn't want to come back here that's why i wouldn't run all right okay court is calling [01:15:32] Speaker 2: 2022 cr 9805 state versus fernando carmona the third could i have parties announced for the record lauren espinoza for the state andrew k hicks for the defense and are you mr carmona yes ma'am and are parties ready to proceed we're ready to proceed judge all right did you review the document entitled motion to enter adjudication of guilt and revoked community supervision with your attorney did you understand it yes sir are you the same fernando carmona the third who's placed on deferred adjudication in 2022 cr 9805 for the offensive aggravated robbery on february 3rd 2023 for a period of 10 years is that you sure all right state i'm state's first amendment i'm so sorry and also did you review the first [01:16:17] Speaker 16: amendment motion with your attorney yes sure all right you may proceed violated condition number one honor about the 22nd day of november 2025 in bear county texas the defendant fernando carmona the third committed the offense of failure to id fugitive intent to give false information in violation of [01:16:37] Speaker 2: condition number one all right to that how do you play true or not true true violated condition number [01:16:47] Speaker 16: one honor about the 22nd day of november 2025 in bear county texas the defendant fernando carmona the third committed the offense of evading arrest detention in violation of condition number one how do you plead to that true violated condition number four in bear county texas the defendant fernando carmona the third did then and there fifth report to the supervision officer as directed for the months of january february march april may june july august september and october 2025 in violation of condition number four how do you plead to that true or not true true and finally violated condition number four in bear county county texas the defendant fernando carmona the third did then and there failed to report to the supervision officer as directed for the months of january february march april may june july august september october november and december of 2024 in violation of condition number how do you [01:17:45] Speaker 2: plead to that true or not true state will waive the remaining any objections to the waivers no judge none judge all right did you understand by pleading true to violations one one four and four the court could find it true grant the motion find you guilty and sentence you up to life in prison yes sir and up to a ten thousand dollar fine did you understand yes your honor knowing that do you still wish to plead true to violations one one four and four yes your court will find one one [01:18:15] Speaker 16: and four and four true is there a proposed agreement no there's not judge um we have differing opinions so the state's position is to grant state's motion revoke probation and turn adjudication of guilt and [01:18:29] Speaker 4: sentenced to 18 years in the prison all right so i need a um trial court certification i don't have any [01:18:34] Speaker 21: judge i actually have one right here um i went over with it he's uh my my client's a little emotional at the moment and didn't want to sign it we're willing to stipulate on the record if uh perhaps that um he uh that i have gone over his uh the certification of his rights to appeal and i've explained to him that any actions that you take here today technically he would have the right to appeal but he cannot under appeal his underlying case all right did you not want to sign a trial court [01:18:58] Speaker 2: certification of defendants rights to appeal yes it's a oh okay you'll sign it okay we'll we'll have it [01:19:04] Speaker 21: sign right now judge right i understand that yeah right there and so judge we're gonna go ahead and tender that certification of right of appeal all right so the [01:19:28] Speaker 2: state is asking for revocation for 18 years defense do you have any witnesses um your honor we have no [01:19:36] Speaker 21: witnesses although except for my uh client mr carmon himself um he's he's willing to answer any questions that the court might have and also wants to say a few words on his own behalf all right you [01:19:44] Speaker 2: want to raise your right hand do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth so help you god yes all right you can lower your hand state your name for the record all right let's get to the crux of things why did you never report i was going through [01:20:01] Speaker 20: a lot at the time i had a miscarriage with my with my girlfriend and then i was and then my other my daughter's mom wasn't letting me see my my my daughter that i have right now and i and i started taking a lot of drugs and i and i just let time pass and i wasn't really in the right state of mind but you were in the right state of mind to commit new offenses i i had just panicked whenever i saw cops and i just try to run here's the thing i don't think that you're a good candidate for probation [01:20:38] Speaker 2: i understand that and the reason being is because you were given a chance at probation sure and i'm sure it was because of your age uh the state recommend for recommended for you to have deferred adjudication and when they did that they took into consideration uh three cases and so you're not a good candidate for probation have you done anything while you've been on probation i tried to report for the first time but then [01:21:15] Speaker 20: i'm sorry i just i just had a lot of that that had happened at the time and i was just you know i was just emotional and i i just wasn't i just wasn't who i am i'm sorry well no i mean here's [01:21:28] Speaker 2: the thing i understand that somebody sometimes people want to turn back the hands of time but you can't so we just have to deal with where we are now and where we are now is according to what i'm seeing you have not done anything that's true on probation except pick up new cases and that's the number one thing the easiest thing is to report because all that i mean it takes time because you're sitting waiting for whoever your officer is to call you back and not pick up any new cases you know when people say well i don't belong to a gang i don't pick up new cases i pay my child support it's always you you want a cookie for that because everybody does that like you shouldn't get kudos because you pay child support right and you're telling me that the mother of your other child didn't want you to see that child well i mean you come to her on probation for aggravated robbery why would she want you to see your child and then you're picking up new cases and [01:22:37] Speaker 20: whatever else you had going on in your life the most thing that threw me off was the fact that i had a miscarriage and i was just really i was just really down about that for two years yeah and i and i [01:22:50] Speaker 2: understand and i don't want to make light of it anytime you lose a child that stays with you forever but i don't see how that translates to you never showing up i understand that and when you said there was a miscarriage what month was that um it was [01:23:12] Speaker 20: i'm not really sure i can't tell you the exact month well i mean was it i just fell into depression i'm just but when um around that i had i had met my probation officer and it was like a month after that so i mean when would this have been though i'm that's [01:23:33] Speaker 2: what i'm trying to figure out so if you began probation [01:23:43] Speaker 22: back in february of 23 and you said that you've made a visit yeah i was around april [01:23:50] Speaker 20: april what uh 2023 [01:23:56] Speaker 2: yeah i i just don't think that you're a good candidate i understand that [01:24:02] Speaker 21: judge if i may on on his behalf i mean you can see he's obviously very emotional here today um first thing that he told me especially when i told him what the state [01:24:10] Speaker 20: was offering was he's scared to death i'm sorry just the last time i i'm so sorry the last time i saw you you really scared me and i just didn't want to come back here that's why i would run yeah [01:24:22] Speaker 2: because i mean here's the thing you've been here before this is not your first motion to revoke and i do understand that sometimes when you're dealing with young people and you're young right that is why the first time you came back there was not a revocation that's true and the mother of your child what's her name felicity all right that's the mother of your child and then the and then there's someone different all right so here's the thing the last time you were hearing a motion to revoke you know what i put in [01:24:58] Speaker 20: place no i don't no contact with felicity [01:25:06] Speaker 2: and here you are trying to get in touch with her so you could see your child the last time you were [01:25:12] Speaker 20: here there was to be no contact yes it was my sister that was trying to uh like get her so that i could see her okay yeah because i have nowhere to be or anywhere to live and my sister had a house and she just told me that she'll be able to take my daughter in so that i could see her i wasn't contacting felicity [01:25:32] Speaker 2: yeah i just don't think you're a good candidate for probation if it if it would please the court mr [01:25:38] Speaker 21: carmona um who has been in touch with me uh pretty extensively both through both in person and through his girlfriend has prepared a letter for the courts that any objection objection it's just a heartfelt uh something he's as you can tell mr carmona doesn't really do the best job putting together his own words and he just put his thoughts down on paper no objections on the state [01:26:05] Speaker 22: thank you judge [01:26:14] Speaker 2: so um mr carmona you've been on probation since 2023 yes sure and you haven't done anything the only thing you've done is not report and pick up new charges yes i don't think you're a good candidate for probation so i'm going to grant the motion and i'm going to find you guilty the only question is to as it relates to length of time [01:27:04] Speaker 21: judge um with regards to the length of time um again we would ask that the court please take into consideration mr carmona's age as uh your honor has already uh risen uh as i'm sorry my i'm getting over a cold my mind is still a little bit in flux here as the court has already raised on its own a court um he is very very young um i believe that this incident took place when he was 19 years old he's 23 about to turn 24 years old right now um the uh obviously uh this underlying incident um i understand that there were some pretty uh bad facts in this case um nevertheless i would please ask that the uh the court please uh take into consideration then the time that has passed since then um he does actually have a girlfriend who is here in the courtroom with him who has sent him for the most part on the straight and narrow since then he's is this the person who uh had the miscarriage yes okay and um she she has cared deeply she has been in touch with me pretty consistently um she's been looking out for him uh and how old is she okay how old are you again [01:28:17] Speaker 2: she's 19 judge she's 19 and you decided to attach your star to somebody who is on probation for aggravated robbery decided to have a child with him and the only thing he's done on probation has been picked up new cases and not reported is this what we're doing in this world judge i can't speak [01:28:40] Speaker 21: to her choices on this there but she sees something in mr carmona and she has really taken an interest in him and as such i would just again i i i can speak from a personal experience judge that i as a man i was a different man from when i was 19 to 24 and then to what i am today i there's a there's a reason why they say the brain doesn't stop developing until you're in your late 20s especially as men and i i see that mr carmona i mean i i when i met him i kind of ran the full gamut of emotions there i mean admittedly he was a little bit cocky when i first met him and then he got a little concerned a little frustrated and now today i see this this very scared young man and right now he is very very much staring down the facts that he could be spending the rest of his life in prison and again based on the facts of as i understand them because i did not handle the underlying case i've been handling only the mtr um i i don't see anything here that would warrant him spending 18 years of his life where he would then get out and be in his 40s he would i'm i'm gonna be turning 50 pretty soon but i could only imagine myself starting my life essentially nine years ago so i i just don't see that the facts warrant that here um i asked that the court please take mercy on him um in its sentencing and please allow him to get another start at life i think um with some structure he might actually show some potential [01:30:09] Speaker 4: before you met her did you tell her you were on uh probation for aggravated robbery yes [01:30:16] Speaker 2: and did she give you any advice to hey you need to report she was here for my life too because the last [01:30:22] Speaker 20: time i i was here you had told me that i was gonna get life if i ever came back here no what my i'm [01:30:29] Speaker 2: sure what i've said was from here on out everything you do you need to ask yourself if the actions you're taking if that could result in you potentially going to prison for life if it is don't do it if the answer is maybe don't do it and i'm sure i probably told you if there's anything that you need speak with your probation officer if you feel they're not addressing it you can always come back to the court you didn't either instead what you did was not report for close to two years and pick up new charges all right the court is finding one one four and four true the court will find you guilty revoke i'll request a therapeutic community uh there's an affirmative finding of deadly weapon there's to be restitution to miguel zapien uh if any uh there's a fifteen hundred dollar fine time and money to run concurrently there's to be no residing in households with minors and the court will sentence you to 14 [01:31:24] Speaker 21: years in the prison judge may just please ask for reconsideration for less again just based on everything here judge um i i do appreciate that this was less than the 18 years of the state asked for but again may we please ask for reconsideration thank you for your arguments counsel did you [01:31:44] Speaker 2: review the trial court certification of defendants rights to appeal with your attorney did you understand it and sign it all right because this is not a plea bargain agreement uh you do have a limited right to appeal that right to appeal is as it relates to the allegations in the motion that the court found true you're not allowed to claim any weapons or ammunition if you have a question over what that is you'll need to speak to an attorney do you understand all right so your complete sentence from the court is 14 years therapeutic community i cannot force them to place you in the therapeutic community or order that you'll have to to request it as well there's an affirmative finding of deadly weapon 1500 fine that fine will run concurrently with the time you serve and there should be no residing in households with minors all right good luck to you [01:32:45] Speaker 4: who's ready i have arlindo brandon garcia village eight one down brandon garcia [01:32:56] Speaker 2: all right so what are we going to be doing with this case um so we spoke with the family i believe [01:33:13] Speaker 16: we're going towards the best mtr when we wrap the cases up that way we haven't found that okay all right [01:33:23] Speaker 2: uh miss ferguson can you uh state when are will you be ready on a contested hearing on mr lampkin all right if you'll give me a two-week reset and are parties okay with witnesses appearing by zoom [01:33:40] Speaker 16: uh yes your honor um we are going to be in trial um in both bear and kendall over the next two weeks the way possible to have a date closer to three or four [01:33:54] Speaker 2: weeks now state yes defense say they will be in trial in two weeks in another county bear county and then someplace out of county are you okay with uh moving it to three weeks out yes your honor all right thank thank you all right ms ferguson a three-week reset for contested hearing [01:34:26] Speaker 16: we're gonna be doing our mistrial for punishment in the 290th on the 17th so i think the 20th would be [01:34:42] Speaker 2: the best for us all right november 20th yes all right so continue taking your medications following the doctor's orders you understand all right and listen to your grandfather and counsel i believe everything [01:34:58] Speaker 16: has been signed um i don't believe so judge we just have the motions to allow him to go trick-or-treating with his family around his neighborhood all right state as opposed all right uh state [01:35:13] Speaker 2: do you want to be heard on the defense's request for oh the trick-or-treating i mean we're we're not in [01:35:23] Speaker 16: agreement on that but uh do you need a hearing or you can just notate it all right so this is what i'm [01:35:33] Speaker 2: going to to say and i know the state is aware of this his because of his mental health issues he's always with his grandfather and if his grandfather is going to be out of the house it's best for his mental health and the court is going to find it best for the safety of the community that he is with his grandfather so uh can i have the grandfather come up please all right sir i know that good morning i know that you're responsible for other people in your household as well with regards you're responsible for him yes all right so with regards to this going to different neighborhoods for trick-or-treating why is that needed for him it's only because his [01:36:36] Speaker 23: where the relatives live uh one uncle lives in camelot and then we go by the church on judson road and so we they do that uh trunk or treat and so we go to the church and then we go to where his uh uncle is in camelot so it's about like 30 minutes away and then it'll be all the little kids and stuff like that [01:37:00] Speaker 2: you know okay so why does he need to go that's what i'm trying to figure out oh because the family all [01:37:06] Speaker 23: goes together and like you know like the church has that hayride thing yes where you sit on it and [01:37:14] Speaker 2: okay i understand now i thought that you're taking him because sometimes i see adults trick-or-treating and they don't have a child with them and i'm like come on this is not for you [01:37:24] Speaker 23: but now i understand and plus your honor there's a new uh he's an uncle there's a new grand baby a one-year-old now so it'll be his first year for halloween and stuff okay [01:37:38] Speaker 2: all right so are you dressing for the festivities am i in a costume oh no i'm just going to my old military style look oh okay all right i'm always interested in what people will be wearing so state i understand uh your objections but i your honor i went as a a sheik [01:38:00] Speaker 23: when as a what uh s-h-e-i-k ah and i had two two ladies go with me kind of the sheik in there oh i just thought i'd tell you that's okay that's right i'm sorry oh too much yeah all right so this is [01:38:15] Speaker 2: what um i'll do i understand his mental health issues and because we've had so many hearings with him before with probation and we've had previous input for from his doctor i understand this is what what he needs to maintain his mental health so i will grant it however he can only do this if you are present oh yes i'll be present all right so if you all will add that and i will sign it all right and then uh miss ferguson if you'll have a seat miss ferguson uh we'll give the reset form and and once you sign that you'll be excused yes just have a seat yes thank you thank you you're welcome [01:39:04] Speaker 24: their vehicle is t-bone so that probably means that their vehicle is not drivable the court is going [01:39:10] Speaker 2: to call sebastian gabriel marino can i have the parties announced i can go for the state jump in us for defense and are you mr marino counsel you received all discovery did you review it with your client yes all right we'll find that the state is in compliance with discovery mr marino did you review the application for community supervision with your attorney did you understand it and sign it yes did you review the true bill of indictment with your attorney did you understand it yes counsel do you waive the reading of the indictment we do say are you proceeding on the indictment as presented mr marino did you review the court admonishments with your attorney did you understand it and sign it in all the appropriate places if you understand you're charged with evading arrest detention with a vehicle that's a third degree felony range of punishment is anywhere from 100 i'm sorry anywhere from two to ten years in prison and up to ten thousand dollar fine if you have a plea with the state the court does not have to follow your plea if for any reason the court does not follow your plea and gives you more than you bargained for the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea do you understand yes 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 by entering this plea you're giving up those rights did you intend to give up those rights and enter until plea in this case counsel has your client been able to provide you with any defenses he has do you believe he has a rational as well as a factual understanding of the charges against him i do judge do you believe he's currently competent and was legally sane at the time of the offense you will search mr marino has anyone threatened you course do you replace you in fear to get you to enter this plea all right anyone promise you anything other than the plea no are you satisfied with the way you've been represented yes if you're not a u.s citizen by entering this plea you will be deported denied naturalization and re-entry did you understand yes court will find that defendant has knowingly and voluntarily waived his right to jury trial it's your view the plea bargain page with your attorney did you understand it it according to the plea punishment is to be assessed at eight years in the prison there's a two thousand dollar fine the state recommends community supervision there's no application for deferred adjudication taking in consideration 2024 pf 23175 2024 pf 23175 i'm sorry 176 did you understand that to be the plea yes defense yes judge state yes your honor i'm sorry that's okay did you review the waiver of appeal paragraph with your attorney did you understand it and sign it in both places yes by signing that you're waiving your right to appeal the only items that can be appealed are written pre-trial motions that have been filed heard and ruled upon by the court did you understand yes counsel are there any such motions outside the agreement the state is requesting that your community supervision before term of six years there'll be a tap evaluation 200 hours of community service restitution the mrt and aggressive driving did you understand those were recommendations from the state and the court does not have to follow those recommendations then to the offense as charged how do you plea no content state any evidence it offers states one in attachments no justice did you review the waiver and stipulations with your attorney did you understand it and sign it 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 to remain silent yes 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 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 the court will review the same all right the court will find their sufficient evidence to find you guilty the court will find you guilty is there any outstanding restitution we've not received documentation regarding that um so at this time i believe we leave all right how old are you i'm 23 all right you're 23 did you drive here today all right so why are you doing this well to be completely honest with you uh yes please be completely [01:43:58] Speaker 13: young i was going through uh the beginning of my divorce at the time when i've been with my ex-wife for about [01:44:10] Speaker 16: six years at that point um it was just kind of one thing after another the escalated what it shouldn't have been i've done a lot of different uh things now now i'm a volunteer [01:44:24] Speaker 24: firefighter i do try to be there as much as possible um so you say you're a volunteer firefighter what is [01:44:31] Speaker 16: your employment status i work at a shop i'm a technician you're doing what i work on vehicles [01:44:38] Speaker 25: mechanic yeah do you have any children i do allow the two-year-old [01:44:47] Speaker 24: all right this is what the court is going to do the court was sentenced you to eight years in the prison suspended and probated for six years regular reporting by zoom or in person regular random uas proof of employment within 45 days no employment as a home health care provider or with minors Taking consideration 2024 P.F. 23175 and 23175, I'm sorry, 23176. There's a $2,000 fine time. With regards to a $2,000 fine, the court will probate that. Bill visits one time per month for six months. [01:45:35] Speaker 2: Defensive driving course. There's to be no driving for six months. MRT, 200 hours of community service restitution. Once 100 hours are completed, I'm sorry, 200 hours of community service restitution. [01:45:59] Speaker 24: I'm going to require parenting classes. Once the parenting classes are completed, 100 hours will be deducted from community service restitution. The remaining 100 hours will be deducted upon completion of MRT. There's to be a top evaluation out of custody. Follow recommendations. And there is no restitution order. [01:46:23] Speaker 2: Probation is there anything else that's required? [01:46:33] Speaker 24: Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? [01:46:39] Speaker ?: Is there anything else we need from the court to be successful? [01:46:39] Speaker 13: Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? [01:46:41] Speaker ?: Is there anything else we need from the court to be successful? [01:46:42] Speaker 13: Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? [01:46:44] Speaker ?: Is there anything else we need from the court to be successful? [01:46:44] Speaker 16: Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need to be successful? Is there anything else we need from the court to be successful? [01:46:55] Speaker 24: Is there anything else we need from the court to be successful? [01:46:56] Speaker ?: Yeah. [01:46:57] Speaker 24: Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? [01:47:08] Speaker 26: Is there anything else we need from the court to be successful? [01:47:09] Speaker 24: Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? [01:47:48] Speaker 4: Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? [01:47:55] Speaker 1: Is there anything else we need from the court to be successful? [01:47:56] Speaker 24: Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? [01:48:16] Speaker 25: Is there anything else we need from the court to be successful? [01:48:17] Speaker 24: Is there anything else we need from the court to be successful? [01:48:18] Speaker 2: Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? [01:48:36] Speaker 26: Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? [01:48:40] Speaker 2: Is there anything else we need from the court to be successful? [01:48:41] Speaker 26: Is there anything else we need from the court to be successful? [01:48:42] Speaker 2: Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? [01:48:45] Speaker 26: Is there anything else we need from the court to be successful? [01:48:46] Speaker 2: Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? [01:48:49] Speaker ?: Is there anything else we need from the court to be successful? [01:48:50] Speaker 2: Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? The court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Yes. Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? [01:49:04] Speaker 26: Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? [01:49:08] Speaker ?: Is there anything else we need from the court to be successful? [01:49:09] Speaker 2: Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? [01:49:14] Speaker 26: Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? [01:49:20] Speaker 2: Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? [01:49:25] Speaker 26: Is there anything else we need from the court to be successful? [01:49:26] Speaker 16: Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? [01:49:40] Speaker 8: Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? [01:49:43] Speaker 24: Is there anything else we need from the court to be successful? [01:49:44] Speaker 8: Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? [01:49:46] Speaker 24: Is there anything else we need from the court to be successful? [01:49:49] Speaker 26: Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? [01:51:35] Speaker 2: Is there anything else we need from the court to be successful? Is there anything else we need from the court to be successful? [01:51:37] Speaker ?: Is there anything else we need from the court to be successful? [01:51:38] Speaker 26: Is there anything else we need from the court to be successful? [01:51:39] Speaker 2: No, Your Honor. All right. In the stipulations, you admitted that you're the person who purchased the weapons? [01:51:45] Speaker 9: Yes, Your Honor. All right. [01:51:47] Speaker 2: So, I mean, there's, I don't think you're a good candidate. I mean, you should have known you can't purchase weapons. You're, all right? That's good. So, the court is going to find you guilty. The state is asking for a cap of eight years. Is there any argument with regards to the cap? [01:52:09] Speaker 26: Just simply, Judge, that he was trying to do well. He knows he made a mistake. He's accepting responsibility for it, Judge, by taking this plea and not making the state take him to trial and waste the court's time. So, we're asking that you be as lenient as you can. All right. [01:52:29] Speaker 2: And state. [01:52:30] Speaker 24: State cap as the ordained generous considering the prior criminal. So, we just ask the consent. All right. [01:52:38] Speaker 2: The court will follow your agreement. The court will find you guilty. Sentence you to eight years in the prison. Give you credit for any time served. There's a thousand dollar fine. Time and money will run concurrently. This will run concurrent with 2023 CR 6499 B. I'm sorry, not 2023. It will run concurrent with 2003 CR 6499 D. Is there anything else with regards to sentencing? No, Your Honor. [01:53:07] Speaker ?: All right. [01:53:07] Speaker 2: Did you review the document entitled trial court certification of defendants rights to appeal with your attorney? Did you understand it in science? Yes, Your Honor. [01:53:16] Speaker 22: All right. [01:53:17] Speaker 2: Because this is a plea bargain agreement, because I followed your plea bargain agreement, and as you waived 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 that is, you'll need to speak to an attorney. Do you understand? Yes, Your Honor. All right. We can go off the record. Here's the thing. You know what position you're in. You know. If you don't know. If you didn't know before, you now know. You're not allowed to possess weapons. You're a felon. Right? Again, you shouldn't let anybody in your space that is going to potentially result in you being charged with something that's illegal, because you know what you're facing. All right. Good luck to you. Okay? [01:54:02] Speaker 4: Yes, good. Anyone else? Yes, good. Joshua Sutherland, page two. [01:54:06] Speaker ?: We're down. [01:54:07] Speaker 2: What were you thinking? [01:54:09] Speaker 25: Good afternoon. [01:54:10] Speaker 2: Good afternoon. Uh, court is calling 2024 CR 012217 State versus Jorge Alberto Pueyar Guevara. Can I have parties announced? Chief Rear for the State. [01:54:23] Speaker 25: Orlando Costinone for defense. [01:54:25] Speaker 2: And are you Mr. Guevara? [01:54:28] Speaker ?: Okay. [01:54:29] Speaker 2: Yes. Is that you? Yes, ma'am. I'm sorry. All right. No problem. I'm sure I'm probably mispronouncing. I'm sorry. Counselor, have you received all discovery? Yes, ma'am. Did you reveal with your client? Yes, ma'am. Yes, ma'am. Court will find that the state is in compliance with discovery. Yes, ma'am. Mr. Guevara, did you review the true bill of indictment with your attorney? Yes, ma'am. Did you understand it? [01:54:50] Speaker 14: Yes, ma'am. [01:54:51] Speaker 2: Counselor, do you waive the reading of the indictment? I do. State, are you proceeding on the indictment as presented? [01:54:56] Speaker ?: Yes, ma'am. [01:54:57] Speaker 2: Mr. Guevara, did you review the court admonishments with your attorney? Did you understand it and sign it in all the appropriate places? Yes, ma'am. Did you understand your charge with online solicitation of a minor for sexual conduct? Yes, ma'am. That's a second-degree felony. [01:55:11] Speaker 16: Yes, ma'am. [01:55:12] Speaker 2: Range of punishment is anywhere from 2 to 20 years in the prison and up to a $10,000 fine. If you have a plea with the state, the court does not have to follow your plea. If for any reason the court does not follow your plea and gives you more than you bargained for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea. Did you understand? Yes, ma'am. All right. After viewing states exhibits one in attachments, the court will find there is sufficient evidence to find you guilty and the court will find you guilty. Are you proceeding with sentencing? Yes, judge. [01:55:43] Speaker 25: All right. [01:55:44] Speaker 2: Why should I follow this plea? [01:55:46] Speaker 25: Judge, he has no prior criminal history. He's accepting responsibility. We discussed some defenses to this case, but in light of all the facts, I believe that he thought this is in his best interest to pursue. And as such, we're asking you for all this agreement. [01:56:05] Speaker 2: What were you thinking? I wasn't thinking. [01:56:07] Speaker 25: And how old are you? [01:56:09] Speaker 2: 34. [01:56:10] Speaker 25: I was going through those times. It's not an excuse. I'm offended. No. [01:56:17] Speaker 2: And let me just tell you something. Yes, ma'am. So obviously, if this were an actual child on the other end of the end of the line, you were trying to take advantage of them, right? And I'm just telling you, you cannot build your happiness off somebody else's misery. And if that were a child, and if you were to actually have met that child, you understand? All right. The court is going to find you guilty, sentence you to three years in the prison. There's a thousand dollar fine. Chapter 62 compliance. There's to be no residing in households with minors and no unsupervised contact with minors. Did you review the document entitled Trial Court Certification of Defendants' Rights to Appeal with your attorney? Yes, ma'am. Did you understand it and sign it? Yes, ma'am. Because it's a plea bargain agreement, because I followed your plea bargain agreement, and because you waived your right to appeal, you do not have the court's permission to appeal 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 that is, you'll need to speak to an attorney. Do you understand? [01:57:21] Speaker ?: Yes, ma'am. [01:57:21] Speaker 2: All right. Good luck to you. Thank you, ma'am. Thank you. [01:57:25] Speaker ?: Thank you. [01:57:25] Speaker 2: Thank you. if somebody says yes, a hundred percent, that means they're telling the truth. If you ever watch Maury Povich, you know, when they're saying you're not the father, whenever somebody says I'm a thousand percent sure, anytime they go over a hundred percent, you know, it's not true. So he really meant that when he said a hundred percent satisfied. All right. Thank you. Oh, thank you. You too. All right. So you all agreed on an amount, $3,700? Yes, Your Honor. That's what the victim, [01:58:02] Speaker 15: there's a document in there that came from Target because that's occurred at Target where he was employed. There's a document in there from Target where they, I guess, interviewed the defendant about the items he stole and he admitted to the amount specifically that's requested by the state. [01:58:21] Speaker 2: All right. So when are you going to pay for this? I can pay payments over time, Your Honor. So when you say you can pay for this over time, how much are you talking about per month? I can pay $500 per month. All right. So can you pay $500 per month? Are you just telling me what [01:58:46] Speaker 13: I want to hear? No, yes, Your Honor. I can pay $500. Do you have employment? Yes, ma'am. Yes, ma'am. [01:58:52] Speaker 2: All right. All right. Port is calling 2025 CR 003791 state versus Andrew Xavier Crawford. Can I have parties announced for the record, Melissa Albin for the state? All right. Port is calling 2025 CR 003791 state versus Andrew Xavier Crawford. Can I have parties announced for the record? Melissa Albin for the state. Okay, thank you for Mr. Crawford. And are you Mr. Crawford? Yes, ma'am. All right. You ended a plea of no contest on September 16th. And according to this, he was to pay $500 already. So has he paid $500? No, ma'am. He's not been able to do that. Why not? [01:59:39] Speaker 22: I get paid for my employment tomorrow. And I was going to have the money today. But why sometimes my check comes early, but it's not like always the same, like, you know, at the same time. And I get paid so much. I was going to have [02:00:00] Speaker 2: you're going to have the money today. [02:00:02] Speaker 15: Yes, ma'am. He said that he would have the money today or by now. And he hasn't. So obviously that raises concerns. [02:00:11] Speaker 2: All right. So here's the issue for the court. The issue is that this was set on September 16th. You entered a plea and the court, you said you would pay $500 by the next setting. Yes, ma'am. So here we are in December. Yes, ma'am. So when are you going to have the $500? I can have it tomorrow. I can bring in money today. All right. Your bondsman did an affidavit to surrender surety. So what I'll do is I will, how do you, how are you paid? No, I mean, do they, are they doing those things where they give you a credit card or direct deposit? Yes, ma'am. Yes, ma'am. All right. What I'm going to do is I'm going to send it to you today and I'm going to order that $500 be paid towards restitution tomorrow. If it is not paid, a motion to revoke will be filed. Do you understand? Yes, ma'am. All right. All right. State, you may be excused. Are you Xavier Crawford? Yes, ma'am. Can you raise your right hand for me? Yes, ma'am. Yes. All right. Do you solemnly swear or affirm the testimony you give will be the truth that nothing but the truth will help you God? Yes, ma'am. All right. So what do you do for a living? [02:01:33] Speaker 22: I work at BJ's. [02:01:34] Speaker 2: Okay. And do you have any children? No. Do you have family support? Yes, ma'am. And who is your family support? My mom. [02:01:43] Speaker 22: Right. Do you live with them? [02:01:44] Speaker 2: Yes, ma'am. All right. All right. This is what the court is going to do. All right. Yahya. Yes, ma'am. This is a motion to revoke. Okay. Oh, that's okay. I'm going to white it out. All right. And have you had any type of mental health issues in the past? All right. The court is going to sentence you to five years deferred adjudication. Just one moment. All right. The court is going to sentence you to five years deferred adjudication. There's to be regular reporting by Zoom or in person, regular random UAs, proof of employment within 40 days, no employment as a home health care provider or with minors. There's to be restitution to target in the amount of $3,746.99. And I don't know how he's going to pay the 99 cents because they're doing away with the penny. So $500 to target that needs to be in a money order or cashier's check is due on December 16th, 2025. There's to be 200 hours, community service restitution. Why is there a request for healthy relationships? [02:03:38] Speaker 16: All right. [02:03:55] Speaker 2: So there's to be 100, 200 hours, community service restitution. 100 hours will be deemed satisfied upon completion of the healthy relationships course, which I'm ordering. The remaining 100 hours will be deemed satisfied upon the completion of the anti-theft course, which I am ordering. And have you had any type of mental health issues in the past? All right. There's to be no contact with target. That's any target. So don't go to any target. Or Makayla P-E-A-N, P-E-A-N. There should be field visits one time per month for six months. With regards to a case to be taken in consideration, it's not in your plea bargain agreement. [02:04:54] Speaker 27: That's what I'm saying. It must be. [02:04:56] Speaker 2: I mean, it's not listed. State, is there something that's being taken in consideration? Okay. [02:05:01] Speaker ?: I can provide you with a case number. [02:05:03] Speaker 27: Well, no, no, no. [02:05:07] Speaker 2: I'm just saying what your plea bargain agreement is with this court. There's no TIC. If the state is saying there's a TIC, then the court will, of course, follow that. But that's not in the plea bargain agreement. Probation, is there anything else that's needed? Is there anything else you need from the court in order to be successful? [02:05:27] Speaker 27: He has a setting on the, a setting just to meet him today. [02:05:33] Speaker 2: All right. And could somebody look and find out, is he taken into custody because the bondsman did an affidavit to surrender surety for this case? [02:05:42] Speaker 8: He was supposed to come to sextancy in October, October 24th. And then the affidavit of surety was followed. [02:05:49] Speaker 2: Okay. [02:05:50] Speaker 8: He failed to appear in the point. [02:05:53] Speaker 2: Ah, and I issued a judge's warrant and remanded with you without bond on October 23rd. Why did you not appear? [02:05:59] Speaker 22: Because I had an accident. [02:06:01] Speaker 2: Because what? [02:06:02] Speaker 22: Because I had an accident in the morning. [02:06:04] Speaker 2: An accident what? [02:06:05] Speaker 22: An accident in the morning. [02:06:07] Speaker 2: What type of accident was that? [02:06:08] Speaker 22: I was taking my brother to school in the morning for my apartment and I got rebranded. [02:06:14] Speaker 2: And did you inform your attorney of that? [02:06:17] Speaker 22: Like, hours later. [02:06:20] Speaker 2: The court didn't receive notice of that because if the court would have received notice of that, the court would have recalled the warrant. [02:06:27] Speaker 13: Yes, sir. [02:06:28] Speaker 2: So what information did you tender? Judge, you called me. I appeared. [02:06:33] Speaker 27: I notified you. You asked me where he was and some other questions. And I tried to obtain information from the clinic. And the clinic sent me the document that I could not open. So. And then normally indicated that she would just reset the case. Normally what? The coordinator indicated that she would reset the case to a different date. [02:07:03] Speaker 8: I usually have request information. [02:07:10] Speaker 27: Right. And we did furnish a request from the clinic to excuse him from the court. And I believe you indicated to the coordinator if that wasn't sufficient. So I tried to get something. [02:07:25] Speaker 2: Yeah, I mean, in this court, if somebody says they've been in an accident, they need to provide documentation. So my question is, was documentation ever provided to the court? [02:07:34] Speaker 27: Beyond what I just described the request from the clinic. No. All right. So, yes. [02:07:44] Speaker 15: I just want to let the court know that he does have a misdemeanor harassment case. And as part of the agreement that Megan made defense counsel, it's to be judgment satisfied, not TIC. [02:07:54] Speaker ?: All right. [02:08:01] Speaker 2: Did you review the document entitled trial court certification of defendant's rights to appeal with your attorney? Did you understand it and sign it? Yes. Because this is 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, counsel? [02:08:19] Speaker ?: Oops. [02:08:20] Speaker 2: Sorry. Sorry. All right. So the court will recall the warrant since this case is closed. And I'm only recalling the warrant for cost number 2025 CR 003791. So if he has a warrant elsewhere, he needs to take care of that. All right. Good luck to you. Thank you, Judge. And you need to have that paid. Otherwise, a motion to revoke is going to be filed. [02:08:48] Speaker 22: Yes, ma'am. What do I mean? [02:08:50] Speaker 2: What do I mean? You'll speak to probation and I'll let you know. Thank you. Thank you. You're welcome. Who's next? Page six. First one. Arnold Cabana. Why are you threatening to send out videos? All right. So it appears that she doesn't want you anymore. [02:09:06] Speaker 28: Judge, there is a gentleman here from Wisconsin. Sorry. There's a gentleman here from Wisconsin. He's seen 400 of your episode and he wanted to personally meet you. He told the bailiff and he came in. He's here visiting. Percy. [02:09:24] Speaker 25: Mr. Cook, can you stand up, please? Hi, Mr. Cook. Are you Mr. Cook? Yes. Hi, Mr. Cook. I'll come out and meet you in a little bit. [02:09:30] Speaker 27: Okay? [02:09:31] Speaker 2: After I call the docket. Thank you. [02:09:33] Speaker ?: All right. [02:09:34] Speaker 2: Welcome from Wisconsin. Thank you. [02:09:36] Speaker 17: Yes. [02:09:37] Speaker 2: You're a celebrity now, Judge. Ah. No, I'm just doing my job. He says he likes your temperament. Nice. All right. So everyone, please pay close attention. Please pay close attention. [02:09:47] Speaker 28: Yes. All right. Yes. Hi, Mr. Cook. [02:09:51] Speaker 2: I'll come out and meet you in a little bit. Okay? [02:09:53] Speaker 28: Okay. After I call the docket. [02:09:55] Speaker ?: Thank you. All right. [02:09:57] Speaker 2: Welcome from Wisconsin. Thank you. [02:09:59] Speaker ?: Yes. [02:10:00] Speaker 25: You're a celebrity now, Judge. Ah. [02:10:02] Speaker 2: No, I'm just doing my job. He says he likes your temperament. [02:10:04] Speaker ?: Nice. [02:10:05] Speaker 2: Please pay close attention. One, the van or bus, whatever you want to call it, that is, brings inmates over, needs to be looked at by a mechanic, or is a new one needed? Do we need to take up a collection to get a new bus? So it's broken down. Now what does that mean? That means you're going to have to have some extra patients in your pocket. Don't get upset with the deputies if your inmate is not here because the bus is broken down. So they can only bring 10 people over from the jail at a time. Now why didn't the city design downtown where the, the jail is next to the courthouses? We may never know if somebody wants to do some research, we have some interns here. Uh, if y'all want to do research on that, you can to find out why that happened. So you need to be patient and remember this is Christmas season. So Santa knows when you're sleeping, he knows when you've been good or bad, so be good for goodness sake. So let's not get upset with the deputies because they only have what they have. And if you have a client who's admin sec, they have to bring them up separate from everyone else. Okay. So, you know, I love Mac ribs, but I haven't had a Mac rib in like two years. We were here late in court and Megan tells me, but Sean tells me, you know, the Mac rib is at, uh, you know, McDonald's is out. So I'm driving home on my way home. I stop at McDonald's it's rain and I go through the line. I asked for the Mac rib and they say, we're out. Okay. Now mind you, that should have been that. I should have been able to call my sponsors and say, Hey, help me out. No. They're like, Oh, you can do it. I go to the next McDonald's. They have my Mac ribs. So that was my dinner last night and I had no help. You don't want to tell me, don't do it. [02:12:21] Speaker 23: Judge. You mentioned Christmas. I already know what I'm giving my wife for Christmas. What? Second chance. [02:12:28] Speaker 2: You're so hilarious. All right. Everyone. I'm going to call the docket. When I call the docket, you need to stand and let me know you're here. Otherwise I'm going to assume you're not here and a warrant may be issued for your arrest. But for Mr. Carter, if you could state your name, please. [02:12:45] Speaker 29: Kyle Simpson. [02:12:46] Speaker 2: All right. Both parties. I'm sorry. Defense counsels. Have you received discovery from the state? And did you review it with your client? We have your honor. And we did. All right. Court will find that state is in compliance with discovery. Mr. Carter. Did you review the application for deferred adjudication with your attorney? Did you understand it and sign it? [02:13:06] Speaker 22: Yes, ma'am. [02:13:07] Speaker 2: Did you review the true bill of indictment with your attorney? [02:13:09] Speaker 22: Yes, ma'am. [02:13:10] Speaker 2: Did you understand it? Yes, ma'am. Councils, do you waive the reading of the indictment? We do. Did you review the court admonishments with your attorney? Did you understand it and sign it in all the appropriate places? You're charged with the offense of publishing or threatening to publish intimate visual material as a state jail felony range of punishment is anywhere from 180 days up to two years in the state jail facility and up to $10,000 fine. If you have a plea with the state, the court does not have to follow your plea. If for any reason the court does not follow your plea and gives you more than you bargained for, the fact that you entered a plea will not be used against you, and you will be allowed to withdraw your plea. Did you understand? Yes, ma'am. 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 plea, you're giving up those rights. Did you intend to give up those rights and enter into a plea in this case? [02:14:07] Speaker ?: Okay. [02:14:08] Speaker 2: All right. Why is everybody whispering today? All right. That's okay. It's like people are whispering for some reason. I can't hear. Court reporters having a hard time hearing. Did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call and the right to remain silent? Yes ma'am. All right. Did you understand if the court were to grant your application for deferred adjudication, if for any reason your deferred adjudication were revoked, the court could find you guilty and sentence you up to two two years in the state jail facility and up to $10,000 fine? [02:14:39] Speaker 22: Yes ma'am. [02:14:40] Speaker 2: Counsels, has your client been able to provide you with any defenses? Yes your honor. Yes your honor. Do you believe he has a rational as well as a factual understanding of the charges against him? I do. [02:14:50] Speaker 29: He does. [02:14:51] Speaker 2: Do you believe he's currently competent and was legally sane at the time of the offense? Yes your honor. Yes your honor. Mr. Carter, has anyone threatened you coerced? Do you replace you in fear to get you to enter the plea? [02:15:02] Speaker 9: No ma'am. [02:15:03] Speaker 2: Anyone promise you anything other than the plea? [02:15:05] Speaker 9: No ma'am. [02:15:06] Speaker 2: Are you satisfied with the way you've been represented? [02:15:08] Speaker 16: Yes ma'am. [02:15:09] Speaker 2: If you're not a U.S. citizen, by entering this plea you will be deported, denied naturalization and re-entry. Did you understand? [02:15:15] Speaker 30: Yes ma'am. [02:15:16] Speaker 2: Court will find that defendant has knowingly and voluntarily waived his right to jury trial. Did you review the plea bargain page with your attorney? Did you understand it? [02:15:23] Speaker 22: Yes ma'am. [02:15:24] Speaker 2: According to the plea there's a $2,000 fine and the state recommends deferred adjudication. Did you understand that to be your plea? Yes ma'am. Defense is that the plea? It is. State is that the plea? Yes judge. Did you review the waiver of appeal paragraph with your attorney? Did you understand it? Yes ma'am. Just for a moment. Did you understand it and sign it in both places? Yes ma'am. Did you understand by signing that you're waiving your right to appeal the only items that can be appealed of written pretrial motions that have been filed, heard, and ruled upon by the court? Did you understand? Yes ma'am. Counselor, there have been any such motions? No. Outside the agreement. Thank you. Outside the agreement, the state is recommending that your deferred adjudication be for a term of two years. There'll be 100 hours community service restitution, tap evaluation. The state has put zero tolerance. I don't do zero tolerance. You know, either you've violated your probation or you didn't and then I make decisions on that. A mental health evaluation, parenting classes, anger management class, bib class, no harm for or injurious contact with the complainant. Did you understand that to be your plea? [02:16:31] Speaker 13: Yes ma'am. [02:16:32] Speaker 2: Defense, is that the plea? [02:16:33] Speaker ?: Yes. Defense, is that the plea? [02:16:35] Speaker 2: Yes. Defense, is that the plea? Yes, Your Honor. State, is that the plea? Yes, Judge. I'm sorry, not the plea. Did you understand that those recommendations are recommendations from the state and the court does not have to follow those recommendations? And those are the recommendations that the court previously read, which is the state is recommending two years, so I don't have to give you two years, I can give you more than two years. A hundred hours of community service restitution, I can give you more than that. The mental health evaluation, parenting classes, anger management class, bib class, and the no harm for or injurious contact. You understand that? Yes ma'am. Then to the offense's charge, how do you plea? Guilty, not guilty, or no contest. State, any evidence? [02:17:23] Speaker 30: State offers state exhibit one and attachments, not objection. All right. [02:17:27] Speaker 2: No objection. Thank you. And State, have you spoken with the complainant? [02:17:30] Speaker 30: Yes, Judge, and she's here today. All right. [02:17:33] Speaker 2: Mr. Carter, did you review the waiver and stipulations of testimony 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. [02:17:50] Speaker 9: Yes ma'am. [02:17:51] Speaker 2: 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? [02:17:59] Speaker 9: Yes ma'am. [02:18:00] Speaker 2: The court will find that defendant has knowingly and voluntarily waived and consented to stipulation of testimony and stipulations. The court will accept into evidence states exhibits one and attachments and review the same. All right. After reviewing states exhibits one and attachments, the court will find there is sufficient evidence to find new guilt to the court with the first finding of guilt as you've applied for deferred adjudication. Are you proceeding with sentencing? [02:18:21] Speaker ?: Yes, Your Honor. [02:18:22] Speaker 31: Yes, Your Honor. We'll waive PSI. All right. Anything you wish to say on behalf of your client? Yes, Your Honor. So this, the offense has charged, right? Whenever you see that offense on paper, you know, it gives a certain impression. Our client was in the throes of custody issues. He understands that he made the wrong decision to take his anger out in that way rather than, you know, addressing it in a healthy manner. Mr. Carter volunteers as a football coach at a local high school. He is a former NFL player, and he is giving his talents and giving back to the community in that way. He is fully committed to continuing that path. He is fully committed to, um, working on himself, and this, uh, incident does not define him. He is remorseful and he's ready to change under your supervision. [02:19:17] Speaker 2: All right. Why is there a request for BIPP? I'm sorry, you're not the attorney on this, but I mean, was there, I understand that this is seen as a form of abuse, but isn't BIPP for physical battery? [02:19:34] Speaker 30: Yes, Judge, and I can just imagine because it's, it's someone who was a, uh, spouse of his and someone, this is not just some random person. And so, um, I mean, I'm not going to order that. I, how old are you? [02:19:46] Speaker 2: 46. [02:19:47] Speaker 30: All right. [02:19:48] Speaker 2: Why, why are you threatening to send out videos? [02:19:53] Speaker 13: I made a mistake on it. No, you didn't make a mistake. [02:19:55] Speaker 2: You made a choice. I made a choice. [02:19:57] Speaker 13: I made a bad choice. You know, I didn't think why I could get the action. [02:20:01] Speaker 2: Like why, and why were you knocking on her door or knocking on her window? What were you expecting? [02:20:08] Speaker 16: Talk, talk about my, talk about my daughter, but it didn't, it didn't help at all. [02:20:13] Speaker 2: Well, what time did you go to talk about your daughter? What time was it? [02:20:16] Speaker 16: Uh, late. Late. [02:20:19] Speaker 2: What does late mean? That's the best time. [02:20:21] Speaker 16: 10 o'clock. I think. [02:20:23] Speaker 2: All right. Nobody's knocking on somebody's door at 10 PM to talk about their daughter or talk about their child. They're usually there for something. Yes. Did you call her? And I see you called her and she blocked you. Yes, ma'am. All right. So it appears that she doesn't want you anymore. I don't know why people can't accept that. And it's not like you're a teenager, even teenagers. When somebody doesn't want you anymore, you can move on. As my grandmother would say, cry on the inside. Don't let that person know they've broken your heart and just move on. I understand why you don't understand that. [02:20:58] Speaker 29: If I may, I think context matters here. Oh, my, my understanding is that the complaining witness was withholding visitation from my client and had no, no way to do it. A custody suit has ensued and they're working that out. But during that time they were breaking up. [02:21:14] Speaker 2: So why would he go over house after 10? Why not go over there at lunchtime? Why not go over there during, you know, daylight time? [02:21:22] Speaker 31: I think he was frantic, your honor. Um, and, and he understands, right? [02:21:28] Speaker 2: I want to find out if he was frantic. He hasn't told me anything. [02:21:33] Speaker 25: No, but I mean, why go to her place at 10? [02:21:39] Speaker 2: And the reason why I'm asking you these questions. It's so I can determine whether or not all of these extra conditions that the state is asking, whether or not that's appropriate. [02:21:50] Speaker 16: Cause at the time I was allowed to come over there anytime I was for serious. And I thought. [02:21:54] Speaker 2: What do you mean you were allowed to come over at any time? [02:21:57] Speaker 25: No, cause I, I used to go over there. Like to see my daughter, I leave to go home by eight before she go put in the bed. [02:22:03] Speaker 13: And then all of a sudden she got mad at me. [02:22:05] Speaker 22: And then she brought me and I was just talking to her and I just went over there and I should have went over there. So what family members do you have in San Antonio? [02:22:23] Speaker 29: I moved out here just for my daughter. To co-parents? To co-parents. From Alabama. [02:22:29] Speaker 13: We were trying to get together. I bought a house here and they're not together. So how do you all discuss childcare issues? [02:22:43] Speaker 2: What is happening with that? Is it through the app? [02:22:47] Speaker 13: Right now we've been talking to each other on the phone and my daughter got a watch. And I've been hanging out with her when she's like, she allowed me to see her. Take her to eat. We're going to see the light show tonight. [02:22:58] Speaker 29: So what have I been contacting? With the complainant and the daughter. Right. So they're amicable. Well, here's the thing. [02:23:07] Speaker 2: People hang out with each other and then they think things are great. And then maybe they'll decide that they're going to get back together. You shouldn't do that because whatever issues y'all had previously, the same issues are there. [02:23:20] Speaker 29: Judge, he also has a daughter of at 17 that is in the state championship as a wrestler. As a wrestler in Alabama, she's already not committed, but she's been offered a full ride to the Naval Academy. So we'd ask that he be able to travel freely between Alabama. And I guess not plus. Should that be where she commits? [02:23:43] Speaker 2: All right. So what I can tell parties, I don't know why people get in relationships and then they have this issue with the children or people are not letting people see each other, not letting people see their children. But this is what I can tell you. When a relationship is over, it's over. Don't try to get back in that relationship. You and the complainant are supposed to be adults and everybody's supposed to be putting their children first. Yes, ma'am. [02:24:10] Speaker 25: Yes, ma'am. [02:24:11] Speaker 2: And when people hurt the mother of their child, the father of their child, just being petty, then you're hurting the child. Do you understand? [02:24:21] Speaker 16: Yes, ma'am. I understand. [02:24:23] Speaker 2: And I can tell you until things were explained to me, I was close to giving you jail time as a condition, but now I'm able to see everything and the state was not asking for jail time as a condition. [02:24:37] Speaker 29: So again, context planning witness and my client went to the same school, Troy University, Alabama, and she played football for the school and she was an athletic trainer, right? Yeah, I've been on a lot. So it's been on and off relationship for 20 some odd years. Is that right? [02:24:56] Speaker ?: For six years. [02:24:57] Speaker 29: It was a lot. Then the baby came along and she had to do the right thing and moved to Texas to co-parent and things happen. All righty. [02:25:07] Speaker 2: This is what the court is going to do. The court is going to sentence you to two years deferred adjudication. There has to be regular reporting by Zoom or in person, regular random UAs, proof of employment within 45 days. There has to be no employment as a home health care provider or with minors. There has to be 100 hours of community service restitution. Ms. Abrams, if you verify that he's actually coaching, that can count towards his community service hours. Field visits one time per month for three months. If you verify that he's actually coaching, that can count towards his community service hours. Field visits one time per month for three months. If you verify that he's actually coaching, that can count towards his community service hours. If you verify that he's actually coaching, that can count towards his community service hours. Field visits one time per month for three months. Field visits one time per month for three months. Field visits one time per month for three months. Field visits one time per month for three months. Field visits one time per month for three months. Field visits one time per month for three months. [02:26:08] Speaker 30: Field visits one time per month for three months. Field visits one time per month for three months. Field visits one time per month for three months. Field visits one time per month for three months. Field visits one time per month for three months. [02:26:13] Speaker ?: Field visits one time per month for three months. Field visits one time per month for three months. [02:26:15] Speaker 30: Field visits one time per month for three months. [02:26:16] Speaker 29: Field visits one time per month for three months. Field visits one time per month for three months. Field visits one time per month for three months. Field visits one time per month for three months. Field visits one time per month for three months. Field visits one time per month for three months. Field visits one time per month for three months. [02:26:23] Speaker 2: Field visits one time per month for three months. Field visits one time per month for three months. [02:26:25] Speaker 29: Field visits one time per month for three months. [02:26:26] Speaker 2: Field visits one time per month for three months. Field visits one time per month for three months. Field visits one time per month for three months. Field visits one time per month for three months. Field visits one time per month for three months. Field visits one time per month for three months. Field visits one time per month for three months. Field visits one time per month for three months. [02:26:34] Speaker ?: Field visits one time per month for three months. Field visits one time per month for three months. Field visits one time per month for three months. Field visits one time per month for three months. [02:26:38] Speaker 2: and the court will require an anger management class and I require parenting class probation is there anything else oh I'm sorry I wrote it in but I didn't say it no harm for injurious contact with the complainant all right is there anything else that you need from the court to be successful all right did you review the document entitled trial court certification of defendants rights to appeal with your attorney did you understand it and sign it all right 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 yes ma'am all right if you complete everything uh early the [02:27:40] Speaker 29: court will consider early termination and judge I may have not audit but did you allow travel [02:27:46] Speaker 2: ah miss uh Abrams he's allowed to travel to um events with his other daughter so he's allowed to travel to out of state because maybe they're going to hit maybe they're going to go to another wrestling tournament [02:28:06] Speaker 31: other than Alabama and would he is that just particularly to his daughter your honor or can it be also he has an elderly mother because that lives in Alabama he helps care for he's the only [02:28:18] Speaker 2: child that can care for her all right you all will just need to approach on that your attorneys will need to turn that over to probation okay thank you okay thank you all right uh vashaun just go ahead and say um he's allowed to travel out of state uh for his child and also for his mother and there's to be uh ua upon return so that'll be a ua within 24 hours so if you leave uh and you come back it'll be the ua the next business day and you can either do uas or either you can do the patch the patch costs more but with the patch probation will just put a patch on you you don't take it off don't tamper with it because that'll be a violation of your probation they will pull it off and then they'll test it all right did you review the trial court cert again did you review the trial court certification of defendants rights to appeal with your attorney did you understand it and sign it yes ma'am all right because this plea bargain agreement because i followed your plea bargain agreement and because you waived your right to appeal you do not have the court's permission to appeal do you understand yes ma'am all right we're off the records they're saying they have a victim impact basically what ends up happening is the complainant speaks to you i require that everyone is respectful to each other and usually the complainant will tell you their feelings on this offense do you understand this one great thank you [02:29:42] Speaker 32: marissa jarenko from mr garza good morning good morning happy belated birthday oh it's not belated [02:29:48] Speaker 2: i celebrate the entire month there you go and so this is the court reporter i did already tell her yes happy birthday all right so we are here you filed a motion to modify bond conditions and counsel miss pratt is still listed as the [02:30:07] Speaker 32: attorney is she remaining on this case no judge we talked about that and you signed the motion to [02:30:12] Speaker 2: withdraw last time i was here okay i don't know why it continues to show her i don't know could you all look and make sure that she's listed as the attorney on this case please i think i have been call [02:30:22] Speaker 32: yeah i have been on it the whole time but i was under miss pratt's firm originally and now it's my firm yes [02:30:28] Speaker 2: all right so we are here on a motion to modify bond conditions have parties had a chance to confer yes sir is there an agreement no doubt all right uh defense do you have any witnesses yes yes may i call simon garza all right if you could raise your right hand for me please do you solemnly swear and affirm the testimony you give will be the truth and nothing but the truth so help you god yes all right you can lower your hand state your name for the record uh simon alexander carlson you may proceed thank you [02:30:58] Speaker 32: judge simon how old are you i'm 22. okay um and do you have any educational background can you tell the judge [02:31:06] Speaker 16: um i'm at uh graduated medical assisting school uh as well as uh a certification okay and uh when did you graduate i graduated back in march i want to say i had completed my schools of 2025 of 2025 okay was that [02:31:27] Speaker 32: prior to this arrest yes i was prior to this arrest okay um and this arrest that we're here for you're here on a manslaughter charge um you're it's what what is it alleged to involve is it alleged to involve a traffic accident yes okay um and when is the alleged incident occur [02:31:49] Speaker 9: the alleged incident occurred uh somewhere in early october of 2023 or 22. okay so how long after the [02:31:59] Speaker 32: accident were you arrested uh about two years okay during those two years did you have to report to anyone no did you have to go to court at all you know did you have any monitoring whatsoever no okay all right besides this arrest have you ever been arrested in your entire life no okay um do you drink no i've never drink right i never planted okay is that a religious reason for you i guess okay and [02:32:26] Speaker 16: so alcohol was not a factor in this incident yes uh it was not okay yes okay um are you working right now uh yes where are you working uh right now i'm hoping to build the uh university hospital down okay what do you do helping to build the hospital so uh right now i'm doing work in the yard uh i'm following copper pipes and uh moving boxes filling up orders receiving orders okay um is it fair to say [02:32:55] Speaker 32: that you're not able to find a job in the field that you have a degree in yes and why is that um [02:33:03] Speaker 16: uh my case uh they when i apply they like to tell me to come back whenever things are finished and [02:33:13] Speaker 32: okay um and what hours are you working um in construction uh so right now i'm working from 7 a.m to 3 p.m okay um you are currently on partial health arrest with a gps monitor correct yes that's [02:33:28] Speaker 16: correct when did you get that put on i got that put on in january july of 2025 yes okay have you had [02:33:36] Speaker 32: any violations on gpf i have had no violations have you had any bond violations whatsoever no okay um and all right have you always shown up to court dates yes on time yes okay um do you have family [02:33:50] Speaker 9: here in san antonio yes who who all lives here in san antonio my mother when i uh [02:33:58] Speaker 16: five siblings my cousins and uncles okay what about you are you seeing anyone yes i'm currently engaged she also lives here in san antonio okay okay um now while you've had the gps monitor on has it caused you any problems at work um so i'm not able to wear steel toe boots or white steel toe boots and uh i've been you know running into things uh there are snakes on the property um would you say [02:34:32] Speaker 32: it's a safety hazard that you're not wearing the proper footwear due to the gps monitor [02:34:37] Speaker 16: that okay um has it affected your work hours at all it has i'm not able to get over time i have to leave um slightly early just so that i'm able to make it to my phone one time um okay so what do you mean slightly early what's your schedule so my schedule is from 7 a.m to 3 30 p.m but i have to leave uh at office okay in order to get home so you're not in violation yes so that i'm not in violation okay [02:35:08] Speaker 32: um the alleged victim in this case do you know his family at all do you have any contact with them no do you know where they live no you have no reason to contact them whatsoever no okay you also have a bond condition of no driving correct yes that's correct okay how do you get to work uh my father won't address me okay and how do you get to court every time you have a fork um i either [02:35:31] Speaker 16: have my uh fiancee or my mother taken okay so you are not driving in any capacity no no machinery at work [02:35:39] Speaker 32: no okay um the limit on your hours and not being able having to leave early or not being able to work overtime is that causing financial burden on you that it is [02:35:53] Speaker 16: house out can you explain it to the judge a little more so i'm not able to receive overtime because [02:35:58] Speaker 2: uh overtime is usually uh offered on the date of all right so here's here's my thing this is what i don't understand as a part of his conditions it's partial gps for work so if he's working till 10 pm that's fine because it's partial for work i don't understand this i can't work at you know until 3 30 because i need to be home by 3 30 that's not the court's orders the court's orders are partial gps for employment so if your work schedule is from 7 a.m to 3 30 p.m then you're allowed to say from 7 a.m to 3 30 p.m so i don't understand why my orders are not being followed [02:36:42] Speaker 32: sure um let me ask you this so how long do you have from leaving work to get home um i have until closer to be about one about an hour does it take you longer than that to make the [02:36:52] Speaker 16: drive um at 3 30 uh yes and is that due to traffic it's due to traffic okay and then do you have to [02:37:01] Speaker 32: get prior approval or tell your gps officer ahead of time what your hours are yes and is that why you can't work overtime because you don't find out until the day of yes who is your gps officer uh i believe [02:37:16] Speaker 2: it's alicia prior alicia prior yes uh miss ferguson yes can you see if alicia prior can zoom in all right [02:37:26] Speaker 32: you may continue i don't have any other questions just argument judge and no other witnesses all right any [02:37:32] Speaker 16: witnesses uh yes all right so mr gerza although you stated that you weren't arrested um between the time of the crash and when you were arrested for this offense you did receive the esteem ticket is that correct correct that it was two years uh i did okay um and then what kind of shoes are you wearing today [02:38:01] Speaker 9: uh today i'm wearing um dress shoes are they boots or they're uh lower cut boots okay uh so what type of [02:38:13] Speaker 16: work shoes are you saying that you need for order i need uh steel tokens okay and so what's the difference between kind of other than the steel tail aspect of it what's the difference between the steel toe boot [02:38:27] Speaker 9: and what you're wearing uh the steel toe boots have more cushion and they're a bit higher for more [02:38:33] Speaker 16: protection of the higher ankle okay um and so you're saying that they're higher or they go up higher on the ankle than what you're wearing today yes that's right okay and have you looked to see if there's anything available where the difference come up high on the ankle i have um there there are things but [02:38:54] Speaker 9: they're not uh as uh uh there's still right now i'm wearing uh not right now but for work i wear composito uh shoes but i'm receiving uh a lot of uh reprimand i guess you could say a lot of people calling me i would be saying that i'm not supposed to be wearing those shoes and that they're not the [02:39:17] Speaker 16: proper workplace but regarding the skill toes you're saying regarding skill toes how do you look to see if there are any available that have a lower cut on the ankle yes i have i have is there any available [02:39:32] Speaker 2: yes i have a promise um nothing for it all right we'll continue this hearing once miss prior zooms in okay thank you all right thank you all right we're back on the record in 2025 cr004128 state versus simon alexander garza if we're going to have parties re-announced for the record please marissa giovanko from mr garza and you're mr garza yeah that's right all right uh we have by zoom um officer prior officer prior could you unmute for me please ah deputy laura is the sound on [02:40:17] Speaker 4: yesterday all right could you say something for me please [02:40:20] Speaker 2: good morning your honor ah if you could speak up a little bit okay good morning your honor good morning all right so i'm calling you on the case of simon alexander garza do you have that pulled up yes ma'am yes ma'am so could you raise your right hand for me please if you suddenly swear or affirm the testimony you give will be the truth and nothing but the truth will help you god yes all right you can lower your hand if you'll state your name for the record alicia prior all right so this is going to be slightly different from a question and answer um situation i uh wanted you to zoom in because there's been testimony about his being allowed to work after hours and so i'm trying to figure out if there's an issue uh because sometimes he has to work overtime and his attorney has stated and he stated that there is a 30 minute window for him to return home after work but that sometimes he has to leave early because he won't make that window so i just wanted my orders to be clear and if there's some confusion we could clear it up so i'm ordering that he's allowed to work he's on partial gps so is there anything that i would need to put in my order for example he leaves work at three o'clock or five o'clock sometimes you run into traffic we have construction all over is there going to be an issue or do i need to put something in the order where you all can just track him and you can see that he didn't make any stops he's coming straight from work to home but maybe there's construction maybe there's traffic and he's not going to get back home you know within the 30 minutes allotment is that going to be an issue or [02:42:12] Speaker 33: is there something i need to order no ma'am we give an hour for travel or he has an hour hour of travel time so he's able to get home he needs to be home by 4 30 p.m that's what i currently have since he's [02:42:26] Speaker 2: scheduled to leave work at 3 30. all right so they're giving you an hour is an hour not enough time [02:42:31] Speaker 16: for you probably not one day that i did try to uh i'm sorry you're gonna have to speak up so she can hear so the day that i did try to leave work at 3 30 exactly um i ended up getting home at around 4 20 which is 10 minutes away from the that cutoff time and i didn't want to risk any like accidents maybe happening or construction or something all right so this is what i can tell you normally what ends up [02:43:01] Speaker 2: happening with with violations on pre-trial matters one it comes to me two i'm sure miss prior if you see that he's not home at his allotted time you're able to look and see that he's traveling on his way home and maybe there's some issue with traffic i could be wrong but i don't think they'll be filing a motion for me to review to uh as a violation report if you're 10 minutes late they will usually and correct me if i'm wrong if you're late they will look at the tracking and they will see and then it will come to me and say oh this person stopped at heb this person stopped at a club but that's when i'll get it you understand yeah is that correct miss officer prior yes your honor so we'll call the defendant [02:43:50] Speaker 33: um to see why he was late if it was due to traffic or if there is an issue with car whatever may have happened if there was an unauthorized stop then we would do a violation so they will call you so just be [02:44:04] Speaker 2: available for a phone call so there's not a problem with you working overtime you just need to let them know that you're working overtime and if from what i'm understanding from the witness is that if you're scheduled to leave at 3 30 but there's overtime work all you have to do is email or call them and say i'm still at work i've gotten overtime and then they will track you may i ask her a question [02:44:30] Speaker 32: judge sure miss prior as far as if he were to get a last minute same day overtime shift is he able to do [02:44:37] Speaker 33: that or is he supposed to be giving you advance notice it is supposed to be advanced notice um just because i'm personally in the office from the hours of eight to five so i could um put his schedule in the on-call officers wouldn't be aware because they don't have access to my email that he's requesting more time um to be at work so he would so if he's scheduled at that time for 3 30 p.m he has to be home by 4 30 [02:45:01] Speaker 2: um you wouldn't be able to do that day of overtime okay so here's my question do you work on weekends i currently don't all right so what you do is you send an email to them and the person who will be submitting the violation report would be you or would it be the person who's working at the desk [02:45:21] Speaker 33: uh for me yes sorry um for the violation can you re can you ask the question all right so if for some [02:45:28] Speaker 2: reason because you say you you're scheduled from nine to five if he works over would you be and you're not there and your email nobody is able to check your email would you be the person who would enter the violation report or would it be the person who's on duty no i would do the violation on return on business day all right so you just send her an email and let you know she you're at work according to gps she'll be able to look to see if you were actually at your location or not but if it's going to be overtime this is the court's order because i want people to work if it's going to be overtime you need to send them an email saying i'm still at work i'm going to be here over time she's just told you she would be the person who would enter the violation report not the person on duty and i'm making an assumption here and if the assumption is incorrect let me know my understanding is that even if it was somebody who was not your normal officer they would still call you and say hey where are you at that was a bad sentence i mean you know my everything my english professor would be horrible and upset with me for ending with a preposition so they will call you and say where is your location why are you not at your designated location miss dixon i apologize you taught me better and so did my mom so you just need to make sure that you're in contact with them and if you are have an extra ship just send them an email you understand are you able to do that all right so and just be available for phone calls so if something happens and you're supposed to be home at 4 30 or whatever it is she's already stated that they will call you and say why you're not at home and you can tell them you can look i'm stuck [02:47:18] Speaker 32: in traffic all right and judge can i still be heard on argument because that's not our issue no you can [02:47:24] Speaker 2: still be heard on argument but is there anything else from officer prior no judge uh state anything from [02:47:29] Speaker 33: officer prior no he's been really compliant judge i don't have anything else to say all right thank you [02:47:35] Speaker 2: so much and thank you for zooming in on such short notice i appreciate it thank you miss pratt yes ma'am [02:47:40] Speaker 32: you have a good day you too bye-bye yes thank you judge judge my argument is that mr garza is a young child he's a young kid he's 22. he is not someone who has a criminal history he is alleged to have committed basically what they're they're saying is a traffic accident this isn't someone who killed someone even in a manslaughter it wasn't an intentionally knowingly any any form or fashion this was a traffic accident allegation and there's no disputing that with the state okay so with regards to that [02:48:09] Speaker 2: i don't know if there's a dispute about that or not i don't have any facts if people want to call witnesses and place them under cross-examination for the facts of the case [02:48:32] Speaker 32: then that can be done yeah and judge mr garza did testify that this was a traffic accident do you want [02:48:37] Speaker 2: him to be cross-examined over the facts of the case no i mean no judge we've already passed and that was [02:48:43] Speaker 32: already done but he did testify it was a traffic accident i have not heard anything to dispute that um however the the purpose of gps is to stop people from hurting other people to stop people from committing additional crimes to protect victims the the protection from the community if i we want to argue for the state side is driving they're concerned about mr garza driving he testified he is not driving there is a condition of bond that he not drive the gps does not add any additional protections that it is intended for this is not a case for gps he has also been on gps since july of 2025 with zero violations and it is creating a safety hazard for him at work i believe we've solved the hour issues and i appreciate that judge but it is additionally causing a safety issue for him at work and it is unduly burdensome and not [02:49:37] Speaker 16: necessary in this case uh state good you believe it's our security testimony that in the two years that he was not indicted um we have a speed ticket and so i think from the state side it is necessary to monitor him for the safety of the community and so we'd ask that we keep it out of the order all right [02:49:59] Speaker 2: thank you all right the motion will be denied thank you thank you anyone else ready yes just we have um page mine first one down louie phillips so you just have cocaine in your car so if you were not using it then what the mother of child was then why was it in the vehicle all right well why is he hugged up like he's not going to see her after today [02:50:22] Speaker 29: i did not so i did not see them oh god so i can't i could see it without my glasses [02:50:31] Speaker 2: all right the court is calling 2025 cr zero one three four one two state versus uh joe gilbert martinez can i have parties announced megan galloway for the state christopher sin country for defense [02:50:43] Speaker 16: and are you mr martinez state are you proceeding on the indictment as presented no judge we are moving to proceed on the lesser included offense of attempted possession of a pg-1 less than one of them any [02:50:57] Speaker 2: objection objection what will find that defendant has knowingly and voluntarily waived his 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 lesser included offense they're asking that your sentence be assessed at one year in the bear county jail there's a 1500 fine no application for deferred adjudication and the state recommends community supervision did you understand that to be the plea yes defense is that the plea yes your honor state it is your honor did you review the waiver of appeal paragraph with your attorney did you understand it and sign it in both places by citing that you're waiving your right to appeal the only items that can be appealed are written pre-trial motions that have been filed heard and ruled upon by the court did you understand have there been any such motions outside the agreement the state is recommending that your community supervision be for a term of two years there be a tap evaluation 200 hours of community service restitution and the doep program did you understand those are recommendations from the state and the court does not have to follow those recommendations then to the less included offense how do you plea guilty not guilty or no contest after reviewing 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 anything you wish to say on behalf of your client we ask that you follow the pre-ordered agreement judge all right so who is brandy zavala the mother of your child and do you all live together does your child live with you yes and how old is your child one and a half all right so why are you doing cocaine and you got you have a child it was stupid well no these are not mistakes these are choices if you're drug tested today what is what is it going to tell me that's an odd turn of phrase what will it be just probably like drink i was drinking last night beer why would you do that knowing you have court well i didn't know i had [02:53:09] Speaker 34: court i just got my i just got the email so that's yeah no excuse so how often were you using cocaine [02:53:20] Speaker 2: so you just have cocaine in your car so if you were not using it then what the mother child was then why was it in the vehicle [02:53:32] Speaker 34: i made a mistake [02:53:35] Speaker 2: what okay since you want to use the word mistake what was the mistake of having it in my car having someone in my phone with it well no this according to this there's an odor of marijuana in the vehicle does your child ride in that vehicle so you have a separate vehicle for your child to write in one that does not smell of marijuana all right and then there's cocaine in the vehicle so it says that the other user of this vehicle is brandy zavala so who else are you allowing in the vehicle okay yeah all right so one i don't think you're going to be able to successfully complete probation so if you want i'll sentence you to one year in the bear county jail but if you do want probation i can tell you what's going to end up happening uh probation is going to be coming to your house on a regular basis checking because obviously child protective services is not involved in your life and they should be so how many children are in the household other than this one-year-old who can't protect themselves and tell their parents please you stink you smell of marijuana just much just my son and who else helps you all with the child take care all right and where do you work barber all right and does she work yes ma'am what does she do bill of work all right and does she smoke marijuana so why would she be with you all right this is what the court is going to do court is going to sentence you to one year in the bear county jail suspended and probated for two years do not come for me asking for early removal because it's not going to happen regular reporting by zoom or in person regular random uas proof of employment within 30 days no employment as a home health care provider or with minors probation i'm going to want random monthly field visits until further notice and please have someone check on the child there's going to be 200 hours of community service restitution i'm going to order parenting classes once that's completed i'm sorry parenting classes once that's completed a hundred hours can be deducted of the community service restitution i'm going to order the mrt once that's completed the remaining hundred hours will be deemed uh satisfied uh tap evaluation out of custody follow recommendations and i'm going to want 30 sober support meetings in 30 days uh probation is there anything else yes uh is there anything else you need from the court all right did you review the document entitled trial court certification of defendants rights to appeal with your attorney did you understand it and 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 all right we can go off the record here's the thing when you bring a child into this world the child doesn't get a chance to at least i don't think the child gets the chance to say you know what i don't want those two people to do my parents they don't have their life together give me the parents who have a stable employment stable housing not going to be surrounding me with the smell of marijuana they don't get to choose right so you have a child that child cannot fend for himself 100 dependent upon you and i guarantee you that the daycare can smell that your child smells like marijuana and if they smell that your child smells like marijuana and they haven't called child protective service or anything else that's not a good daycare center because that daycare center should be looking out for your child and when children are that age their brains are performing so would you give a child a marijuana cigarette to smoke well why not right when you're well when you smoke and your vehicle smell like marijuana and your clothes smell like marijuana you might as well be giving that child a marijuana cigarette to smoke so you need to get your life if you do not what's going to end up happening is you're looking at being at the bear county jail for a year right or either going to prison because you're possessing drugs you understand all right good luck to you