Judge SCOLDS RAMBLING Defendant at SENTENCING!

[00:00:00] Speaker 1: The prosecutor's sitting there thinking, I'd like to interject something here, but I've already had my turn to speak. So he's sitting there. Are you talking to him? Professionally. I'm talking to you. Okay, okay. Your defense attorney said his part, and when he finished, that was it. You said your part, and then I asked you, is there anything else you want to say? And then you rambled on for a while with your thoughts on that, everything from religion to what a good guy you are, and barely a little apology to two injured people. I didn't hurt you. That's a lie. It's full. Okay, now let me finish. Here's what you need to understand. You're done talking. [00:00:44] Charles Cole II: Okay. [00:00:45] Speaker 1: Now, if you want to test me on this, and I shouldn't say this, but if you want to test me on this, just open your mouth again when I'm talking and see what happens. Fair enough? I apologize. Okay. This is the state of Ohio v. Charles Cole II. Case number is 26CR-43342. Mr. Cole is present today with his attorney, Aaron Aldridge. The state is represented by Brian Goodyear. Is there a statement from the officer in the case, Mr. Goodyear? [00:01:19] Brian Goodyear: Judge, I did reach out and I've not received any information from him, but obviously you're aware of the facts and circumstances from his testimony. Yes. [00:01:30] Speaker 1: Yes. Anything from the state? [00:01:34] Brian Goodyear: Yes, Your Honor. Looking at the defendant's record, it looks like he has some history from a number of years ago, and then again, more recently, he's had a few charges, including, ultimately, the charge that led to him have contact with the police that day. I understand the court's decision regarding, and really what I think the focus of count one for the court was, what was his intent, whether it was something that he was trying to remove the gun intentionally or not. But there's no question that he grabbed the officer's gun, and I think that when you take that in conjunction with the fact that he injured both officers as a result, all he had to do was comply. That's it. The officer asked him to turn around, and whether his hands were up like this or however he did it, he immediately refused to comply. And one officer, both officers received minor injuries, received scrapes to their knees, but you know, Judge, one officer had his shoulders separated as a result of what the defendant did. So I think with the record that he has causing injury to two separate police officers as a result of this situation and creating a situation whether the court finds it intentional or not, grasping at the officer's firearm escalates that even further. So in those circumstances, Judge, it's my opinion that he should go to prison, and we'd ask you to sentence him to 12 months in prison on the obstructing charge. All right, thank you. [00:03:07] Speaker 1: Mr. Aldridge, anything on behalf of Mr. Cole? [00:03:10] Aaron Aldridge: The Honour, we're well aware the court is familiar with Mr. Cole even prior to this particular case. He does have a fairly lengthy history of struggling with mental illness. And I think the gap in his record indicates that for a very significant period of time, he was compliant with his medication, he was compliant with treatment, and he was doing fairly well in the community. Unfortunately, last year, I think that started slipping, and he started being not as compliant as he should have been, resulting in the current incident. His parents are here, I know that they want to see him get back into mental health treatment and maintain consistent medication treatment. I think that is what is best for him, is to get out of the jail so he can start healing and getting back on to a better situation with his mental health treatment. [00:04:11] Speaker 1: All right, Mr. Cole, is there anything you'd like to say? [00:04:15] Charles Cole II: Yeah, it's dangerous in there. The felony five on my indictment is directly connected to the F1, which I was found innocent of, okay? And beyond that, it's dangerous in there. Another guy come over, he's got a black eye he got like a couple days ago in there. I barely got out of like three altercations, but big young guys, man, I'm too old to be in there. I've been there five and a half months. The food is bad. I ain't even eating the food. I mean, it's dangerous in there. My fingernails, they won't give me a daggone, they won't let me clip my fingernails. I've asked repeatedly for fingernail clippers. I mean, what's that about, man, you know? So, I think I should be released today, actually. And, I mean, I got money if you want to. I would rather pay a fine and do extra time. I have some money and I would rather do that if there was any way. And as far as the medication goes, I've only been off the medication for maybe six months or something, you know? I went to, I had, Solutions was coming to my last apartment, and there should be a record of it. I stayed at the Harding House in Franklin, and I had a caseworker come over up until two or three months before I moved out. And she called me and told me they didn't have a car and the place burned down in Warren County. They had a fire at Solutions on Kingsview, and they didn't have a car, and she couldn't come see me no more. So, I got a letter in the mail that referred me to Butler, Cincinnati, Hamilton something. And I just never got a hold of them, and I ended up moving with them with mom and dad, and then this crap happened. I mean, you know? [00:06:00] Speaker 1: Okay, is that all you want to say? [00:06:05] Charles Cole II: Actually, I thought of some things I was going to say. [00:06:14] Speaker 1: I would think, even though he works midnights, and he's probably decided that sleep is more important. What is he? I said, I would think that you would at least acknowledge and offer some apology for what you did. [00:06:31] Charles Cole II: Yeah, I'm sorry I took dad's truck, and I'm sorry with the all. It went bad. You know, I was trying to get down. I'm trying to get down on the ground. They come at me, and it scared the crap out. And I backed up, and I tried to get down. They grabbed both arms and jerked me like this and threw me to the ground. I saw the video. I hit my head on the ground. And, I mean, I'm fine. Mentally, I'm fine. And physically, I'm fine. I got to chase because I'm nervous right now, you know? Okay. I was hungry and thirsty, and I borrowed dad's old rusty truck. I know he gets mad about it. He's a pretty controlling guy. He's all right. You know, I love dad. I drove his truck over to Speedway to get a hot dog and a fountain drink. Well, I got that, and I went back home, and he started yelling at me. I just, it was a bad day. Man, you know, I'm a good guy, and I didn't want to hurt dad. And I didn't hurt his truck. I brought it right back. I just went to get something to drink and something to eat. It was afternoon. I got up at 7 in the morning, and I was hungry and thirsty. The door was locked. They had went somewhere, and he left his truck at home alone. And I checked the door, and the door unlocked. The key was in. I said, I'll just run down to Speedway to get real quick. It's two miles away, man. Come right back with my hot dog and pop. I said, he started yelling, and I got mad and took off. And they got me at Thornton's here in Springboro. The officer got out, and I got out of the truck. I should have stayed in the truck, but I got out of the truck. Man, the two or three tackled me down, mashed my head into the ground. And I started yelling before they got to me. I yelled. I said, I'm down, I'm down. I put my hands out, and they tackled me down. I'm trying to tell you the truth. I shouldn't have took dad's truck, and I'm telling him I'm sorry. Okay, let me ask you this. I mean, that's the whole story, man. I mean, I'm not trying to make any trouble. I shouldn't have done it, but it was noon, and I was hungry and thirsty, man. I took off. That's it. I'm healthy, but it's dangerous over there. Man, I'm telling you, I'm not being treated fairly over there. I'm not a hardened criminal. This is a lie to make me look like I'm some kind of, I'm a nice guy, you know, but I'm a man, and I'll stand my ground if I'm right, and I think they're not right. I'm going to stand my ground. Well, that's where you make sure to stay. First man, the Bible, I'm the firstborn with my mother, which, I mean, there's thousands of them, but they're the sons and daughters of God, right? You're not a heathen, right? I mean, as far as heathen goes, I mean, usually people in the government judge is familiar with the Bible and the laws and that kind of stuff. Anyway, on the church, I am the firstborn mother, which makes me a member of the Godhead. Yeah, in the Bible, it's a, I'm not a heathen, so there you go, man, you know, and I'm not a Scientologist or anything like that. I'm a member of the church. I know what it means. I mean, God's real. God's real, and Christ is the master of the body of the church. It's all tied together. But anyway, you go ahead and judge me and say, do what you do, and I just told you the truth there, so. Okay, fair enough. Okay. [00:09:29] Speaker 1: So I've taken it into consideration, the statements of counsel here today. I've reviewed the competency evaluation as well as the NGRI evaluation, and I observe the evidence at trial. I also have some history with you, and I know that... [00:09:52] Charles Cole II: What are you disagreeing about? [00:09:55] Speaker 1: What is it? Okay, well, first of all, here's the way this works. The prosecutor's sitting there thinking, I'd like to interject something here, but I've already had my turn to speak, so he's sitting there... Are you talking to him? Professionally. I'm telling you, I'm talking to you. Okay, okay. Your defense attorney said his part, and when he finished, that was it. You said your part, and then I ask you, is there anything else you want to say? And then you rambled on for a while with your thoughts on that, everything from religion to what a good guy you are, and barely a little apology to two injured people. I didn't hurt him. That's a lie. It's a lie. It's a lie. It's false. I'm being false. [00:10:37] Charles Cole II: I'm being falsely accused of something. Okay. [00:10:39] Speaker 1: Here's what you need to understand. You're done talking. [00:10:43] Charles Cole II: Okay. [00:10:44] Speaker 1: Now, if you want to test me on this, and I shouldn't say this, but if you want to test me on this, just open your mouth again when I'm talking and see what happens. Fair enough? [00:10:55] Charles Cole II: I apologize. [00:10:55] Speaker ?: I apologize. [00:10:56] Speaker 1: Okay. I have some history with you. I've seen how you respond to sentences and treatment, and you really did well for a long time. You did well, and it seems to be the common denominator here is when you were taking your medication, and the problems arose when we relied on you to take your medication, so they switched to injectables. That way, you only got, what, one shot a month. I'm not asking you. I'm just saying you got periodic injectables, and you were great. You were no problem to anybody, and you were doing just exactly what you said. You were being a decent human being. So I am going to place you on community control, give you credit for the time you've served. That's 140 days. 140 days, and I'm going to order that you continue your treatment with Greater Cincinnati Behavioral Health. It used to be Solutions. They just changed the name, and I'm going to ask the prosecutor to put in the order that defendant has previously received injectable medication and has done very well. And it's the order of the court that the medications prescribed, in this case, be administered by injectables. And if they balk at that, then we'll address it at the time. But I'm not telling them what to give you. I'm just telling them how to give it to you. Okay. And if you don't agree with that, then you're going to be in violation of this court order. [00:12:53] Charles Cole II: Okay. Yeah, I'll go back to the shop. [00:12:55] Speaker 1: Okay. I'll get out today or... Well, as soon as we can get them up here to do that, or as soon as we can get you there to get you the injectable... [00:13:05] Charles Cole II: How long is that going to be? I mean, can I have a date? I mean, roundabout, because... No, wait. I mean, frankly, I don't trust anymore. I have a hard time trusting right now. Okay, I would say... Being locked in there is dangerous. [00:13:17] Speaker 1: I would say within the next couple of days, it should happen. [00:13:21] Charles Cole II: Okay. That works. [00:13:24] Speaker 1: Okay. Do you have any questions? No, sir. I sure don't. Okay. You have a right to appeal this sentence. You have 30 days from today to file a notice of appeal. If you cannot afford counsel, counsel will be appointed to represent you. I assume there's no restitution requested. Is that... That's correct, Judge. Okay. Is there anything else from the state? No, Your Honor. Mr. Aldridge? Nothing else, Your Honor. Again, I ask you if you had any questions. I'll ask you one more time. [00:13:54] Charles Cole II: No, I think I'm okay. [00:13:56] Speaker 1: Okay. Good luck. [00:13:57] Charles Cole II: Thank you, sir. It could be out so quickly. [00:13:59] Speaker ?: Thank you, sir.