LARRY WALKER SENTENCING

okay 2016 3693 fh 2017 3436 fc people versus walker patrick coletti for the people you're on good morning i don't have wallet for mr walker on both the cases judge your honor we will first address the case which starts in 16 and that would be 16-3693 fh except for pre-trial today on at this time my clients will tender free of no contact with those judges and uh we'll do that first and that's account one of the information charged for the second question all right all right for that sidebar with council concerning the uh pretense report and as it relates to each of these cases it does not address the uh the one six three six nine three case was not scored in the three sentence reports since because it hasn't been resolved as of yet so we still wish to go forward with this play at this time or after sensing forward with it at the same time all right mr walker uh do you read write and understand the english language yes sir are you a citizen of the united states yes sir are you taking medication today no sir are you under the influence of any drug or any alcohol no sir do you understand that if we did not have a pre-resolution on this particular case that you would be that i would set this matter for trial at trial you would be entitled to be represented by an attorney if you could not afford an attorney the court would appoint an attorney for you for trial do you understand yes sir you are represented today by mr karbala correct on this piece yes sir have you had enough time to meet with mr carvalho today and to discuss this case and this plea agreement um yes sir yes sir okay i understand that the maximum penalty that the court can impose on the charge of possession of a controlled substance in this case being cocaine less than 25 grams but that's about felony it's punishable by up to four years in our state prison and or fine of up to twenty five thousand dollars there could also be life extension against the driving problems there's uh also a second offense notice that would increase those penalties from four years to eight years and from twenty five thousand dollars to a maximum of fifty thousand dollars do you understand the penalty sir when we met with your attorney uh today did you also review or discuss each of the rights contained on the advice of right form that i'm holding up yes sir is that your signature that appears on this form mr washer of these all right you understand that your attorney is asking that i accept a no contest plea on your behalf secretary he's asking that i accepted no contest please do your future lack of memory of this situation do you understand that this court will treat a no contest plea the same as if you pled guilty today for purposes of your plea your conviction and sentencing you understand um sir i completely no contest or guilty i do mr walker do you remember possessing cocaine on that day at that time if you remember the judgment okay did you understand sir that if i accept your guilty plea today that you will not have a trial of any kind and that this charge will become a conviction on your criminal history and driving record yes you also understand that if i accept your guilty plea today any appeal from the conviction or the sentence would require you to file an application for leave to appeal with the michigan court of appeals which means mr walker you would have to ask for the court of appeals whether or not they would hear or consider your case you would not be entitled to an automatic appeal or what's known as an appeal as of right do you understand that sir yes sir all right mr walker also understand that by pleading guilty today you are waiving each and every one of the rights that are listed on this divisive rights war listen all right you're waving your right to have a trial in this court by a judge or a judge and jury do you understand that yes i'm so glad or like two seconds to ask my lawyer or something about that you can continue are you ready yes sir sorry i understand that uh as i indicated that by pleading guilty today you're waiving your right to have a trial in this court by a judge or a judge and jury yes sir all right you're waiving your right to be presumed innocent of this charge until the prosecutor can prove your guilt beyond the reasonable doubt yes sir you're waiving your right to appear in court and to question confront or cross-examine each and every witness that's brought against you yes sir you're also waiving your right to present any evidence at your trial including waiving your right to have witnesses called to this court to testify for you and your defense and they have this court order them to appear if that's necessary do you understand yes sir you also understand mr walker that by pleading guilty today you're awaiting your right to testify sir where you could take the witness stand you could be your own witness or you can remain silent and not have your silence used against you you understand that you are waiving that right yes sir has anyone threatened you in any way mr walker to have you waive your rights today and to plead guilty to these to this offense no sir anybody promise you anything mr walker to have you waive your rights today and plead guilty to this offense are you doing so freely and voluntarily yes i am soon and with regard to uh tell the court what you did back on april 6th i'm sorry august 16 2016 in the city of warren that would make you guilty of the offense of this defenseman um i was i was uh i was being booked in the uh warren precinct and uh i was in possession of a baggie uh uh cocaine surgery and that was on august 16 2016. yes sir it was that was in the city of warren oh yes sir was that less than 25 grams of cocaine yes did you have any legal authority to possess cocaine no sardines had you been previously convicted of a possession of marijuana uh back on may 18 2015. yes satisfied thank you your honor yes satisfied judgment report confined with mcr 6.302 yes yes judge all right mr walker tell me then how are you pleased to count one possession of cocaine less than 25 grams the four-year felony together with the second offense notice that would increase that penalty served to an eight-year felony update against the uranus i will accept your guilty plea to count one together with the second offense notice that's freedom and voluntarily i'll uh refer that matter to probation for a pre-sentence investigation report recommendation i will set sentencing on that manager for how much time you need for the term we'll shut that down for september and that's on file number one six three six nine three feet are we ready to proceed on the other case yes all right mr walker you're here today for sentencing at file number one seven three four three six fc have you had enough time to meet with your attorney this morning and to review your pre-sentence report yes sir you're ready for sentencing mr walker yes sir all right thank you mr coletta your honor thank you as it relates to the sentencing guidelines i understand the council has a couple that he wants to address with the court before we do that judge um i i think based on the defendant's conviction um that was just entered on the drug case judge prd7 does need to be square to ten points uh that would increase the prv total from 32 to 42. the level though remains at d thank you [Music] should be scored it should be scored at 10 points it's going to support zero based on the record we just made um the level the excuse me the prvs would increase from 32 to 42. the level remains indeed right anything on the accounts variables judges it relates to the offense variable reference variable number nine currently scored at zero points we'll ask for a scoring of 10 points judge if two to nine victims were placed in danger of physical injury or death if the court recalls the testimony at the trial cedric smith cole was one of the people's main witnesses and he testified that he was standing with kenneth cuts when mr walker fired the shot that killed mr cutts both of these men were running away from mr wanker they were both certainly in danger of being hit by that bullet i think a 10 point scoring on ob9 would be appropriate judge my argument on that is mr walker had a gun with seven bullets in it he had no intention really of killing anybody that day uh this occurred in a combative situation and in fact mr walker started running away as those people started running away mr smith ball was never in danger of being shot at i'll score the 10 points what else that's all i have judge i i know that mr harbaugh has a couple that he wants to address all right so that brings the obs up to 115 115 that's correct john that changed the level no judge the level remains three so change the guy guidelines all right so we have a prv7 is being increased from zero to ten total prvs are being increased from 32 to 42. the uh offense variables ob9 is being increased from zero to ten and the total obs are being increased from one zero five to one one five the minimum guideline range will remain two seventy to four fifty any other comments yes judge should we should we resolve all of the scoring first and then i'll have some elocution there's somebody who wishes to address the court okay thank you is there more scoring issues mr harbaugh has a couple he wanted to mention you're on george i have two offense variable judges be strongly objective one is offense variable three judge which is for the 25 points your honor in this case the victim was killed if you look at offense variable 3 it starts with 100 points the victim was killed and then the guidelines clearly indicate that score 100 points only if death results from the commission of a crime and homicide is not the sentencing offense in this case judge homicide is the sentencing offense so i would answer that be scored with zero points in your honor i agree that 100 points is not appropriate based on the instructions um by the way you're at ob3 ob3 is scored at 25 by the probation department judge um 100 points is not appropriate i agree with that based on what the instructions indicate um 25 points is the appropriate scoring um the only time this offense variable cannot be supported homicide as a sentencing offense is if 100 points were to be assessed that's not what's going on here judge 25 points is an appropriate score i agree uh mr obama that 25 points should be appropriately stored and your only wasn't scored at 100. sorry just to complete the record on this variable judge there is a case by the michigan court of appeals people versus right w-r-i-g-h-t it's unpublished but it's 2014 mishap the alexis site is lexus 2363 uh and uranus which also stands for proposition composition therefore his scoring your our next objection retrofits variable six your honor i think variable six has been scored with 25 points we believe it should be scored at only 10 points and the reason for that judge again is given to us in the instructions of the guidelines which says 10 points must be scored if killing is intentional within the definition of second-degree murder or voluntary manslaughter but the death occurred in a combative situation in this case judge the court heard the testimony of mr walker he clearly indicated as to how this happened how the deceased came from behind him uh put him in a chokehold at that time he got out of the chokehold and turned around and by react where we have reaction fired this was a combative situation judge will asking 10 points we scored ob6 reads 25 point leads the offender had unpremeditated intent to kill every intent to do great violent harm or create a very high risk of death or great bodily harm knowing that therefore great body harm was a probable result well your honor um the only the only evidence that that we heard throughout the trial that there was any kind of combative situation was the testimony of the defendant judge the physical evidence uh corroborates what mr smith cole said was the version of events which is that the defendant brandished the firearm pointed it at the victim that he taunted the victim with this firearm that there was a brief struggle to get possession of the firearm once that was not successful judge the testimony was that the victim turned around and ran away with mr smith cole there was no combative situation when mr walker fired these shots that's what the evidence throughout the course of the trial i think that 25 points is appropriate what about all the error i'm sorry what about the lower amount of 10 points which reads the offender and intent to injury or the killing was committed in an extreme emotional state caused by an adequate provocation and before a reasonable amount of time he laughed for the offender to call where there was gross negligence announcing to an unreasonable disregard for life judge i don't think that the evidence that was presented at trial supports that i think that the evidence presented trial supports the scoring of 25 points sir i just believe the evidence supports that this was in a combative situation judge and that's the reason why i pushed you into the instructions of the guidelines i'm asking is for the 10 points if i may ask you a lawyer can i say something they got in this yes what do you want to say tell me let the judge know what happened i mean uh the evidence don't cooperate how many of these cooperate me and um that's why i asked for the other days okay my client also asserts judge that this occurred in a combative situation press you into the evidence but if i could make a few pointers around here uh the the cedric he made up a total complete life and you know uh he he says that i pointed the gun at somebody and tapped it upside they hit that's ridiculous ronnie and and he said this was broad daylight and he he couldn't even say the color of the gun that that's apparently a lightning round he out without what i said was true and i'm willing to take the lie detector test i know you can consider that on sentencing your honor but just to prove not that i was right not that i was justifiable but only that i'm telling the truth that's it probably calls the testimony that there was that there was a confrontation in the street that there was a struggle there was some wrestling over the uh over the handgun at the time prior to the uh prior to the shooting i'm going to go with the ten points on that one thank you justin that's all the people's objection uh uh so that's obv6 we reduced from 25 to 10 and both v3 will remain at 25. any others mr obama uh you're on ob19 it basically talks about threat to the security of a penal institution or court or interference with justice or rendering of emergency services judge i would ask that that we scored with zero points uh there doesn't appear to be any threat to a filipino institution or court or interference with the administration of justice or rendering of emergency services in this case judge ob19 has scored 10 points which indicates that the offender otherwise interfered with or attempted to interfere with the administration of justice based on the evidence presented at trial judge everything this defendant did after the commission of the crime was designed to interfere with the administration of justice he attempted to evade capture um going so far as to hide in a clothes dryer judge so that the police would not find him um ten points is certainly appropriate based on the evidence i think there was also testimony about uh picking up the uh case shell casings which would have interfered with the administration of york that's great justice if i may comment on it your honor that's sick like that that's another thing that he made that's why i wanted to take a lot of detective tests and i know that the prosecutor objected to me uh taking one for trial you're on it but in the citizen phase i'm aware that you are able you you know you can consider a lot of detector tests and i i desperately want to take one even for the victim's family so that they can receive the truth because it's unfair that he's that cedric started all this this situation and i i reacted wrong but he get to go free and man he may look to look like a hero he literally get that boy up to do something that cost him his life and me my life and and he's painted out to be the hero and and i'm getting extra time based on these lies that he telling that's why i want to take a lot of detective tests i'll be 10 will be scored or will be 19 will be scored at 10 points thank you what else mr lost judge i don't believe anything else has been inappropriately scored just to summarize uh as i mentioned prv seven has increased from zero to ten total prbs is going from 32 to 42 full offense variables ob 3 will remain at 25 points ob6 will be reduced in 25 for 10 points ob9 uh will go from 0 to 10 points i believe it's still i believe it's still 115 points total correct it's a hundred points the total research would be a hundred well i've got oh i missed the 15 okay we're at 100 the level would remain at three judge and the guideline range remains unchanged okay so we have total prv at 42 total ov is at 100 ob level of the three and uh guideline minimum range 270 to 450 or like that's correct okay anything else by way of guidelines nothing from people no judgment in terms of statements mr clutter you have someone here yes your honor cuts is the victim's sister she wishes to address the foot on behalf of the camera i'm going to need that yes ready all right then we are uh recording this proceeding so you can have a seat please if you would speak directly into the microphone you can adjust it down for you keep your voice up and give me your full name it's by your last name oh here at least that's the utcs and your relationship to the victim i'm his sister okay could you lower that down a little bit more all right go ahead you have a statement that you're reading oh yes it has been a year three months and 22 days since i have seen my brother smile or heard his voice when he was first born i knew i had to protect him and that i would be the one that he'll look up to but on april 24 2017 i failed him i wasn't there to protect him or to catch the bullet to the back of the neck for him i had so much going for him and he had so much to prove i just hate that his life was cut so short i never wanted to he never wanted to disappoint his family and he didn't you may have took my brother away from me but he still managed to graduate high school he still managed to get a job offer he'd been waiting for us that he had volunteered at during school he still managed to get colleges to look at him for football and what did you manage you did nothing but to bring heartbreak to my family my parents lost their only son for what you claimed he tried to prevent you from getting a gun but what happened he was just a kid how do you feel if your children was murdered by a grown man but then again i can't even say you're a grown man because a grown man wouldn't be in these streets selling drugs they want to graduate a high school went to college and try to make a career something that they major in you're a disappointment to your family to the society to your children no i don't want your sympathy because you're not sorry because if you were you were surely told the truth and you're going to plead guilty i hope your knights continue to be restless and you think that the pain that you cause is over something dumb kinney will always be my better half my best friend my heart my poopy not know kenneth cuts as well as kiara did or as well as her parents did um everything they've told me about that this young man um is consistent with what you just heard cara tell you here that he was um doing the right thing and that he was a good student he completed high school that he was a good football player um that he was he was destined for things beyond the kinds of things that happened um on that day judge uh no matter what we do here today kenneth cuts does not come back no matter what we do here today um kenneth cuts his family doesn't get to ever see him again um so we're left with a couple of other things that i'm gonna ask you to consider judge when you're rendering your sentence which is um the need to protect society and the need to deter similar offenses and they need to punish those that's what we're left with judge the need to protect society and the need to deter similar offenses is the most important when we're talking about offenses similar to this one larry walker through his own doing has put himself in a position uh where he's earned a significant prison sentence judge um and and i'm gonna ask you to impose a significant prison sentence in this case um everything larry walker's done since the commission of this crime uh has been in what's become thankfully a failed attempt to get out from under this to uh avoid punishment and to minimize his role in what happened um your honor we i shouldn't have to address this again we've but we've been over this polygraph issue time and time again judge you know that as well as i do um what the defendant says about his willingness to do anything like that number one is simply untrue and number two kind of rings hollow at this point um that's all i have to say regarding that issue judge but mr walker from jump street has either outright lied or drastically minimized his involvement in this shooting that resulted in kenny cutz's death he has never once shown any serious remorse he has never once accepted any level of responsibility for what he did his apologies to kenny's family at this point frankly judge don't really amount to much based on his prior conduct and based on his prior words and his prior actions um what we have here is a murderer that's that's what we have and that's how he should be sentenced judge sentencing guideline ranges 270 to 450 months on the minimum i think kenny cutz's family deserves a sentence of 450 months that's 450 months where they can sleep better at night uh and i think that that should be the minimum sentence judge the very top of these guideline ranges maximum sentence i would leave to your discretion 60 to 17 years is certainly an appropriate tale i would ask that your sentence include that sir bala thank you church your honor the guidelines are significantly very high as we have scored them they are really at the maximum the offense variable level is at the maximum level judge and the reason why the prv level is only a d is because he has no prior felonies this is his first felony conviction judge and we still have 270 to 450 months now judge if the court recollects i had written a letter of deviation to uh the chief prosecutor asking that asking him to see that this was really a second degree murder and not a first and that my client was willing to plead to a second-degree murder uh and if they were to uh allow that to happen unfortunately your honor uh they did not see it that way and we had to go to trial so it's not a case of mr walker is not willing to take responsibility he wanted to take responsibility for something that he did not something that he didn't do okay they charged him with premeditation and deliberation that was not what happened and that's the reason why because this occurred in a combative situation he was willing to believe he was willing to take responsibility he's very remorseful judge as far as empathy is concerned judge i and mr walker completely understand that there is no distress greater than the distress of losing your child there is no uh pain greater than the pain of losing your child this is every parent's nightmare that something could happen someday whether it be in a car accident or in this or in this kind of a shooting so miss walker is very remorseful about that no question about it your honor uh given his guidelines your honor we would ask the court to impose the sentence at the the low end the judge i'm looking at the low end that that number is so high judge that i don't believe if the quote were to impose the low end that i would be still alive uh when mr walker was released eventually mr walker this is your opportunity to hear anything you would like to say prior to something yes sir um first of all i know i don't mean nothing but uh i i i would like to apologize for for the loss of kingdom eugene because uh to his his parents and his family uh i was wrong that out and you know my lawyer he he argued self-defense at trial i i didn't want to plead out way before trial to manslaughter i always knew that i was guilty of something i i do take responsibility for this situation your honor my whole issue is is that i started off being totally scared of this situation that's why you know i was i was not one to cooperate with the detectives i was you know even being dishonest but when i started studying the law as i've been locked up from the court order that you gave me to go to law library i realized what i was really guilty of and that's when i was came around and i said you know i screwed myself i should have took the lie detector test i should have cooperated from the beginning because i wouldn't have been charged with no first degree murder that's through the roof and then you know cedric telling all these saying that i picked up a shell case and all of this your honor his witnesses doug draper the one that i was begging to get to trial he don't know me he don't know cedric you don't know none of us from a candle paint he ain't got no reason to lie he was looking out the window he saw a kingdom running off bad stuff after he after the incident just like i said you rather i'm not saying this to prove that i'm right i'm not saying this to prove that i'm only saying this to prove that i'm telling the truth your honor and that's all i want you to consider your honor is that i'm telling the truth i'm not going to ask for no nothing of the sentencing you know i just want that just just you to know that i'm telling the truth and that's all i want to do and that's it anything further about nothing but the change all right mr uh walker is the obligation of the court winner an imposing sentence to consider punishment rehabilitation the need to protect society to individualize sentencing as well as to deter similar offenses the court has utilized the precepts report as advisory including the sentence recommendations for another guidelines uh which have been corrected on the record as stated i've also taken into consideration the letter that you wrote to me which i did receive and review as well as uh the statements by mrs cutts here today kenny's sister as well as all the information that i've received and not only through the trial but also through the various platings of information that has come along this case has been pending for quite some time um mr walker all i could say is that you took the life of us of a promising young man 16 years old uh worked his way through high school had a future um it was the most senseless thing i could even think of you had every opportunity to turn around and walk away and you continue to go forward with this regardless of what version of the facts that you want to talk about you went forward and you pulled that gun out and you killed that young man mr waterhead it wasn't accidental i didn't mean i'm not a killer you know what i'm not gonna give you credit because you got a bad answer you shot him in the back of the head sentence of the court that you'd be sentenced to the michigan department of corrections for a term of 30 years to 50 years with credit for um zero credit that credit would apply to funny firearm judge correct judge kenneth cuts family will be within 500 feet of their resident school replacement appointment do not contact them by any means of social media by any third person don't send them any letters don't send them any uh don't post anything on social media sir leave the cuts family alone you had to pay 68 in state cost prime victim rights assessment 130 court cost of six hundred dollars three paid court appointed attorney for havala we're showing six thousand seventy five dollars on the last statement that i received that could be judged determining the amount of six thousand seventy five dollars as to uh count two which is the felony firearm it's the sentence of the court that you serve a sentence to the michigan department of corrections for a period of two years uh with 400 and 477 days credit this will be preceding your sentence on count warning you must pay 68 in state cost that's proceeding in consecutive corrections and consecutive years thank you mr walker you're entitled to a public review of your conviction and sentence you have an appeal as of right if you're entitled to have an attorney represent you you're entitled to have you have 42 days in today's day to request the court-appointed attorney should you wish to appeal for should you be unable to afford your own affordable deal you have a notice of the fuel rates for mr walker yellow coming up now do you have a yellow party mr walker has acknowledged received his appellate rights by signing the form and um you

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Length: 36min 48sec (2208 seconds)

Published: Fri Aug 07 2020