Unapologetic Defendant Faces Powerful Victim Statement!

cr6673 all right I'm showing you the plea bargain page that you review that with your attorney that you understand it according to the plea punishments be assessed at four years uh the state recommends Community Supervision there's an affirmative finding of Family Violence no contact with Charles Tompkins and Wendy Kennedy did you understand what the affirmative finding of Family Violence you're not allowed to own or possess any weapons or ammunition yes ma'am guilty and the court is going to find you guilty are you proceeding with sentencing we could judge what it why did you do this I did not do it but oh you want a jury trial no I mean uh because it's bruises on his body it's saying he has bruises on his body yes ma'am I really understand that that's what I was told but he didn't have business when he left my house but um taking it because I just do not want to be in Bear County anymore because apparently uh toilet paper is contraband yeah but I'm talking about you hitting your stepson did you hit your biologic have you ever hit your biological song I don't believe in the capital Watchman well no this is not capital punishment it's corporal punishment banking or corporal punishment at all but so you're saying he's making up the fact that you hit him the officers are making up the fact that he had bruises on his back and his thighs and he's making up the fact that you then made him copy a dictionary three pages all right anything else from either side nothing for the church all right this is what the court is going to do the court is going to sentence you to uh four years in the prison suspended and probated for eight years uh there is going to be an affirmative finding Family Violence there should be no contact with Wendy Kennedy and Charles Tompkins t-h-o-m-p-k-i-n-s the bipp program CPS compliance if applicable parenting classes with triple p 100 hours of community service restitution proof of employment within 30 days there should be no employment as a home health care provider or with minors no unsupervised contact with minors until completion of parenting classes regular reporting by Zoom or in person regular uas Phil visits one time every three months I want it random until further notice probation is there anything else he needs anything else you need from the court oh what are upset party classes of all my children I grew up my understanding is that you have a stepson and then you're with according to this report you're with someone else who has children that's what this police report says so you're saying you don't have any underage children no yeah and uh the child in this case is not underage well yes okay then you need parenting classes because there are plenty of women out there who will see you as a great catch and allow you around their children okay I understand and 120 days in the Bexar County Jail as a condition Tony Woodson titled trial court certification of defendants rights to appeal did you review that with your attorney did you understand it and did you sign it because it's a plea bargain agreement because I followed your plea bargain agreement because you waive your right to appeal you do not have the Court's permission to appeal and because this is a felony conviction you're not allowed to own or possess any weapons or ammunition if you have a question of what a weapon or ammunition is you need to speak to an attorney and also because this is an affirmative finding of Family Violence you're not allowed to own or possess any weapons or ammunition do you understand yes all right good luck to you and judge on that 120 days credit for time served no all right the violence that took place against trials changed our lives forever I met you were a father figure to him his father's best friend and on that day you stole so much from it it took a year for him to not have a nightmare every night everyone wants to physically heal from the bruises and he still has not recovered from it mentally you said you loved him and that you would protect him no matter what and instead the rage and abuse bestowed on him shows that you are the person he should have been protected from Charles looked up to you and loved you since you were around so much after his father your best friend passed away in 2016. he barely has memories of his father and it breaks my heart that all the good memories he has from you are now destroyed by your abusive behavior that day not to mention how you traumatize Archer who was only three at the time he still remembers and talks about it it also took almost a year for him to stop having nightmares waking up screaming and crying and checking on his brother to make sure he was okay your actions tore your family apart and you need to accept and take responsibility even though you did even though you know you did this right after you harassed me spammed my cell phone number out on the web so that people would call me and text me for sex and try to justify all your actions you need help and I pray that you will get help the torture you bestowed on us no human should ever have to live with and go through I will keep you in my prayers that you will accept and admit everything that you did and not make excuses so that you can heal from this and move on with your life 1023 cr0058 state of Texas versus Jose De Jesus Gallegos can I have parties announced for the record for the state but what on behalf of Mr Gay English present we're ready to judge are you Mr Gallegos yes all right she entered a plea of no contest on May 1st and we're set today for sentencing according to the plea bargain agreement the state is recommending deferred adjudication all right Council are you ready to proceed yes judge all right anything you wish to say on behalf of your client judge just the reason we didn't go into the plea or the sentencing when we were in here earlier is he is not a U.S citizen so we had Mack and Bob they prepared me about a six-page memorandum on his immigration consequences and he and I he has received a copy of it we've gone over it we're in agreement to proceed today all right Mr Gallegos are you asking to proceed yes all right and I see that we don't have an interpreter here and I know I always ask if someone needs an interpreter uh but just so this record is complete clear are you able to understand the English language yes and were you able to review all these documents in English yes perfect the only other thing judge 29 years of age married two small children went to the 11th grade he owns his own he's the owner operator of a paint and body works here in town all right and is CPS involved or no no how many children do you have Mr Gallegos what are their ages seven and two all right and if you're drug tested today what are the results going to be they'll probably be positive for marijuana and what else uh marijuana that's all yes okay so three years to further adjudication fifteen hundred dollar fine probated taking consideration 2023 CR 3054 100 hours of community service restitution I'm going to ask for parenting classes and that will um once he completes parenting classes the community service hours will be deemed satisfied uh probate I'm sorry um State you're asking for DWI conditions yes you are all right so you want DWI education yes Victim Impact or no yes I mean all the conditions that would apply to the record a licensed suspension or no no okay so there's a DWI education uh Victim Impact Panel I'm going to want um 90 sober meetings in 90 days a tap evaluation I'll follow the recommendations of tap but if it says inpatient treatment we'll start with supportive Outpatient Treatment Theirs to be regular uas test for levels regular reporting by Zoom or in person field visits one time per month until further notice proof of employment within 30 days no employment as a home health care provider or with minors probation is there anything else he needs is there anything else you need from the court to be successful no anything you want to say about the drug test before we do a direct test um that I'm going to come up positive for for marijuana and that's it yes yes ma'am I hope what do you mean you hope uh well I mean I'm not sure how long does it take for for cocaine to get out of your system even though I was charged with that okay all right we're gonna see what it is I'm going to show you what's entitled trial court certification of defendants rights to appeal did you review that document with your attorney did you understand it and did you sign it all right because this is a plea bargain agreement because I followed your plea bargain agreement and because you waive your right to appeal you do not have the Court's permission to appeal do you understand all right we can go off the Record here's the thing you have children at your house you can't be smoking marijuana because guess what even if you smoke marijuana and it's in your backyard or not at your house the children are going to smell it and their little brains are developing and you don't want their brains to be smoking marijuana would you give your children marijuana to smoke no man when you come in from outside smoking marijuana that's what you're doing you might as well pass them a blunt so you need to stop yes they don't need to be around that and they need you to be 100 focused on them because everything that you do children imitate that's how they learn to speak when you see a little child who who's using profanity you know where they learn learn that from people that they're around so you're gonna have to be a better parent a parent that they can be proud to say that's my dad you understand yes sir all right good luck Tony CR 5003 state of Texas versus Stephen Allen Smith can I have parties announced for the record for the state driver's thanks to the state agents defense Amir Memorial honor and are you Stephen Allen Smith Mr Smith I'm going to show you what's entitled lotion to revoke Community Supervision and First Amendment motion to revoke Community Supervision did you review that with your attorney did you understand it are you the same Stephen Allen Smith who was placed on Community Supervision in 2022 cr5003 for the offense of assault family choking strangulation on September 20 2022 for a term of five years is that you yes ma'am all right state violated condition number four and Bear County Texas Independent Stephen Allen Smith they've been in there mailed a report to the supervision officer as directed for the months of November December 2022 in violation of position number one how do you plead to that true or not true true honor a single wave and abandon the Thunder allocation all right Mr Smith did you understand by pleading true to violation of condition number four Court could find it true grant the motion incented you to five years in the prison did you understand yes knowing that do you still wish to plead true to violation of condition number four qualifying violation of condition number four true is there an agreement agreements is uh that you grant the motion revoke the defendant's probation sentence the defendant to three years in TDC and taking that into consideration the state will make a lotion to dismiss on cause number seven County house number 707-669 and grand jury number 797070 all right so stay I'm just writing that down and those numbers you're calling out were very quick so can you imagine the court reporter we're supposed to be making everybody's job easy today so what cause numbers are you taking in consideration my apologies that is County Clause number 707 -66 and grand jury number 797-070 oh I got it right the agreement yes your honor are you asking the court to follow this agreement Mr Smith yes ma'am are you waiving your right to appeal yes ma'am all right probation uh has he done anything on probation other than not report Ed no all right what have you done I have not done anything since operation room all right can you raise your right hand for me please do you solemnly swear affirm the testimony again will be the truth and nothing but the truth will help you God all right you can lower your hand state your name for the record death announcement all right why have you done nothing for probation um I had a drug issue and didn't want to go into a report to take drug tests so I just didn't go see I don't understand that because I allow people to uh communicate if they have issues if people have a drug issue I'm like come in let the court know we will get you treatment uh probation yes he just reported from his initial visit information material so what do you think you deserve I can give you up to five years I would like to get a chance to be you know contributing everyone please whisper we're on the record I'd like to give it a chance um to go into the three years in TDC and then come out and become a conservative society and uh turn my life around all right this is what the court is going to do what is um gonna Grant the motion there's an affirmative finding of Family Violence taking consideration 707-669 grand jury number 797070 and I'm sending you to four years in the prison and give you credit for any time sir Mr Smith the problem is you did nothing I mean you really should be receiving the five years because you did nothing except for report one time you understand I'm going to show you what's entitled uh trial court certification of defendants rights to appeal did you review that with your attorney did you understand it yes yes ma'am all right this is not a plea bargain agreement you do have a right to appeal that right to appeal is as it relates to the allegation in the motion not the fact that you were on probation do you understand yes sir all right because this is a felony conviction because there is an affirmative finding of Family Violence 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 to an attorney do you understand uh if you have a drug issue if you want I can recommend you for the therapy Community it doesn't increase the time that you're in custody but if you're accepting the program they can help you with any drug issues you have would you like me to recommend the Therapeutic Community yes all right so you're still going to have to request it though you understand yes sir all right good luck to you do better all right yes I want to make sure that uh Mr Smith is aware of this the court sentenced me for four years that's within the discretion of the department right yes I just want to make sure that's clear all right thank you maybe Excuse me yes thank you please subscribe to help the channel

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Id: G20neLYPtD0

Length: 18min 5sec (1085 seconds)

Published: Thu Jul 06 2023