Manipulative Defendant Pushes Judge Boyd Too Far, Instantly Regrets It

[00:00:00] Speaker 1: He wants to go to prison. No, no, no, no, that's okay. Nope, nope, nope, nope, nope. We're going to do prison time. [00:00:06] Speaker 2: Moses Martinez thought he could lie to police, play the victim, and still go home for the holidays. He was dead wrong. Facing a felony charge for his third drunk driving offense, which resulted in an accident and property damage, Martinez tries every trick in the book to avoid a jail cell. He even submits a photograph of his dead dog as a court exhibit, hoping to score some cheap sympathy. But Judge Boyd is having none of it. Watch closely for the moment his entitled demands push the judge to her limit, and how his stunning impatience ultimately seals his own fate. [00:00:46] Speaker 1: Mr. Martinez, did you review the document entitled True Bill of Indictment with your attorney? Yes. Did you understand it? [00:00:52] Speaker ?: Yes. [00:00:52] Speaker 1: Counsel, do you waive the reading of the indictment? [00:00:54] Speaker 3: We do. [00:00:55] Speaker 1: State, are you proceeding on the indictment as presented? [00:00:57] Speaker 3: Yes, your honor. Although there is one slight potential problem on the, on Stakes Exhibit 1 in the offense report, this gentleman is listed as Lorenzo Rivas Martinez. As far as I am able to discern, Lorenzo Rivas Martinez and Moses Martinez are the same person, and I would request defense to stipulate to that. We're good. [00:01:27] Speaker 1: All right. [00:01:28] Speaker 3: Thank you, your honor. You're welcome. [00:01:30] Speaker 1: Did you understand you're charged with Dragonwild Intoxicated 3rd or more, that's a 3rd degree felony, range of punishment is anywhere from 2 to 10 years in prison, and up to a $10,000 fine. Yes, ma'am. If you have a plea bargain agreement 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. Has anyone promised you anything other than the plea? [00:01:58] Speaker ?: No. [00:01:59] Speaker 1: Are you satisfied with the way you've been represented? [00:02:02] Speaker 4: I don't know if I have any more. The plea. [00:02:05] Speaker 1: No, that's either yes or no. [00:02:07] Speaker 4: No. I mean, yes. [00:02:09] Speaker 1: All right. Court will find that defendant has knowingly and voluntarily waived his right to jury trial. Yes. According to the plea, punishment must be assessed at three years in the prison. There's restitution of $2,000 to Desiree Ruth, D-E-S-I-R-E-E, R-O-U-T-H. Did you understand that to be the plea? Defense, is that the plea? [00:02:30] Speaker 3: That is the plea, Your Honor. [00:02:31] Speaker 1: State, is that the plea? [00:02:32] Speaker 3: Yes, Your Honor. [00:02:33] Speaker 1: Then, to the offense's charge, how do you plead? Guilty, not guilty, or no contest? [00:02:37] Speaker 3: Guilty. Guilty. [00:02:39] Speaker 1: State, any evidence? [00:02:40] Speaker 3: Contain an exhibit, one in attachments, Your Honor. Any objections? [00:02:44] Speaker 1: All right. Then, State, do you wish to question the witness with regards to State's exhibits, one in attachments, as it relates to his name? [00:02:55] Speaker 3: Mr. Martinez, in the offense report generated by the officer who investigated and arrested you, he identified you as Lorenzo Rivas Martinez. Is that in paleos of some sort? That is my brother's name. Your brother's name. Steve Investor. So, the person identified by that officer in that offense report is, in fact, you? Yes. Thank you. [00:03:18] Speaker 1: All right. Thank you. Court will find that defendant has knownly and voluntarily waived in consent stipulation of testimony and stipulations. Court will accept into evidence States Exhibits, one in attachments, and the court will review in states Exhibits, one in attachments, the court will find there's sufficient evidence to find you guilty, and the court will find you guilty. Are you proceeding with sentencing? [00:03:41] Speaker 5: I would like to set this for, the only reason I asked for that is, he needs to move his stuff out of his apartment before he goes to jail. If, if he gets the PSI done, then maybe he'll have time to do that. Yeah, I just want to spend more time on my family. [00:04:01] Speaker 1: No, here's the issue, and the reason why the court doesn't want to do that is because this really isn't a DWI 3rd, because you've been to prison before for DWI 3rd. [00:04:11] Speaker 4: I've never been. [00:04:12] Speaker 1: There's a, well, he's been on a felony probation for DWI 3rd, for DWI. It's 2007 CR 9, 965. [00:04:24] Speaker 4: Uh, Mary Ramona dropped that. Uh, it was the same court as mine. [00:04:30] Speaker 5: Mary Ramona. No, no, even the state, look, there was no prison time. [00:04:34] Speaker 3: Your Honor, as far as I am able to discern, Mr. Martinez has never been incarcerated in the penitentiary. Yeah, correct. [00:04:43] Speaker 1: Well, what I have before me, whether he went to prison or not, I have him as having a previous DWI that was a felony, and it's 2007 CR 9, 9, 6, 5. [00:04:57] Speaker 4: I remember, uh, Mary Ramona dropped the four years probation, I have, because someone lied about me, somebody accused me of me putting a knife, I've never used knives in my, I took my drugs. [00:05:09] Speaker 1: No, I mean, I'm just saying he has, uh, a felony conviction for DWI 3rd. Am I wrong in that? [00:05:16] Speaker 5: No, no, the conviction's there, but. [00:05:18] Speaker 1: Okay. So I don't. [00:05:19] Speaker 5: But you asked if he went to prison. [00:05:21] Speaker 1: Okay. [00:05:21] Speaker 5: Your Honor. [00:05:22] Speaker 1: Hasn't been to prison. All right. So the reason why I do not feel comfortable with him being on bond for this is because in the stipulations, one, he's using his brother's name by his own testimony. That's why. [00:05:40] Speaker 4: Your Honor, that was when I was, uh, like 18, 19 years old. It's been a long time. And I told him to take that name off, but they never take it off. I've never, ever used that much. You know, only when I was young, it was like 21 or 19 years old. [00:05:58] Speaker 1: All right. I'm not going to allow him to be on bond for. [00:06:01] Speaker 4: And I've been complying with all the conditions. Yeah. I mean, I'll go to AA. I'll go to pre-trial. I'll go to healthcare services. I've been doing everything. And I've come up clean. I've blown that monitor three times a day. And I'm just at home. I'll go to AA. That's all I do. I mean, my little dog, I told you, Tina. [00:06:21] Speaker 5: And he's already have, he already has over five months waiting to get out and stuff. That's why he wants to be able to move his stuff out. So he's got a lot of credit towards it already. He just needs to go in and basically parole out. [00:06:39] Speaker 1: State? [00:06:42] Speaker 3: Penitentiary isn't going anywhere anytime soon, Your Honor. [00:06:45] Speaker 1: But my concern is for the community. [00:06:51] Speaker 4: And I have my family here, Your Honor. [00:06:53] Speaker 1: I understand. I see your family. But my concern is that this involved an accident. And there's restitution of $2,000. He's just pled guilty to it. So does anybody want to address that issue? [00:07:11] Speaker 5: The issue that he just got guilty? [00:07:14] Speaker 1: I mean, that he's pled to DWI 3rd. Correct. There was an accident. [00:07:19] Speaker 4: Correct. [00:07:21] Speaker 1: And now he's fleeing guilty. And there's a prison sentence. So does anybody want to address the court's concerns for public safety? [00:07:36] Speaker 5: Well, the fact that he, on his own, has addressed his issue and accepted responsibility for it and has been going to how many? Well, AA, I've got about 90 or 80. He's already got it. Where's the documentation? That's what he was reaching for. he wants to do better returning sir here yeah this is so called yeah here he goes that he's been proactive so far to [00:08:21] Speaker 1: oh i'm sorry state have you had a chance to do these i have not your honor [00:08:27] Speaker 4: oh he's coming around this way thank you i also have a sponsor and his name is uh kevin bondes i even got the a alcoholic anonymous book and i've been reading them i'm taking full responsibility and i and i'm complying with everything the court has ordered me okay now i have a 17 grandchildren but can you name them all and give their data [00:08:57] Speaker 1: birth oh no oh yes memory i have 14 great ones too but can you name them all and give their data [00:09:07] Speaker 4: okay what is this picture of uh his neighbor attacked his dog and my neighbor killed my dog that's why i was going to my sister that night and then uh now that was that was not the same day and this is my little dog for a lot but his neighbor his neighbor's been arrested for [00:09:29] Speaker 5: burglarizing his house and and hitting them with the pipe and uh yeah but that that occurred at another time than the dwl all right so state do you have any objection to allowing him [00:09:44] Speaker 1: to continue on bond for psi i do not your honor all right uh probation was the earliest to expedite this okay okay all right so we'll be back on december 19th december 19th it is and if they're not ready we will oh they'll be ready okay oh they'll be ready okay and please include a chat evaluation in that [00:10:25] Speaker 4: all right is there anything else i said i appreciate it thank you and thank you for [00:10:30] Speaker 3: your patience and for dressing appropriately from the state only an admonishment to mr martinez not to go [00:10:36] Speaker 5: anywhere yep mr martinez don't go anywhere don't mess up oh no no no okay now now you might want to also tell him that that you've already found him guilty but if you do not show up then you can change she can [00:10:54] Speaker 1: change the sentence all right okay all right thank you continue doing what you're doing all right court is calling 2024 cr zero zero eight four two seven state versus moses martinez can i have parties announced with a record for the state defense defense i'm trying to be accused all right uh you entered a plea bargain agreement and according to your plea punishment is assessed at three years in the prison there's a two thousand dollar restitution amount to desiree ruth r-o-u-t-h and the court ordered a psi and tap evaluation have both parties had a chance to review the psi and tap evaluation state yes your honor defense any objections to the psi and tap state the substance [00:11:47] Speaker 3: abuse screening instrument in vendor sir says yes and if yes to and score is that compliant [00:11:57] Speaker 1: all right all right all right all right so after reviewing the psi report and the tap evaluation uh state do you still wish to proceed with the um agreement that was tendered [00:12:14] Speaker 3: change it's offered to silent on an application for the immunity [00:12:20] Speaker 1: any objections to that objection all right so here's the thing mr martinez i can do one or two things with your case one i can follow your agreement the three years in the prison but i will tell you right now if i were to grant your application i would not feel comfortable with you being on bond during the holidays so you would be at the bear county jail felony drug court does not open up its ability to accept new people till the end of january so if you want the court to consider an application for probation i will but that's what i would consider end of story there is no but can i do this but can i do that that's the only way that i would consider giving you probation and let me just explain to you why i wanted the the psi and the tap evaluation because i see that your history is riddled with dwis right three years prison maybe they'll help you with your drug uh issues with alcohol maybe not but i do know once you're released from prison then there will be really no supervision so those are your choices and if felony drug court does not take you then you will be waiting uh there for another evaluation for um perhaps lifetime recovery those are [00:14:02] Speaker 4: your choices can i show you some paperwork here look i have attended college look i was in a car accident [00:14:08] Speaker 1: that's why i didn't finish all right so i understand what you're telling but i want you to hear me yes you you only have two choices either you're going to prison for three years when you get out of prison there's probably not going to be any supervision or either you're going into custody today and felony drug court will review you for their programs at the end of january because they don't have any room for you i do not feel comfortable granting your application for probation and allowing you out and about for the holidays so those are your only two choices either it's prison for three years or either it's probation with the conditions that i'm going to give you so do you need to discuss that with your attorney so i'm going to be locked up right now to win oh uh if if felony drug court accepts you great if they don't accept you then you're going to go into some inpatient treatment and what about that mental uh [00:15:09] Speaker 4: program and county county court 12. no this is a felony this is probably this yes [00:15:24] Speaker 1: well i guess i'll take a chance in the county all right so well when you say take a chance in the [00:15:30] Speaker 4: county what what do you mean well you said i'm going to be there in the county you'll see if i [00:15:35] Speaker 1: apply for that that probation right yes yes that's what i want so you do not wish to go to prison no all right then council i'll need you to fill out an application for community supervision and we'll go from there yes ma'am and if y'all can change your um weekly bargain agreement to uh the state is silent uh your honor i have a question uh how long more more less all right so see here's the thing let me let me just tell you something this is what i noticed i noticed that when people are looking at prison they will say they will do anything not to be in prison and when they're given a chance not to be in prison then they want to write different different things so i mean you'll be in there as long as they require you to be in there that's how long you're going to be in there okay well i can change it right now right the prison time oh okay he wants prison time he can stop he wants to go to [00:16:37] Speaker 4: prison no no no no no no no we're going to do prison time all right uh that's what he wants [00:16:49] Speaker 1: uh could i see the paperwork he's decided he wants to do prison so i'm going to follow your agreement i know to the family sometimes people want to do what they want to do so the court is going to sentence you to three years in the prison give you credit for any time sir there's a two thousand dollar restitution to desiree d-e-s-i-r-e-e ruth r-o-u-t-h there is a two-year driver's license suspension all right is there anything else with regards to sentencing 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 rave 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 a weapon or ammunition [00:17:58] Speaker 2: you'll need to speak to an attorney good luck to you in the end impatience was his undoing moses martinez abandoned his shot at probation because he simply didn't want to wait judge boyd finalized the paperwork officially sentencing the repeat drunk driver to three years in a texas state prison he was also ordered to pay two thousand dollars in restitution to the victim of his crash and his driver's license was suspended for two years this case is a powerful reminder that accountability always comes calling you cannot lie to police endanger the public and expect the justice system to bend to your convenience today common sense prevailed and the streets are safer for it we want to hear from you do you think a three-year sentence is enough for a repeat drunk driver or should judge boyd have thrown the book at him even harder sound off in the comments below and don't forget to subscribe for more real courtroom justice