Transcription
Good afternoon, Mr. Moore. How are you?
[clears throat] All right. Uh, it's time for our final pre-trials. All right. Uh, this afternoon, we have several uh stolas here for the prosecutor. We've got other attorneys here. Mr. Bush, have we resolved Mr. Castro?
>> I I'll need top of the interpreter.
>> All right. Will you open the Zoom room for us?
>> Um, Mr. Bush, have we resolved Morgan Kinsey?
>> Don't believe Morgan Kinsey's here. What's that called?
>> She is here. She's having
>> She is here. Okay. Miss Clustermanman is in custody. She got arrested for other things.
>> She's in the back. Is that one resolved?
>> She's got jail time. All right. Well, we'll see. Uh, Casey Willis, Luca's in Three Rivers. He texted and he's running a little late. He'll be here. Uh, Brian McDow. And you guys are talking about that one right now.
>> Yes, sir. Um, all right. We got a lot of uncertainty here. Uh, they're opening the Zoom room. Why don't you take your client in there? And Tim will just hurry up and wait.
>> Yes, sir.
>> The Spartans were
>> Boy, that was fun to watch.
>> Uh, Lucas or Colin and I were downstairs. Had the fireplace on and uh, you're always waiting for like something bad to happen. When they got it down to 10, it's like, oh no. Uh, but then when they uh uh, they, you know, open it up again to 20. That Kentucky team is better than that.
>> They got a bunch of really good players that haven't played together. So by the end of the season, that'll be a different kind of team. I think the Big 10's going to be pretty tough.
>> I think it is, too. Get all these early wins we can get.
[snorts] All right. We have the live stream on for reasons I'm not clear on, but uh, thought I thought we were ready to begin. Apparently, we weren't as ready as I thought.
>> [snorts] [clears throat]
>> He said he should Luke said he should wrap up by two. This is the only case you've got.
>> Yes, sir.
>> All right. Well, we're going to do it first. And still no Pablo. I thought there was correspondence with a translator in this file. Interpreter correspondence. No, it's for a previous hearing. Abby, do we have anything that's ready?
>> It doesn't sound like it.
>> Well, we need Luke. Uh, John's got several. Uh, frankly, [snorts] I was hoping all of these would resolve, but maybe I'm too optimistic.
>> And Mr. Moore is talking with his client right now.
>> Yes.
>> All right. [snorts] We're not on the record, but we are on the live feed. So, I'll just let everybody know. I don't know how people did today. Been beat up and battered around. Been sent up, but I've been shot down. You're the best thing that I've ever found. be better if I sang it, but when I read it in that dead fan voice, [snorts] if I sang it in George Harrison's voice, maybe you'd recognize [snorts] It's okay from the other day. You have to kind of get it back into how you hear it in the song.
>> Yes. As opposed to just hearing some. I guess the kind of the point is I would hope everybody would then listen to the song. We'll all share uh a little musical reference. Abby, I don't expect you to know that, but it's a good song if you listen to it. The next line is, "Handle me with care." All right. Thank you all for your patience. We're trying to align all the stars. We've got one person in the lock up and back. Uh, John is in the waiting room waiting to talk to his client, but we don't have the interpreter, so we're just on dead time. Uh, Mr. Ninger is caught in a hearing in Three Rivers. And uh, so we have two prosecutors, some defendants, but no defense attorneys. So we just have to bite our time. I had some nice people that visited this morning from Ontario. They drove six and a half hours to come here, which is just puzzling to me. But they were very nice people. I enjoyed talking with them. Then I had some ladies from Three Rivers that took the morning off to come over here.
[clears throat] And that was kind of humbling, too. They were going to go to Yoders after this. Laura. Any luck with Pablo?
>> [snorts]
>> or Vivian or somebody. Abigail. Oh, Tim, maybe you can tell me what was the blood alcohol in the Ortiz case. 23.24.
>> Is there a plea offer?
>> It would just be less charges with the central prosecutor for higher charge. Yeah.
[snorts] Mr. Castro Ortiz has been here for 15 or 20 years. I thought he would have some English.
>> [snorts]
>> I'll bring Sean in here.
[snorts] John, we're still waiting for the interpreter to join us.
>> Mariela Gomez right now. That's
>> all right. So, you're you're making some progress. All right. I'll put you back.
>> You forgot. But you'll be zooming in.
>> Okay. Mr. Moore, are you ready to transact some business? Mr. O'Dall, would you come up and have a seat, please?
[clears throat] [clears throat]
>> Good afternoon, sir. Are you Brian Allen McDow, Jr.?
>> Yes, your honor.
>> I met you at your arraignment and maybe sometime somewhere over the years. Uh, you're here with your lawyer, Mr. David Moore. Also present is assistant prosecuting attorney Abby Stole. And uh, this is a final pre-trial before the jury trial. The primary case number here is 251792 SD. You're charged with operating while intoxicated, refusing a preliminary breath test, and improper lane use.
[snorts] Uh, the last two are civil infractions that carry fines only if there's a finding of responsibility. Mr. Moore, what's our circumstance here?
>> Uh, yes, I had a chance to speak with the prosecuting attorney today. Um, she will be offering a uh a reckless driving. The balance of the charges will be dismissed.
>> All right. Do you agree with that, Miss Stole?
>> That's right, your honor. All right. Well, let's talk about that. Uh, reckless driving is not necessarily alcohol-related. It could be, but it doesn't have to be. It's a misdemeanor. It's punishable by up to 93 days in jail and a fine of up to $500. Carries six points on your driving record, and it does require a suspension. Mr. Moore, is it a 30-day suspension?
>> I believe it's a 90-day
>> 90-day suspension. um of your driving privilege. Do you understand?
>> Yes, I do.
>> Are you going to plead to that charge?
>> Yes, your honor.
>> Did anybody threaten you to get you to plead to this charge?
>> No, sir.
>> Or promise you anything?
>> No, your honor.
>> Do you understand that if you do plead to this charge, you'll be giving up your right to have a trial front of a judge or a jury. There will not be a trial. Do you understand that?
>> I do. Your honor,
>> if you had a trial, you'd have the right to be represented by an attorney. All you got to do is ask me and I could have appointed one, but you also have the right to hire one of your own choice and that's what you've done.
[clears throat] If you had a trial, you'd have the right to take the witness stand over here and testify on your own behalf. But you don't have to because you have a right not to testify. And if you did not wish to testify, the judge or jury could not hold your silence against you and you have
[snorts] the right to be presumed innocent unless the state was able to prove your guil guilt beyond a reasonable doubt. You understand?
>> I do understand, your honor.
>> I dismiss these two civil infractions. Mr. Moore, I'll let you elicit a factual basis if you would for me.
>> Uh, yes, your honor. Thank you.
>> You are Brian D. Correct.
>> Correct.
>> I'm going to take you back to August 27th of 2025. Do you remember that day?
>> I do.
>> Were you operating a motor vehicle in Park Township,
[clears throat] St. Joseph County, State of Michigan on that day?
>> Yes, I was.
>> And while you're operating the motor vehicle that date and time, um, were you on Wilbur Road here in St. Joseph County?
>> Yes.
>> And did you operate that vehicle in a uh reckless or wanted manner uh that put uh that potentially put other people and uh other people's property at risk of harm?
>> Yes, I did. Specifically, you were driving too fast. Uh, specifically under conditions that you shouldn't have that. Correct. Correct.
>> Where were you going?
>> Home. Um, you were close to home. Where were you coming from?
>> Applebees. I tell everybody take the test. You refused the preliminary breath test. Was there a blood draw here?
>> There was.
>> What was the result? Judge, it was over the legal but
>> [clears throat]
>> Uh, your honor, I believe the lab result is.14.
>> What do you do, Mr. McDow?
>> I drive forklift American Axle. So when you get in a car, you want to drive it exactly opposite the direction of how you drive the forklift.
>> Yeah. Basically,
>> forklifts drives on the back wheels and the car drives on the front. So you got to unlearn everything when you
>> get in your car.
>> I've been doing it for quite a while. Sorry. Permission to approach.
>> Yes. This was in a file. Uh, Mr. Morris filed a uh substance abuse disorder assessment. Um um we also submitted the um victim impact panel and he followed through and did what the assessment recommended him do. Well, this is a very generous plea offer, Mr. McDall. Um, the things I would put you on probation for, you've already done, but this is going to kill your car insurance,
[snorts] but it's better than impaired driving. The irony is the impaired driving would allow you to keep a restricted driver's license where the this one is going to uh suspend it. Although you may have did you lose it for not taking the test? So it's already uh done. All right.
>> Judge uh um in contemplation of many things. Um, he took this because uh any type of drinking and driving conviction would have been catastrophic to his goal to be a pilot. This allows him that chance to still pursue that.
>> All right. Well, there's a wakeup call. Yeah.
>> Um, we've become desensitized to blood alcohol levels. We I had a lady yesterday who was a 096 and she was so disoriented. She was in really bad shape. We routinely see people in the 22 31 very high blood alcohol levels but 0.14 is almost two times the legal limit and good and drunk but just drunk enough that you have no good judgment
[snorts] and uh drive. All right. So there's always more to the story. I'm not going to do a probation. I'm just going to give you a sentence.
[snorts] You spent the night in jail, correct? One day credit, one day. The Michigan Crime Reform Act says we're to presume there is no jail time and no probation.
[cough] things that the defendant has done um would be the things I would have ordered to do on probation. Uh $75 crime victim's rights fee, a $50 state minimum fee, a $300 fine. There is no attorney fee. There's no probation fee. Is there a police reimbursement?
>> No, your honor.
>> Oh, I bet there is. They had to do a blood draw. Did they send anything?
>> I I don't see anything in our files.
>> All right. Well, I'm going to do one. Was there a blood draw?
>> Yes, there was.
>> $200. I don't think I have any bond here. Uh $300 plus 125 plus 200. As far as a drinking driving case goes, that's pretty cheap. $625. Want you to pay that by December 31st. We'll get it done by the end of the year. Do
[snorts] you work for American Axle or one of the ancillary companies in there?
>> No, just American Axle, your honor.
>> All right. Well, you got a good job. You're well employed. Um, you probably get overtime. Um, but often almost every time there's consequences above and beyond just the charge. Those include your license sanction, your insurance rates, your ability to get a pilot's license. All the more reason not to ever do this again.
>> I agree.
>> All right. You're good to go, sir. Thank you.
>> [snorts] [snorts]
>> All right, Mr. Bush. Pablo Bale has joined us. Are we ready to address that case?
>> We can is going to be a pleasure.
>> All right, let's take that matter up. We have Senor Bale.
[snorts] Afternoon. The next matter we're going to address is people versus Victor Castro Ortiz. Victor Castro Ortiz.
>> The file number is 251699 OD. The man on the screen and you met him before. His name is Pablo Bale. You've lived in three rivers for 15 or 20 years. I suspect you've got pretty good English.
>> But this is important business and I want to make sure that you understand everything. Is that okay with you?
>> Yes.
>> All right. I'm going to take a minute and for the second time today, I'm going to swear in Senior Bale. Do you swear or affirm to the best of your ability you'll interpret these matters from Spanish into English and English into Spanish?
>> Yes, I do.
>> Also present is Mr. Timothy George who is the city attorney for Three Rivers.
>> Three Rivers. Timothy George.
>> The charge here is that you were driving a car in Three Rivers on August 14th. while you were intoxicated.
>> Sometimes people just call it drunk driving.
>> In Michigan, it's a misdemeanor. It is punishable by up to 93 days in jail and a fine of up to $500.
>> It carries six points on your driving record and it requires that your driver's license be suspended. If it's punishable by up to 93 days or less, it can be handled by the Three River City Attorney's Office.
>> Three Rivers. If it's more than that, it has to go to the county prosecutor's office.
>> Mr. George, what was the blood alcohol level here? 235. That is three times the legal limit to drive a motor vehicle in Michigan,
>> which means you could be charged with a more serious offense of operating with a high blood alcohol level. It carries a larger fine and a potentially longer jail sentence.
[clears throat]
>> Sorry. Uh, Mr. George is agreeing not to seek to charge that larger crime.
>> If you plead to the simply operating while intoxicated.
>> Is that correct, Mr. George?
>> Yes, your honor.
>> Caesar Senoria,
>> Mr. Bush, is your client going to plead to operating while intoxicated?
>> Yes, sir.
>> Senor Castro Ortiz, if you do plead to this charge today, I won't be sentencing you today. Do you understand?
>> There are other rights that I need to tell you about. By pleading guilty to this charge, you give up your right to have a trial in front of a judge or a jury. right to have an attorney to represent you.
>> Mr. Bush has been appointed to represent you.
>> You could also hire a lawyer if you wished. If you had a trial, you would have the right to have any of the witnesses against you subpoenaed to come to court to testify under oath. You would have the right to testify yourself or have any witnesses on your behalf subpoenaed to come to court to testify. You also have the right not to testify.
>> And
[clears throat] if you didn't wish to testify, the judge or jury could not hold your silence against you. And you have the right to be presumed innocent unless they were able to prove your guilt beyond a reasonable doubt. Do you understand?
>> Yes.
>> Yes.
>> Anybody threaten you to get you to plead to this? or promise you anything. I'm sorry.
>> Were you driving a car in Three Rivers at about 10:30 at night on August 14th?
>> Three rivers. Is that correct?
>> That's correct.
>> You got pulled over at the top of the hill on Portage Street at Fifth Avenue.
>> Yes.
>> Where are you coming from?
>> I was coming from my my cousin house.
>> What were you drinking?
>> Uh, a bush light.
>> Bad light.
>> Bush light.
>> Oh, bush light. I'm sorry.
>> It's cheaper.
>> That's a lot of bush light.
>> Light.
>> How many do you think you had?
>> 8 around 8.
>> August 14th was a Thursday.
>> Did you have to work the next day?
>> No.
>> No.
>> No. Where do you work?
>> Clayton Homes, I think.
>> Clinton Homes.
>> That's a construction job.
>> Yeah.
>> Is this a company construction?
>> Yes.
>> There are a couple things that worry me. This is a weak night.
>> It's a very high blood alcohol level.
>> From beer.
>> Usually when the blood alcohol is that high, it's from drinking liquor. This means you have a lot of practice drinking a lot of beer.
>> You have to build up a tolerance to be able to drink that much alcohol.
>> [snorts]
>> I don't drink. I don't drink. I usually don't drink too much. I don't know what happened to me that day. There been a party in there.
>> There was a party.
>> We were celebrating uh the birthday of my grandmother.
>> Okay, that makes some sense. John, this doesn't
>> Can I add one thing, your honor?
>> Yes.
>> This is more relative to the sentencing, but he showed me today that he completed a 4 and a half hour prime for life class a couple weeks ago. So,
>> that's a good start.
>> He is being proactive. Your honor.
>> Yes.
>> Did we establish the blood alcohol level as part of the factual basis?
>> Uh, we did not. So, thank you. Uh, did they take you to the hospital and draw your blood?
>> No. No, he blew into the machine. Mr. George says the blood alcohol is 23. Will you accept that?
>> Can you accept that?
>> Yeah.
[snorts] See this
>> John? I show that you're scheduled to be here at 10:30 on December 15th, but I don't know that
[snorts] that's accurate. It's JJ Harvey and I thought we'd resolved his stuff. Can you uh tell whether you're here that day?
>> I I don't have a calendar. Andrea should be in the office. I learned Mr. Bush's phone number in 1981, so I can still remember it, but I can't remember something I learned yesterday. I know she's there.
>> Hello, Andrea. This is Judge Middleton. I'm on the bench and John is here with me. I'm checking his calendar for Monday morning, December 15th. Is he available at that time? 10:30 is James Harvey.
>> Okay, I'll put him in there. Thank you. All right. Bye. Yeah, you're here that morning. I'm going to set it for December 15th. So, Pablo, let's start with and I'll interpret or I ask you to interpret. I think Mr. or Castro Ortiz understood most of it, but I want to make sure
>> I called Mr. Bush's office to make sure he would be available on the date I would like to use for the sentence. And that date is December 15th at 11 o'clock.
>> Are you available on that Monday morning at 11 o'clock? You're going to meet with our probation department first to prepare a screening report. The fact that you have done the prime for life class is a good sign.
>> I would like you to take that form out to the counter and the clerks will meet with you regarding coming in on December 15th. Do you have any questions?
>> [snorts]
>> I would like to apologize and u I'm not drinking and I going to try I'm going to try to get everything straight.
>> Well, I'm glad to hear that.
>> We'll discuss it further on December 15th.
>> Can I give you this for the court filing?
>> Yes, that would be helpful. Thank you, Senor Bale.
>> Thank you,
>> thank you, Mr. George.
[clears throat] All right. We still haven't seen Mr. Dinger. I hope we can get here. We've got a couple cases we need to deal with. Uh, Morgan Deborah Kinsey is here. I'm glad to see her.
>> She's going to play the
>> Good afternoon. Are you Morgan Deborah Kinsey?
>> Yes, sir.
>> I met you at your arraignment. This is an old case. 2021 21535 ST. You're charged with failing to report an accident and having no valid operator's license. Uh, apparently you're going to plead to having no valid operator's license at that time.
>> And the prosecutor is going to dismiss failed to report an accident. Is that correct, Miss Stole?
>> That's correct, your honor. The defendant did 15 days in the Cass County Jail with our hold. She has posted $300 of cash bond and this matter is four years old. So, I think we can take care of it with this no ops. Uh, Miss Kenzie, you heard me go through the advice of rights with the last person. Do you understand you have those same rights
>> and you'll be giving those up by entering this plea?
>> Yes, sir. Very good. Were you driving a car way back that day on December 3rd of 2021 here in St. Joe County?
>> Yes.
>> And you got in an accident.
>> You have to say yes or no?
>> Yes.
>> And then you actually walked up and talked to the cops and said, "Hey, I was driving the car."
>> You have to say yes or no.
>> Yes.
>> All right. And you didn't have a valid license at that time. Is that correct?
>> That's correct.
>> All right.
[clears throat] You've had some bumps in the road since then. Is everything in Cass County over and done with?
>> Oh, yes.
>> Where are you living now? Are you the Elcart address?
>> Yes.
>> All right. I'm glad you're here. This is four years old and I want to bring it to a close. My hairstyle is so bad. I'm fraught to fraud isn't the right word, reluctant to comment on other people's hair. But that's how girls used to wear hair when I was young. So that was when I was in high school.
>> The guys used to wear hair like that,
[laughter] too.
>> They did. I had hair like this, more or less. Uh, but I knew some girls I went to school with that had the big froze. As I understand it, you were prohibited from getting out of the Cass County Jail because of our hold. We called the jail today to get those dates correct. What's the status of your driver's license right now?
>> Um, it's
[snorts] currently still suspended, but I am trying to get that correctly.
>> Well, this is going to four years later hit your driving record.
>> So, I that might not help your efforts. This is better than leaving the scene or the other things they wanted to charge. But I'm going to order 15 days jail credit 15 days. I'm going to use that bond money that I have. There is a $75 crime victim's rights fee, a $50 state minimum fee, and a $75 fine. And the attorney fee is $100. That comes out to $300. It posted $300 of bond.
>> What are you doing now, Miss Kinsey?
>> Um, I just take care of my uh my boyfriend who's like recently became paralyzed. I think you told me that at the arraignment.
[snorts] All right. 15 days, credit, 15 days. I used your bond to pay your fines and costs. You probably don't want to come back here anymore. I guess I won't blame you. You're free to go. This matter is over and done with.
[snorts]
>> Thank you. That leaves Miss Clusterman.
>> Yes, it does.
>> Uh,
[snorts] all right. Well, let's bring her in. Is Casey Willis here?
>> No, judge.
>> Um, all right. We'll deal with her in a minute. Luke,
[snorts] we just been taking care of other business while you've been taking care of yours. So,
>> we're in pretty good shape. Good afternoon.
>> Afternoon. Give me a minute, Miss Blerman. I don't move too fast. In fact, I didn't move very fast even when I was young. But I want to look at something. You're set for a final pre-trial today on a charge of domestic assault. Uh, the file number is 251773SM. You know your lawyer, Mr. Bush. Also present as assistant prosecuting attorney Abby Stole. uh you were charged with domestic assault. In the meantime, you got arrested a day or two ago and uh, they brought you over from the jail for this pre-trial. I thought it'd be helpful if you were here. You got three days credit and Judge Stzman gave you some sort of a sentence. So, your out date is November 29th. Is that your understanding?
>> That's next Saturday. So today you got three days. Um, today is the 20th nine. So that'd be 12 days in custody give or take. This matter alleges domestic violence.
>> She also has her initial 28 days I believe in this case. Um, yes. So you would have you got arrested on the 5th. Yes, you do. we have 28 days plus 12 is 40 days. The offense is punishable by a maximum of 93 days. The allegation is that on that day you committed a domestic assault on your boyfriend's mother uh by biting her in the hand. Um, Miss Stole, is there any sort of plea offer here?
[snorts]
>> No, your honor as charged.
>> Uh, you filed a notice of self-defense. Um, and you're going to allege that, uh, self-defense is your defense. Uh, are you when Judge Stzman sentence you, did he revoke your probation or are you still on probation to him?
>> I'm still on probation to him.
>> Okay. Um, well, that's something. Um, where are you living? Because part of the fight was about where you were living. So at Are you on You're no longer on Spring Street.
>> I am. You're on.
>> Okay. Who is there?
>> Hannah Lamb or Roberts.
>> All right. But not all
>> back in Indiana.
>> Okay. All right. So, was there any sort of offer for time served or anything, Miss Stole, or just um
>> I I would have no objection to
>> time served. All right. Uh, as of next Friday, you'd have 40 days of jail credit. Uh, on a 93 day sentence with good time, I think the most time you can do is 75 days. So, Miss Stole says uh if you plead to this charge that the prosecute will not object to do giving you time served. Now, you can plead guilty to the charge and uh I'll ask you some questions to determine that you are guilty or you can plead no contest. You can plead no contest to this charge for the benefit of having this plea offer where they recommend time served. By pleading no contest, you don't have to admit what happened, but you have to allow or accept that a conviction would enter. I won't ask you what happened. I'll get the factual basis from the affidavit of probable cause that was filed by the police officer. So if you wish to uh plead either guilty or no contest, we can do that now. If you wish to have a trial, including a jury trial, we can do that, too. Uh, what's your preference here?
>> At the moment, I don't know.
>> All right. Um, you've been in jail now for about 3 days. Are you going through withdrawal?
>> I'm clean.
>> Are you clean?
>> Well, I'm glad to hear that. Uh, how long have you been clean?
>> Uh, for a couple of months now.
>> All right. What else is going on with you?
>> Uh, I'm six months pregnant.
>> Yes. I have a rule. Don't ever ask anybody if they're pregnant cuz you might just embarrass you and them, but you're sitting here with a baby bump and your hands on it. So, I'm really really glad to hear that you've been clean um uh during this time. Um or I might just leave you in jail myself. Um All right. Well, it's a tough decision and I just kind of threw some new facts at you. When Mr. Bush had talked to you, he didn't have the additional plea offer that the prosecutor did not object to time served. So, um, that's something you hadn't considered. You also didn't hear me explain pleading no contest. Um, if you wish to be in a position to when you get out of jail next Friday, have this matter be over and done with, that's one way to do it. But if you wish to preserve your right to have a trial, we'll set a trial sometime after the first of the year. Problem is that's going to just about coincide with when your baby's going to come. What's your due date?
>> February 2nd,
>> 26. All right. Do you want to talk about this a little more with Mr. Bush?
>> Sure.
>> All right. That's fair enough. Why don't you guys go back in the lockup and we'll address some of Mr. Knowsinger's cases and we'll see what you want to do.
>> [snorts]
>> Good afternoon, Mr. Whittenberg.
>> Yeah,
>> you're looking sharp today. uh you did the first time too.
>> Thank you.
>> Well, it shows respect for the process. People rarely do it anymore, but people that uh want to make sure they're taking things seriously, dress appropriately. Anyway, you're charged here with a having a high blood alcohol level. We've had a couple of these today. Uh that's a misdemeanor. Good afternoon. This is punishable by up to 180 days in jail, fine of up to $750. It requires that your license be suspended and it carries six points. Um, Miss Stole, what's the plea offer here if there is one?
>> The offer would be to plead guilty to OWI first offense. Mr. Nosinger, what does your client wish to do here?
>> Yeah, politely decline. Judge, I would ask.
>> All right.
>> Well, at least he's polite about it.
>> All right, I keep clicking on the wrong file. This happened at about 1:00 a.m. Railroad Street in Michigan Avenue. Is that right behind where you live?
>> Uh, that's right where I live is in my parking lot. parking lot behind your apartment.
>> Yes, your honor.
>> Okay. Um, so maybe that's part of the issue. Uh, what is the blood alcohol purported to be?
>> The PBT was.19 judge.
>> All right. Thank you, Mr. Minger.
[snorts] Um, all right. So, that means we're going to set this for a trial. We can set up for either a bench trial in front of the judge or a jury trial in front of a juror of six people. Mr. Nosing, what is your client wish to do in that regard?
>> Uh jury judge.
>> All right. We've been scheduling our juries um into the next year. We I think we're going to go through this entire year without having a jury trial. We have a couple set for January 10th, excuse me, December 10th, and some problems have developed with one or more of them, and the other one may settle, but we're scheduling cases into uh January and February. Uh, now this is pre Abigail Stole and Angelie Campfield and even Deborah Davis, but Miss Davis been in charge for the last year. Um, so I expect we're going to have more trials next year. Um, all right. I'm just going to ask
[snorts] of 21 days for parties to file their witness at exhibit list. Miss Stole, was it a blood test or a a blood draw or a a data master?
>> It looks like a data master. Is there video? Is there car video or a dash cam video to be
>> I I think there's probably body cam video.
>> Do you have that, Mr.?
>> No, judge. And um my client did share with me something today that I I do intend to tease out that would be contingent upon uh the body cam. The report says there's body cam. I'm not sure if there's dash cam or not.
>> Well, we certainly have it by now. The matter was in August. We had a or in July. We had a pre-trial several months ago. I expect everybody to know the answer to that, but maybe it would resolve the case, but if not, uh, do we have anything else, medical evidence or anything like that?
>> No, your honor.
>> [gasps]
>> All right, Mr. Whittenberg, I'm going to set this for trial probably in February. Uh, but
[clears throat] uh there nothing that prohibits continued negotiation of the matter. I certainly would encourage you and your lawyer to take a look at that body cam video. Sometimes the defendants are shocked with how bad they appear on the video. I've made defendants watch the video as a condition of probation. Um, so that certainly could change things, but you are entitled to have it trial. Um, and that's okay with me. Uh, what's your occupation? You told me before.
>> Oh, I'm a doorline operator at IA.
>> Oh, yeah. and you're about to lose your job
>> somewhat. Yes, your honor.
>> Aren't they closing by the end of the year?
>> Um, they are closing down the door line for Ford mainly. They still have back and Volvo uh semi-truck door line open.
>> So, you're going to might be working into 2026.
>> Uh, possibly. Yes. If I can have seniority.
>> I thought they were closing the whole plant down.
>> Oh, no. They're not closing the whole plant down. That's what they told us so far, your honor.
>> Well, that's good for us and good for men. Uh I miss I thought they were shutting the whole place down. All right. Well, I encourage everybody to continue to do the discovery. Take a look at that. Uh I don't know if there's a 911 call or how this came about. Uh that's a pretty high blood alcohol level. two
[snorts] times and a half the legal limit. Um, but there may be an issue about whether you were driving or not. Uh, sometimes that's the issue. Uh, the two best defenses to drunk driving were I wasn't driving or I drank after the accident. Um, but other than that, it's kind of a hard defense to make. All right. Uh, we'll set this for trial. I don't have a date to give you right now. Mr. Ninger's got other obligations in circuit court and I don't want to set a date when he might have a felony trial on the same day. So, we'll have to work that out. But, you've been very good at staying in contact with your lawyer. Continue to do that. Take a look at that other evidence. See where we want to go here. So, the offer reduces it from high blood alcohol to OUIL. First, it reduces the fine and sentencing maximum, but it would still carry six points and suspend your license. Uh, there's one step down known as impaired driving,
[clears throat] and we haven't got to that step. So, we're stuck at this one. So, I will set for jury trial after the first of the year. You judge. Thank you, your honor.
>> All right, take care.
>> M closeman, will you come? Oh, are we done with Casey Willis? What do we do with that?
>> Yeah, judge. She uh failed to appear. I don't know if she would make a record.
>> Well, she was up north.
>> She was judge. Um I represent her on the felony case that's pending, too. And she missed a status conference there. She missed the status conference in circuit court.
>> Yeah. And unfortunately she has two cases pending count and I checked the
>> All right. Well, let's uh make a record then. People versus Casey Elizabeth Willis. I was hopeful to resolve this one today. It's a domestic assault. Oh, maybe I got my facts mixed up. No, this is the client that built bit her mother-in-law in the hand, not Miss Clusterman. Um, so maybe I confused her and wanted to go back and address that. All right. Uh LPT Luke Ninger defant failed to appear also failed to appear. When was the status conference?
>> Uh October 27 28 judge.
>> All right. Yes. October 27, Monday morning. and do a bench warrant bond $1,000 cash or shy or see judge. Think she already has a circuit court bond. This case is already old. It's a 2024 case because
[snorts] the defendants been awall several times. And here we go again. All right. Uh Casey Elizabeth Willis, if you hear this, you need to contact your lawyer, Mr. Nosinger. We have bench warrants for you from the circuit court and also the district court. Best way to deal with that is to come in and deal with it. All right. Thank you, Luke. Thanks, Judge. And Miss Cloterman should come back up. And I apologize. I got my cases mixed up. He didn't bite anybody in the hand. In fact, I don't know if I ever knew what you did. The bond information. Oh, here we go. Oh, yes. This is where you're alleged to have pepper sprayed uh your former boyfriend. Um so the allegation is that you pepper sprayed uh Mr. Sha Bala uh not bid anybody in the hand. Um, we discussed the prosecutor's offer of time served. We also discussed a no contest plea. You had an opportunity to talk about this further with Mr. Bush. Um, Mr. Bush, what would your client like to do at this point?
>> Court, please. She wants to do the no contest plea. Need to put on the record, she is on probation and she could be to probation. Good point. I don't
>> Yes, she was on probation when this happened. That was from 23 and this happened in 25. Um, so this could be a violation of your probation, but they already knew about it and Judge Stzman already gave you a sentence and continued your probation. So I don't envision that they would do another probation violation, but technically this could be a violation of your probation. Do you understand?
>> Yes, your honor.
>> Now, I talked to you a lot here this afternoon. Did I threaten you to get you to try to plead to this?
>> No, your honor. or other than this plea agreement about time served, did anybody promise you anything?
>> Oh my god.
>> Now, you weren't in here. I went through the advice of rights a couple of times. Do you understand that by pleading to this charge, you'll be giving up your right to have a trial in front of a judge or jury that will not be a trial. Do you understand that?
>> Yes, your honor.
>> If you had a trial, you'd have the right to be represented by an attorney. Mr. Bush is here to represent. You could also hire an attorney of your own choice if you wished. If you had a trial, you'd have a right to have any of the witnesses for or against you subpoenaed to come to court. So, they could be questioned under oath. You would have the right to take the witness stand and testify in your own behalf, but you don't have to because you have a right not to testify. And if you did not wish to testify, the judge or jury could not hold your silence against you. And you have the right to be presumed innocent unless the state was able to prove your guilt beyond a reasonable doubt. You understand?
>> Yes, ma'am.
>> All right. Are you willing to plead no contest to that charge?
>> Sure.
>> All right. Now, let's look at that booking form. It was prepared by officer Matthew Britain of the first police department. They went to Spring Street where you were living with Hannah Lamb and she called the police. She woke up to Alisa Clueman yelling at Alex Shabala to get out. She went to the kitchen and she saw Clustermanman pointing a can of pepper stray at Shabala. Shabala pushed Clusterman at that time. Shabala told me he had dated Clusterman for about a week. He came home and the doors were locked. He knocked on the door said he opened the door and she sprayed him with pepper spray um to teach him a lesson. So they took you to jail and then they had to struggle with you a little bit. That was in September. Were you pregnant then?
>> Yes.
>> Were you high then?
>> No.
>> You hadn't been drinking or using drugs?
>> No. Only Alex.
>> All right. Um and you're no longer with him?
>> No.
>> Is he the father of the child? Um, Miss Stall, have you guys received any input from that complainant?
>> We haven't, your honor.
>> What happened to him? Did he go to Kazoo or something?
>> I heard he went to Cash. He had a warmer out there.
[clears throat]
>> [gasps]
>> Now, as a domestic violence, this will prohibit your right to use or possess a firearm.
>> We discussed that.
>> Uh, do you have any concern about that?
>> All right. I'm just going to let you out of trail here. As of right now, you have 31 days jail credit. I'm going to order 40 days jail credit. 39,
[clears throat] excuse me, 31.
[snorts] That should come out concurrent with start over.
[clears throat] I don't want to get you hung up on the order 38 days, credit 31. So your out date is nine days from now. I just gave you seven additional days of jail. So, I think it's going to come out close to the same. Now, I've met you before and you're our quintessential sparrow in a hurricane. You're struggling. You're about to have a baby. Where are you going to go when you get out of jail?
>> Um, Hannah let me back at her place, so I'm going back there.
>> Now, she's your friend.
>> Yeah.
>> Where is your family? Um,
>> I don't talk talk to the
>> Where are they from?
>> Men.
>> Men? Oh, yeah. You told me that. Um, is the child's father involved in your life at all?
>> Yes.
>> All right. So, he's going to be involved in the birth of this child?
>> Yes.
>> Fine is zero. There's a $75 crime victim's rights fee and a $50 state minimum fee. There are some questions I'd like to ask you about it, but it's a no contest, please. So, I'm just going to leave it as it is. Concurrent with your felony case 24. Who's your probation officer?
>> Bobby.
>> All right. 25 274 FH. I'm going to send a copy of this judgment to Bobby Nuland
[snorts] so she knows what happened. So, I'm worried for your safety and your well-being and what's going to happen. One of the things you need to do is stay clean for you and your daughter or your child's sake. Uh, I hope you're going to be okay, but uh 40 days concurrent with what you already did. I'm not going to do anger management or any probation. You're already on probation. And that pleases me that there's at least somebody monitoring what you're doing. All right. Do you have any questions?
>> No.
>> All right. You're good to go.
>> Thank you.
>> Thank you, John.
>> Thank you. I'll stop the live, Abigail. I'll tell you. We'll be back in the morning with a