Judge West Had Enough of This Young Defendant's Attitude

[00:00:00] Speaker 1: All right, Mr. Hill, in each of your cases, I'm going to find that you enter your pleas of guilty freely and voluntarily. Find that you're mentally competent and you understand the nature and the consequences of your pleas. Find sufficient evidence in each case to find you guilty. However, I'm going to reset your cases so that the probation department can do a pre-sentence report. That will give me more information about you, your cases, and we'll come back at a later date for sentencing. Could I motion for a waiver? No, we're not going to. There's no waiver in a first degree felony of pre-sentence report. I'm going to get that report. I'm also not going to adjust your bond at this amount based on the nature of these offenses until I see what that report looks like. [00:00:45] Speaker 2: And your honor, I want to address something the court's going to see and going to ask me about in five or six weeks. His jail disciplinary history is about as bad as you'll see. That needs to be immediately addressed. I anticipate asking the court for some programs to address his behavior. I don't want to let the court know and let him know. He's threatening guards, spitting on guards, threatening to dash guards, dashing other inmates, literally climb the walls of the day room while they try to place them in restraints. [00:01:13] Speaker 1: Let me tell you something real quick, Mr. Hill, all right? And this isn't going to be some negotiation and talk back and forth. You need to listen very carefully to what I'm about to say. If you have another incident report between now and when you come back for sentencing, I am not required to accept this plea agreement. I don't have to. We can let a jury decide if they think of probation's what you need for an aggravated robbery and an aggravated assault. Because my guess is they might not. They might would just go ahead and send you to prison, especially because at a trial, they will see the same things that I see at sentencing, which is every one of those incident reports from the day you got in. That jury will see that. I will see that. [00:02:00] Dante Caddy: Excuse me, ma'am. They haven't given me an option to wait. [00:02:02] Speaker 1: What did I tell you? This isn't a -- we're not -- this isn't that -- those officers out there are doing their jobs. They're trying to go make a living and go home to their families. Hold on. I'm telling you right now. Stop talking. That's your second warning. I can reject these right now. We can set your trial. Is that what you want to happen? Then stop talking. I told you this today is just going to be a listening thing. I have a feeling that's part of your problem in jail. It's because you won't just sit and listen. You are there because of your actions. They are doing their jobs. Grow up because you're in big boy court. You're a grown man now for our purposes. And stop acting like a little heathen out in our jail. Or we will let a jury decide what to do with you. It's that simple. You can go back with the bailiff. Well, here we go again, I think. You're Dante Caddy? Mr. Caddy, you were previously in court and entered pleas of true to counts one, two, three, and four in a motion to revoke your unadjudicated probation. You're on probation for burglary of a habitation. It was a seven-year deferred probation. I have received the updated pre-sentence report. And has everyone had an opportunity to review that report? Yes, Your Honor. So there was no agreement reached. Ms. Holmes, you may proceed. [00:03:36] Dante Caddy: Thank you, Your Honor. I've discussed the MTRP with Mr. Caddy. He has played true to the violations involving the thefts that occurred at Target location in Port Arthur. Your Honor, Mr. Caddy has also had the opportunity in the past to successfully complete the ISF program. In 2023, he did complete, I believe, both tracks of ISF, which shows that he can make appropriate decisions and follow directions and complete tasks that are given to him. Within the last year, he obviously made bad decisions in which he committed these thefts at the Target location. Mr. Caddy is asking for another opportunity to be contained on probation. We do see that the recommendation from the department, it states that the replication is recommended. However, if the court elects to continue Mr. Caddy on probation, that he remain off the premises of Target and that this be reviewed in three months to monitor any progress. Your Honor, we are asking that he be given that opportunity to show that he can make progress. Since being placed on probation, he has gotten married. His wife is here today, as well as he does have his mother at this time is very sick and ill, and he does help to take care of members in the household. Your Honor, Mr. Caddy would also like to address the court as to this situation, but we are asking that he be provided the opportunity. We see that he obviously has been afforded an opportunity in the past with ISF, but we believe that if he's given the opportunity again, that he can get steered back on the right track to make more better and more positive decisions going forward with his life. Would you like to address that? [00:05:38] Speaker 4: Yes. Go ahead. Thank you. Thank you. I know I made a lot of mistakes, done mistakes, but I just ask that you please consider reinstatement. I have a lot of a lot of, I have a lot of people that, you know, willing to help me with jobs and stuff like that. Like I said, I do have a, my mom has a lot of stuff going on this evening. Today I'm, she's in surgery today and I just got a lot of, a lot of hurting us. [00:06:17] Speaker 1: So, Mr. Caddy, back when you got your original pre-sentence report in 2020, I'm looking back at that, and when they talked to you that day, there's a quotation from you. I'm trying to change my attitude and my drive to do better in life. I want to learn control, my anger, and patience. I think I will do good. I understand the do's and don'ts. Okay. So that was back in 2020. Then you, shortly after that, you quit reporting and you were gone for, I think it was like two years maybe. So we get you back after those two years in 2022 and you stood in front of me and I'm sure said, give me a chance, give me a chance. I'm going to do better. And I did. And I extended you, added some time on your probation and sent you to ISF to help you do those things that you said you wanted to do, make better decisions and do better decisions and do that. Send you to both tracks of ISF, which most people can't even do. They don't do that anymore. We have to pick one. So you got all the help you needed. Drugs for better decisions. Completed that April 14, 2023. And then in June of 2024, you pick up the two, well, June and then July, two new theft cases. Drugs after you've already been sent to ISF and given those opportunities after having been given the opportunity the first time to even get on probation. And then after you absconded for two years. Ms. Molfino, what's the state's position? You really haven't left me any choice. It makes no sense for me. We've given you chance after chance. And just saying that you want to do better is, you got to, your actions have to be better. And they haven't been. I'm going to find that you entered your pleas of true to counts one, two, three and four freely and voluntarily. Find those counts true. Find sufficient evidence to find you guilty and at this time find you guilty of burglary of habitation. I'm going to sentence you to a term of six years of the institutional division of the Texas Department of Corrections. You will receive credit on that sentence for any time that you've been in custody that the law gives you the right to receive. I'm handing you the trial court certification. This was marked off though that it was a plea bargain case. And so now I'm concerned again. Just hold on. Don't, don't. Just wait a minute. So, because I want to see. Double check that there's nothing. [00:09:18] Speaker 5: Okay. [00:09:21] Speaker 1: So there was a cap of four years. So I'm going to withdraw what I said about the six years. I'm going to sentence you to a term of four years in the institutional division of the Texas Department of Corrections. Mr. Caddy, you can tell from what I've said and what my sentence was that I don't think that's enough. I have the ability to not accept this plea agreement. I'm going to accept it. I don't like it, but I'm going to accept it today. Your attorney did one heck of a job by getting you that deal. I am going to hand you the trial court certification that shows this was an agreement that I followed. And so you've waived your right to appeal. I have also handed you a written admonishment regarding your ineligibility to possess a firearm or ammunition. Because of the judgment entered against you, you're ineligible under Texas law to possess a firearm or ammunition. Possession of a firearm or ammunition could lead to charges against you. Firearm is a legal term. You should read that written admonishment I provide you to see what devices qualify as a firearm. If you have questions about the laws that make you ineligible to possess a firearm or ammunition or about how long that lasts, you can talk to Ms. Holmes. I hope you take advantage of this shorter opportunity and get the help you need to get out and make better decisions. All right, you can go back with the bailiff. All right, sir, are you Christopher Curtis-Ray? And Mr. Ray, you were previously in court and entered a plea of guilty to forgery of a financial instrument. It was enhanced to a third degree felony. That was an open plea to the court. I have received the pre-sentence report. Has everyone had an opportunity to review that report? We have done. Are there any additions or corrections to the report? No, I'm okay. All right, Mr. Rojas, you may proceed. Thank you, [00:11:02] Speaker 6: Josh. Mr. Ray is here this morning asking for probation. I realized that the GSI, he realized that the PSI, according to the PSI, I believe his sixth felony. He's only had, with all scholars looking to me, like he's only had one term of probation. It was revoked back in 2000, I believe. That's the only term of probation he's ever had for the felony. I suspect just he was in jail and probably had time to serve on the other ones. Um, to his credit, even though he was not on probation, looks like during one of his, uh, terms in prison, he did some things to benefit himself. He successfully completed the safety program. He got his GED and I think at one point even, uh, he was sent to and successfully completed the ISF program. So he does have the ability, issue only ability to make progress. Uh, and again, it, he, he did the safety and the GED, uh, not as a condition of probation, something he did on his own while he was in prison to better himself. Uh, he's telling me that, uh, if he were to be granted probation, he's got a job. He's going to be able to go back to his previous job as an auto mechanic. Uh, the owner of the shop has reached out to him or told him that, uh, as soon as he gets released to go back, he still has a job there with him. Uh, he has, uh, he's the only caretaker for his elderly mother. His father died, I think five months ago, around five months ago. Uh, his mother is home living alone and, uh, he would be the only caretaker for her, uh, since the father has passed away. It looks to me like he also has a, uh, uh, uh, case out of Harris County who's currently on probation for it. I talked to him about that. He says he spoke with somebody from Harris County. They're not going to revoke him due, I think there was a felony that came up after that probation, but they're not going to revoke him based on that. So he still is on probation in Paris County. Uh, and according to this PSI, at least he's a low risk. Uh, this is where the case takes a serious turn. [00:13:09] Speaker 7: The defense is asking for probation, pointing to his job, family responsibilities, and a low risk assessment. But the prosecutor is about to remind the judge of something much harder to ignore his long history of fraud and repeat often center for reputation on the probation. [00:13:25] Speaker 6: So we're asking the court to consider all that and grant them a term for the public issue. [00:13:31] Speaker 1: All right. Thank you. Ms. Malfino? [00:13:33] Speaker 5: Judge, based upon my review of the underlying case in which he was attempting to pass a $20,000 forward check, um, which I assume had to be some kind of connection to the person at that business for him to get his hands off that check. Based upon that and his criminal history, I just can't in good faith, uh, agree with probation being satisfactory in this case. He's continued to commit the same type of offenses after this offense. And my read of it is that he's currently on parole, not on probation. And I feel like, uh, upwards of a five-year sentence is an appropriate judge. [00:14:09] Speaker 1: Well, it looks like he's, I think the way I read it, he's on parole and probation for two felony offenses that were committed after this one was committed and this one was committed after three felonies convictions. I mean, Mr. Ray, really, uh, what, what Mr. Rojas said about you going to safety in the past and and bettering yourself is great. And the fact that you went to ISF just in 2019 and that after that, I mean, it kind of totally just diffuses his whole argument and he's trying to pull out anything to help you and I appreciate he's doing that and you should too. But all it does is point out to me that you have all the tools and you continue to break the law and the same thing of forgeries and burglary and fraudulent use of possession. I mean, it's just stealing from people or places. And, um, I can't, I agree with Ms. Malfino. I can't in good faith put you on probation. It doesn't make any sense to me whatsoever. Um, I'm going to find that you entered your plea of guilty to forgery of a final financial instrument freely and voluntarily. Find sufficient evidence to find you guilty and at this time find you guilty of that. Sentence you to a term of five years in the institutional division of the Texas Department of Corrections. You do receive credit on that sentence for any time that you've been in custody that the law gives you the right to receive. This was not an agreement. I'm handing you the proper certification of your right to appeal. You do have some rights to appeal. You can talk to Mr. Rojas about that. I have also handed you a written admonishment regarding your ineligibility to possess a firearm or ammunition. Because of the judgment entered against you, you're ineligible under Texas law to possess a firearm or ammunition. Possession of a firearm or ammunition could lead to charges against you. Firearm is a legal term and you should read the written admonishment I provide you to see what devices qualify as a firearm. If you have questions about the laws that make you ineligible to possess a firearm or ammunition or about how long that lasts, you can talk to Mr. Rojas. If you'd like to, [00:16:15] Speaker 7: sir, you can go back with the bailiff. The judge wasn't convinced that more chances would change the outcome. Despite past rehabilitation programs and every opportunity to turn his life around, The repeated pattern of similar crimes led to a five-year prison sentence.