Monster Woman Pushes Judge Boyd Too Far — Then Instantly Regrets It

[00:00:00] Speaker 1: don't believe you have an alcohol problem because it appears from everything that i'm reading that [00:00:06] Speaker 2: you do um 10 years is a long time judge um including yours um we're asking the court to consider a shorter period than 10 years um for her failing to do that maybe she needs to go to [00:00:22] Speaker 1: prison i don't know maybe she she needs something else i don't know uh she has 77 skip tests welcome to the court of justice the court is calling 2023 cr1876 state of texas versus yvette martinez can our parties announce for the record for the state jason garahan for the defense are you miss martinez yes all right this case has been rescheduled more than once and it was due to the fact that miss martinez attorney that is listed on the record kenneth kenton longacre was unable to appear and so it was reset for today the court will note that each time this case has been set the complainant has appeared so the court informed matt yes your [00:01:21] Speaker 3: honest right and so what is the status uh your honor the attorney who has been assigned uh we have been unable to contact him for the past three weeks um we have spoken with both the state uh and miss martinez and we're comfortable with going forward with sedenting today all right uh miss martinez [00:01:39] Speaker 1: are you prepared to proceed you're going to need to speak up uh yes yes all right and you're prepared to proceed with these attorneys yes all right so in this case you entered a plea of guilty to cap one on june 5th the court was requested a psi and tap evaluation have both parties had a chance to review the psi and tap evaluation state yes defense yes your honor any objections to the psi or tap evaluation no your honor and i forgot to put this part on the record uh miss martinez have you had ample time to speak with the current attorneys yes okay you entered a plea bargain agreement according to the plea bargain agreement your punishment was to be assessed at 10 years in the prison the state is opposing your application for deferred adjudication they are recommending community supervision there is to be restitution to the complainants in the case and there are stipulations about your location did you uh understand that as the plea uh yes okay council is there anything you wish to say on behalf of your [00:02:57] Speaker 3: client uh your honor uh we just ask that you follow along the plea agreement of the tenured's probation [00:03:03] Speaker 4: okay state [00:03:08] Speaker 5: your honor uh the state is an agreement of following the uh the rec your judge opposed to deferred and also to follow the tax recommendations and that's correct [00:03:18] Speaker 4: your honor okay all right then your honor may i speak with uh well may i speak with the client but yes [00:03:33] Speaker 3: something's just been brought to my attention okay please i'll just agree on it [00:03:38] Speaker 1: any objections to the castle appearing by video state no your honor miss martinez any objection to him appearing my video no all right you entered a plea on june 5th to count one of guilty count two was waived according to the plea bargaining agreement punishments be assessed at 10 years in the prison state is recommending community supervision opposing deferred adjudication and there's restitution and you're to [00:04:05] Speaker 4: stipulate that you were at pockets bill years your honor yes [00:04:17] Speaker 2: clarify one thing did you say that the state is recommending straight probation [00:04:22] Speaker 1: yes thank you all right have both parties had a chance to review the psi report state yes your honor defense yes your honor any objections to the psi report state no your defense no your honor all right any witnesses from the state of the defense [00:04:41] Speaker 5: no witnesses from the state your honor it'd just be a victim in fact [00:04:45] Speaker 1: all right defense any witnesses no witnesses your honor anything you wish to stand to have your client [00:04:51] Speaker 2: i do judge um first of all miss martinez has virtually no prior criminal convictions of any kind um this is her first felony offense she has two children ages two years and seven years um she had lived here in san antonio presently presently lives in pleasanton texas the reason is um in addition to being abused as a child of parents um she was subject to both physical abuse by an uncle of hers while she was living with whom she was living here in san antonio um that continued for like i said nearly a four-year period finally it culminated in the uncle apparently assaulting um with a broom so she left to go to a shelter which happened to be located in pleasanton i had advised her before and again advised her today to apply for a protective order and today in our conversation i asked her to do it today before she left the court out she's still being stalked by this individual he for instance knows she has court today he may even be present in the courtroom i don't know um in any event she moved to pleasanton um to go to a shelter where she now lives um she's obtained a job at savannah suites a hotel there in pleasanton she's a she's a housekeeper her income is limited to about twelve hundred dollars a month as a housekeeper her children are on medicaid wick and food stamps i mean pocket billiards was indeed the only per the only entity war person that served her alcohol that day she had according to her she had not drank prior to the other going to pocket was there for a couple hours um i've seen the tap report it recommend inpatient treatment um as to that of course item one of an alcohol abuser or alcoholic is is denial and initially ms martinez did not believe she has an alcohol problem um given what has occurred in this horrific situation that could have been worse even um she acknowledges that she does indeed have a problem with alcohol um she has been going to she's never been to treatment of any type before in or outpatient um she just started a few months back going to alcoholics anonymous on my recommendation and she's continuing to do that um we're asking the court to consider on an intensive outpatient program given that she's never been in treatment before um and the inpatient treatment could be put on hold and if she were to violate perhaps then instituted um i'm not clear on one of the recommendations is that she have an interlock for two years a second is that her driver's license be suspended for two years um i don't recall the exact number the alcohol flood level was high to be sure and the offense is egregious to be sure whether she is statutorily required to be suspended for two years i'm not clear on that but they've asked for both an interlock for two and a suspension for two um given that given ms martinez's true remorse um for what has occurred um and the horrific injuries suffered by um mr casas and and his son as well and indeed it could have resulted in their death um we're asking the court to consider our recommended favorably consider our request rather for um um corbation um 10 years is a long time judge um to be under anyone's oversight including yours um we're asking the court to consider a shorter period than 10 years um ms martinez is 40 years old she's gone to some lengths to um to better her life and escape the abuse she's been the subject of for a considerable period of time she has um but a ninth grade reading level according to the assessment and she's working hard to get back on her feet do well by her children um as best she can uh indeed if mr kasas does as i certainly expect he shall file a civil suit um you know he will not only sue her but certainly pocket billiards the server um given her income level um his hope of financial recovery to cover his extraordinary i'm sure it's a couple hundred thousand dollars as i'm sitting here uh medical expenses um indeed it would be it would be the server rather than the consumer who would have the resources and the insurance coverage to pay for that um given all that we're asking the honor to our your honor to respectfully request that the period of probation um be considerably shorter than the 10-year period with any restrictions it might um find necessary to add thank you so ms martinez uh can you raise your right hand for me please [00:11:26] Speaker 1: do you solemnly swear affirm the testimony you give will be the truth that nothing but the truth will help you god yes all right you can lower your hand state your name for the record evette martinez [00:11:34] Speaker 6: all right where are your children uh my children uh my daughter's with um my son my daughter's with the grandma of my husband robert back here okay and my son is uh with his dad which i don't want him there because he has a problem with you know drugs just to be honest you know so i'm kind of scared uh you know i don't i don't want him there too long you know i want to get him out there i mean well i mean [00:12:02] Speaker 1: you're going nobody else to watch him you're going into inpatient treatment today so uh we recently learned of a new program i'll do new things ministries so they may be able to speak to you quickly we can also talk try lifetime recovery but it's going to be while in custody this is a very serious offense people could have died i'm concerned that you don't believe you have an alcohol problem because it appears from everything that i'm reading that you do [00:12:45] Speaker 6: i do now and i take full responsibility for what i did it was wrong and i'm gonna i'm gonna pay for [00:12:52] Speaker 1: it okay so this is what we're gonna do we're gonna take you into custody today uh mr longanger if you would like to call mr are you pregnant no okay if you would like and the only reason why i asked that is because it was suggested to me that maybe you were and i would like the deputy to know that because if you are they don't handcuff you behind okay so that's why i asked not that you look pregnant at all okay all right so i'm going to find you guilty i'm going to sentence you to 10 years in the prison suspended and probated for 10 years there's a 2500 fine that will be probated there's to be restitution to julio casas junior and cameron casas 200 hours of community service restitution i'm going to order parenting classes once you complete parenting classes the restitution will be deemed satisfied ignition and unlock for half the term two-year driver's license suspension you are stipulating that on or about january 7 2022 at pockets located at 5819 northwest loop 410 san antonio texas 78238 you consumed alcoholic beverages and pockets was the only establishment that you assumed alcohol beverages that day then you drove a vehicle which you drove a vehicle into a vehicle occupied by julio casas jr and cameron casas jr going to have regular reporting by zoom or in person [00:14:41] Speaker 4: there's to be regular uas referral to lifetime recovery or i'll do new things ministries [00:14:59] Speaker 1: judge could you stop that please did you say all i'll i apostrophe w l do do new new new thing th ing ministries m-i-n-i-s-t-r-i-e-s thank you [00:15:19] Speaker 5: is that here in san antonio yes it is there'll be regular reporting [00:15:27] Speaker 1: by i already said regular reporting by zoom or in person proof of employment within 30 days of release there should be no employment as a home health care provider or with minors and the uas make sure they test for alcohol i'm going to want 90 sober meetings in 90 days upon [00:15:53] Speaker 4: release field visits [00:16:01] Speaker 1: one time per month for four months and then thereafter random as probation sees fit is there anything else that she needs probation [00:16:11] Speaker 7: your honor um the field visits after release from inpatient however she lives in edesposa county [00:16:20] Speaker 1: ah well she's going to have to call in at least once a month for four months [00:16:29] Speaker 4: to probation for reporting all right is there anything else nothing from understatement probation anything else she needs [00:16:44] Speaker 7: do you want to do um dwi intervention or education [00:16:49] Speaker 1: yes thank you so much let's do dwi education and dwi intervention and do the um vip live [00:17:05] Speaker 4: all right anything else from either side [00:17:08] Speaker 1: nothing on direct anything else you need [00:17:11] Speaker 6: oh i just yeah i i guess they'll better explain to me what i did or i mean uh my sentencing [00:17:19] Speaker 1: oh probation is going to go over everything with you okay [00:17:23] Speaker 2: miss martinez if you should have any questions that probation can't answer you're certainly welcome to call me is there anyone you would like me to call [00:17:35] Speaker 6: uh yeah they could call uh my daughter's father behind me robert [00:17:43] Speaker 1: all right we'll let them know because probation is right here is there anything else you need to be successful [00:17:50] Speaker 6: i just want to say that i'm sorry and that um it was an evil act that i did and uh i'm glad that he's alive i know he's suffering a lot i can imagine what he went through not being able to walk being in a wheelchair um just not being able to work you know i got what i deserve today in the name of jesus and that's right i asked god to just just to help me through this because um i feel bad i knew better and i i made the choice i just said [00:18:21] Speaker 1: well i will tell you this i appreciate your saying that because you will not believe the number of people who i have before me who really don't internalize the suffering that they've caused others so i appreciate that i'm going to show you what's entitled trial court certification of defendants rights to appeal did you have a chance to review that with your attorney and did you sign it yes all right because this is 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 a weapon or ammunition is you'll need to speak [00:19:01] Speaker 5: to an attorney okay all right thank you so much and here's the last thing off the record we just need [00:19:07] Speaker 4: to be going to check all right i beg your pardon jason and feel remorseful because i went through a lot of pain and i'm still going to pain [00:19:25] Speaker 8: i know you have kids but i'm a son to my mother and i'm there for my mother and i i did i she depends on me and you took that away for a good long time and even now i have a son you [00:19:38] Speaker 4: could have killed them if it wasn't for a split second that we broke because we saw you he would have been dead i would have possibly been dead and you wouldn't remember any of this you [00:19:52] Speaker 8: wouldn't have known anything that happened you would have been like well i don't know what happened [00:19:57] Speaker 4: you wouldn't talk to you you know in the long run i think you're getting off easy you could have gone to [00:20:06] Speaker 8: joe for killing us for you know i'm disabled i can't run i can't swim i can't horseback cry i can't get on a bicycle at least not yet and i have pain right now i have pain i have swelling every night i have nightmares i hit the brakes in my in my dreams and it hurts i was on pain medications for 10 months i was in the hospital for a month [00:20:41] Speaker 4: i had three surgeries they still want to do two more surgeries i'm scared because i don't want to lose my leg they thought i was going to lose my leg i was thinking about this thing for over a year and a half and every time i think about it i get real anxious and i start having good things i can't sleep at night [00:21:24] Speaker 8: i thought seeing you in court would be easier things made it worse i never looked at you until today i don't i know you knew i was after you found out that i was here in court the last few times [00:21:35] Speaker 4: i never looked at you i couldn't i had a lot of hate towards you in the end i just wanted this to end i don't want i don't want to come to court anymore [00:21:51] Speaker 8: it's affected my mom it's affected me going to family celebrations it's affected me going to even the simplest things as going to a restaurant to eat because i couldn't because i had an iv bag going into my heart for months because they thought i was going to become septic and die and if that would [00:22:12] Speaker 4: have happened guess what that would be manslaughter [00:22:23] Speaker 1: is calling 2023 cr1876 state of texas versus yvette martinez can i have parties announced for the [00:22:31] Speaker 9: record for the state i'm sorry for the defense and are you yvette martinez all right she entered a plea [00:22:43] Speaker 1: of true to violation of 14 m and there are some other violations in the report that the state waived but the court had concern about and it has to do with uh testing and what is happening with that is [00:22:59] Speaker 9: that correct yes and you have a witness here uh yes judge uh the state uh reached out to lifesaver [00:23:10] Speaker 1: all right any objection to this witness appearing by zoom no judges all right uh mr rendon can you raise your right hand do you solemnly swear and firm the testimony you give will be the truth and nothing but the truth so help you god all right you can lower your hand state your name for the record [00:23:27] Speaker 9: my name is octavia rendon uh any questions i mean i wanted to have advantages yes all right so here's [00:23:37] Speaker 1: the problem uh the problem is i keep receiving these reports they're a skip test she's saying that there's an issue with the machine and it's not with her so we're trying to figure out what's going on with that because according to the report i received uh she has 77 skip tests from december 13 2023 to june 10 2024 and it states that those skip tests have been discussed but defense and i believe miss martinez are saying it's an it's an issue with the machine it's not her in it yes are you waiting for mr rendon oh sure or if you have something to add you're more than [00:24:25] Speaker 10: welcome to add it judge i just wanted to draw the court's attention the 77 tests over many months as you can see on that mtr the every 12 tests here or 10 tests there i also want to draw the court's attention i mean that she tests three times a day um and all the other tests they were not positive it was just that these were tests um now i guess does the court just want to inquire to mr [00:24:53] Speaker 1: and don if the machine can be defective no i'm trying to understand why do we have these skip tests i think when you all were here last time people said they had an explanation for the skip test am i [00:25:04] Speaker 10: am i remembering incorrectly yes judd i mean what we said was that the machine and mr rendon i guess you can see this is this your machine yes sir and and i just so you can see it jedra i spoke to my client and this is a new machine that she received just after the 4th of september and when she was talking to a a um troubleshooter basically they said that the power [00:25:31] Speaker 1: well i mean he's he's here to ask answer some questions so if you have some questions what she's saying what somebody else said that's all hearsay if you have questions for him about power courts or whatever then you all can ask him well i believe what my client i mean are you are you in the court inquiring or yeah i'm trying to figure out what is going on she is on probation for intoxication assault i know that y'all only play it true to 14 m and 14 m is she failed to register or attend the dwi intervention program all right so the reason why i'm inquiring about this because she failed to attend that she needed to attend that she didn't whatever y'all agreement have i need answers about this otherwise for her failing to do that maybe she needs to go to prison i don't know maybe she she needs something else i don't know so mr rendon question him what is up with this device why is this there's an issue [00:26:32] Speaker 10: with this device mr rendon's i i guess let me inquire to what what your specifics are in your job [00:26:42] Speaker 11: i didn't call you as a witness so i'm not familiar with you sir yes sir so um my title um is business development manager i recently acquired that title uh beforehand i'm a field operations manager for uh the company since 2017 and i've actually started with lifesafer since 2011. so i've been working here i know the device i know the data um i've been doing this for a while so are you you [00:27:17] Speaker 10: familiar with these type of devices and troubleshooting these devices yes sir okay have you had to [00:27:23] Speaker 11: troubleshoot these devices before yeah then occasionally so the device relies on um uh like a cellular network uh and a lot of times uh our defendants our clients can go outside of cellular uh coverage when this happens we are bound to help the customer to repair the device so we can get the data back um which we do occasionally and if the test is missed and the client's actively missing the test the device will register a refusal and it will register a gps location as to where the device is so um just given is there a particular date that we're questioning as far as missed test or or just all of the mess tests in general well i guess [00:28:23] Speaker 10: what i'm trying to get at is this is a machine and runs on a battery correct correct correct and it can be plugged in and batteries ever go bad in these machines like our cell phones and everything [00:28:35] Speaker 11: else that batteries go bad um that would be a term that i i don't think uh exhausted that maybe you use your cell phone all the time and they have to recharge my phone a couple of times a day but it's bad i don't think that's a correct term for it have you ever had to replace a machine for a battery or a bad charger [00:28:59] Speaker 10: or anything along anything simple like we have to do with all the devices in our life i've had to replace [00:29:04] Speaker 11: devices for a broken port when the customer uh forces the usb into the side of the device and it breaks that [00:29:12] Speaker 10: ports okay so do you thank you i'm sorry i didn't mean to interrupt you um now are you familiar with miss yvette martinez's case at all i i have her information in front of me okay is this the device that she has now can you tell whether it has been replaced uh correct it was replaced it was replaced on the 3rd of [00:29:34] Speaker 11: september and why uh we may do it if the client is requiring that they want a new device then we're bound to give them a replacement at that point that does not mean that the device is bad that does not mean that there's something wrong with the unit it just means that at that time if the client inquired or if the court inquired we are able to replace the device if necessary has has that device been run a diagnostic on it the old device um no so once we receive a device that is shipped back to a manufacturer in cincinnati ohio uh but their data from the device is real time so all we can see is what happened prior to the device being exchanged and what happened after the device was exchanged so you have all the [00:30:26] Speaker 10: data there present correct so can you send that to the court so that we can review it yes sir [00:30:48] Speaker 1: you might gonna be sending that to mr escobar yes you can spin it to um escobar [00:31:03] Speaker 10: so judge with him sending the information over i'd like to have time to review it sure to have a re to reset to review the case uh before of course okay [00:31:17] Speaker 12: all right miss ferguson can you bring this back on september 16th judge stephanie boyd delivers a stern verdict to eva martinez who pleaded guilty to a devastating dwi crash despite her attorney's pleas for leniency the judge focuses on the life-altering injuries inflicted upon the victim the victim's emotional testimony about his ongoing pain and permanent disability leaves the courtroom heavy judge boyd immediately orders martinez into custody imposing a strict 10-year probation sentence with intense conditions an ignition interlock license suspension community service and 90 sober meetings in 90 days the judge makes it clear that accountability is non-negotiable and this is martinez's final chance to turn her life around