Transcription
[snorts] Good morning, judge.
Good morning, Mr. Phelp. [clears throat] May I come up?
Yep. Our interpreter is here.
And uh Brian Ker. All right, looks like we're ready to start our uh cases. We have five this morning and uh Try not to sneeze.
Morning. Hi. Hi.
Check on in.
I managed to avoid falling. So, or going in a ditch.
Yeah. Matt said it was pretty icy. Judge, did you ever get a chance to look up that CARTT C A R T treatment that I
or did we do that maybe in your own?
We did a
little bit.
I told somebody else about it. We were on a live share, but
it looked pretty interesting. And in fact, I shared with my wife later.
All right. Um, [clears throat] this is the time and date set for sentencing in the matter of Brian Vladimir Shakhan Matso. Briano.
With us on the screen is Senor Pablo Baleo. He is a court interpreter.
Pablo.
You met him at the time of the plea. He came back again today to help us with the sentence. First, I'm going to ask him to raise his right hand and swear as an interpreter. Do you swear affirm to the best of your ability you'll interpret these matters from Spanish into English and English into Spanish?
Yes, I do. Would you state your name for the record, please?
Pablo Veo.
[clears throat] Also present is Senor Shakon Matso's attorney, Mr. J. B. He felt
JP J Phelp
J Phelp I'm sorry.
Also present is Daniel Frzine from the probation department who's prepared the screening report. And I'm very pleased also to have assistant prosecuting attorney Angelie Campfield.
We have five very difficult drinking driving cases this morning. This defendant has no driver's license.
Continues to drive. No.
Well, up to this point.
I'm not driving anymore.
Good.
This is a bad set of facts. They're all bad today.
He was also charged with resisting obstructing the police and that charge was dismissed.
[clears throat] Uh, Mr. Fel, what would you like me to know?
I
think my apology [clears throat and cough] interrupted. I think you made one particularly accurate observation when we were here for the sentencing or for the plea, your honor. Now, you are of course correct. It's a bad set of facts. But nonetheless, when a suspect or a defendant flees or fails to stop, they are literally inviting charges on anything and everything from the police and they usually get them because the police are understandably upset. That that's not an excuse. is just an observation. I I share that simply because [clears throat] the charges were in fact dropped. So I'm just going to say they were perhaps somewhat skinny at least or thin on the facts.
[snorts] But more importantly, what we're here on this is drinking and driving. And as you observed, it's a bad set of facts. Brian should not be driving first of all as you pointed out but in particularly should he certainly shouldn't be drinking and driving and he had too much to drink that day. He readily admitted it to the point of not recollecting very well.
I'm sorry
that's a lot to translate. Yeah. Um, all right. Uh, do what you can, uh, Pablo, and then we'll start over in shorter sentences. That's what I got.
All right. Go from there, Mr. Felt, if you would, and speak more slowly. Translate that. I'll just make a much shorter statement.
Judge
Brian was intoxicated to the point of not remembering much of what happened. And I would submit had he not been so intoxicated, the rest of the circumstances most likely wouldn't have happened.
I agree with that. He is guilty of drunk driving. He pled to that, your honor.
Can you repeat that? I'm sorry.
He is guilty of drunk driving and he pled to that, your honor. And as the file should reflect, he did serve 12 days in lie of posting bond. I can tell you the jail time had an effect on him
in getting his attention. And as he mentioned, he has not consumed alcohol or driven since this happened.
[clears throat] I don't think he needs more jail time to reinforce the lesson. And [clears throat] I think he will be a good candidate for you on probation. All I have drawn.
Thank you.
Miss Campfield. A couple of things that concern me in this case.
There was a hit and run accident that he left the scene of. I don't have a lot of information about that accident. blows through a stop sign. gets pulled over by the police after a short time.
[snorts] Gets out of the truck. Ignores the commands of the officer. Officer draws his firearm. She has a loaded gun pointed at the defendant
when some of this happened.
That's so very dangerous. Miss Canfield, what's your thought here?
Your
honor, I agree with the court's assessment of the dangerous points of this whole incident. First of all, leaving the scene where you've struck another vehicle
and then physically resisting an officer to the point that you're handcuffed on the ground under a weapon. The blood result was a 0.150 which is almost twice the legal limit.
It was 167 at the PBT.
Correct.
All right. Stop. Sorry. and he's fortunate that the felony offenses were dismissed by my office. The defendant not only endangered himself, but the officers on the scene. struck and others on the road. as well as his recommendation for sentencing. I frankly think additional jail is appropriate in this instance. or 12 already served
in addition to the probation and remaining recommendations of Mr. Freine. I would like to reserve restitution for the vehicle that was struck in the event it is submitted. Thank you, your honor.
Mr. Fzine, um, you prepared the screening report and, uh, there are some concerns I've expressed. What else would you like me to know?
I think pretty much all the highlights, if you call them highlights, have been pointed out. Obviously with the events of that day and his [clears throat] past driving record, which he shouldn't have because he can't drive. It poses some grave concerns for any continued driving for the public.
And I'm not sure how this will affect his status. But as I pointed out, often cases that are similar to this, if you're here and you have issues with your um citizenship or being documented or not documented, you would think that you'd want to follow the law of the land even more so. Um, I do believe that Mr. Matzo is still pretty young and I do agree that you could justify more jail time here, but I was not comfortable with just giving him a jail and not putting him on term of probation. And I would hope that no matter what uh jail sentence is assessed by the court that he would at least consider a term of probation for Mr. Matel for the safety of himself and the community. is there anything you would like to say to me.
[snorts] [clears throat] I I would like to apologize and say that I I feel sorry.
Thank you.
Gracias.
Mr. Fzine touched on this. [clears throat] We've had dozens if not more than a hundred
cases with young Mexican men
or Central American men
the Central America
without lawful citizenship
without a valid driver's license.
Driving drunk and being arrested this year 2025. very reckless.
They're all at risk of being deported.
Immigration is just looking for people to deport. They get drunk and drive around and get in a crash and
and it doesn't seem they don't seem to get it.
This defendant has no valid driver's license. and as far as I can tell has never had one, at least not in America.
He's here unlawfully and has been deported at least once, maybe twice. In 2022, he's driving 75 and a 55. Then he gets another ticket in 2022 for 73 and a 55. [clears throat] He got another speeding ticket in 2023.
He got stopped in 2023 again in May for driving without a valid license. And in this case,
the police wrote him five tickets.
That's how you know they're mad. They write five tickets. Multas [snorts] disobey a traffic signal. That's for blasting through the red light. Improper passing. Driving without a valid operator's license. [clears throat] [snorts] Leaving the scene of a property damage accident. reckless driving [clears throat] and another charge of leaving the scene of an accident.
All of those charges were dismissed for the plea to this charge. The defendant was driving what appears to be his father's company truck. He shouldn't have been allowed to drive it in the first place.
But this is just like any other day. He just drives and has been for the last three years. Anyway,
his father is here and another friend He has people that love him
and don't want to see him deported.
[snorts] What concerned me the most about this case You're in an accident. You crash into another car and you leave the scene.
You're so drunk you go run through a red light. You're staggering around outside the car being uncooperative with the police. You didn't obey the commands of the police officer.
There may have been a language barrier. But at some point he's got you by the collar and he's got a loaded gun two feet from your back pointed at you because you wouldn't cooperate with them. It's all on the body cam video. That is so reckless and dangerous.
[clears throat] All five cases today are sort of like this.
Fact, there's one even worse than this one.
[snorts] [clears throat] I had the same thought as I'm going to order 30 days credit for 12 days. There's a $75 crime victim's rights fee, a $50 state minimum fee.
[snorts] A $100 screening fee,
$250 police reimbursement. They had to take you in for a blood draw. Let's add that up. and a $20 fine
that comes up to $500.
[clears throat] You posted $500 of bond. I'm not going to order a probation.
If you get deported in the next 18 days, it won't be relevant. If you don't,
[snorts] you need to know you can't drive a car under any circumstance.
And if anyone lets you drive their car, they should also be charged. Uh,
you can go with the court officer.
18 days carries good time credit with it.
He may be released in about 15 days would be my guess.
[clears throat] Good luck, sir.
Thank you, Mr. Fel.
Thank you, Governor.
Thank you, Pablo.
Thank you, Byebye.
[snorts] In reading the reports today, I felt like Oliver Douglas in Green Acres that I'm the only sane one and everybody else is crazy. Or maybe I'm the crazy one and everybody else is sane. We become so desensitized to the drinking driving cases we're getting that we're losing our perspective. I didn't want to do that through an interpreter, but um we just seem to lower the bar so low that um we some of it's a legislature, some of it's the time we live in, and some of it is uh [snorts] our own perceptions of things. Thank you, Mr. Felt. We have another interpreter case which is going to be even more difficult than the one we just did. Uh we've yet to actually take the plea. Mr. Workman, are you ready?
We are. I think uh step out of the probation officer on that one.
All right. Why don't we bring your client up and have a seat? John,
I have lot. Do you have a report? Perhaps I could.
I do. If you go in and ask Laura to print one for you, she will.
Thank you. [clears throat] Uh Autumn did that one and she's not here yet. But
I think maybe that's what he's doing is giving you another.
And your honor, I have another matter, but not till 11.
Oh yes, there's another difficult one.
I understand.
Uh you specialize in difficult
today. I do.
You specialize in being difficult. [laughter]
It's a different issue. Yeah,
I'm surprised that's not a felony case. Um, that's the one I thought, where is my disconnect? A one day jail recommendation on a try to keep our cool here. All right. The next matter we're going to address is entitled People of the State of Michigan versus Escandar Patel. Could you translate please? We have with us today a certified court interpreter from a service translate interpreter.
And what language are you going to interpret for us
in Gujarati?
Could you say that again? Gujarati to English.
Could you spell that for me?
Gu U J A R A T I.
Gujarati.
And would you state your name please?
I am Nandini.
Nandini. What's your last name?
Maha. mhta. [clears throat]
You please raise your right hand.
Do you swear or affirm to the best of your ability you will interpret these matters from garisi to English to the best of your ability?
Yes, I do. Are you at Squendar Patel Patel?
Yes,
you're here with your lawyer, Mr. Justin Workman. We're going to need to be faster than this or it's going to be one o'clock before we finish. All right. My Is it true that you're here with your lawyer, Mr. Justin Workman?
Tamaru lawyer A. Justin Wman.
Yes.
You got arrested on June 23rd of 2025.
Yeah. June 23rd, 2025. Tamaru accident.
Yes.
You were charged with operating with a high blood alcohol level.
Your blood alcohol was very high. Alcohol
three and a half times higher than the legal limit. The prosecutor has agreed to dismiss that charge. Lawyer dismissed
for a plea to a lesser charge of operating while intoxicated in Michigan. That is a misdemeanor.
[snorts] Uh could you repeat sir?
In Michigan that is a misdemeanor. No.
Uh divas.
Uh senior Mr. Patel, do you understand everything that's being translated?
Yes. You might as well let Tab know. It's very unlikely I'm going to make that [snorts] meeting at noon.
Okay.
I'm going to be in here till 1:30. Um, are you going to plead guilty to that charge of operating while intoxicated? accident.
He wants to know he wants to know when we are talking about
June 23rd of 2025. Sure.
He says he was drunk that day.
All right. Um, did anyone threaten you to try to get you to plead guilty to this charge? Can you repeat the question?
Did anyone threaten you to try to get you to plead guilty to this charge? [clears throat] guilty manuan dump dump don. All right, please stop.
I don't want you to have a conversation in a language I don't understand.
Uh, he couldn't understand the word dump. He heard it wrong. U, he says no.
All right. Because I don't know what you're telling him. Senor Mr. Patel, do you understand that by pleading guilty to this charge, you will give up your right to have a trial?
Yes. He says he was drunk. He pleads guilty.
Yes. I just want you to translate what I say into a language he understands.
So, let me say this again. Do you understand that you will be giving up your right to have a trial if you enter this plea of guilty?
Yes. Yeah.
All right. Let her finish, please. Yes, I finished, sir.
All right. I believe you have quite a bit of English.
Uh, some words cannot be translated, sir.
But I want to make sure that you understand everything.
Yes, sir, I do.
We use the word trial in Gujarati, too.
All right. And for you, madam translator, I only want you to translate what I say after I say it.
Yes, your honor.
If you had a trial, you would have the right to have a lawyer. You have hired a lawyer
and that is fine with us. If you had a trial, you would have the right to testify.
Trial.
He would also have the right to not testify. [snorts] If you did not wish to testify, Judge are the judge or jury.
Yes,
Judge T Joe Ko. Um, could you please repeat, your honor?
All right. Yes. These are unfamiliar terms. If you did not wish to testify, [clears throat]
okay,
the judge or the jury could not use that fact against you,
judge. Um,
you would have a right to have any of the witnesses called to testify under oath.
Witness. Could you please repeat, sir?
You would have the right to have any of the witnesses called to testify under oath. Maru witness. Not
no witness.
All right. And you have the right to be presumed innocent.
Uh right.
Unless they were able to prove your guilt beyond a reasonable doubt. up and thigh.
Were you driving a car
in St. Joseph County?
Uh, St. Joseph County
on June 23rd of 2025. Tar June uh 23rd uh
Yes.
Had you been drink Yes.
Yes.
What were you drinking? [clears throat] Think you drank?
Half a pint.
And did you get into a car accident?
Accident?
Yeah.
Yes.
And did the police take you to the hospital and draw your blood? Yeah.
Blood test.
Yeah. And do you accept that your blood alcohol came back as 289?
Tamaru test 2.89. S.
Yeah. This is another case where we have an accident and a very high blood alcohol level. I find that there is sufficient evidence to accept your plea to operating while intoxicated. Could you please repeat, sir?
I find that there is sufficient evidence to accept your plea of operating while intoxicated.
Now we have to impose the sentence. standard is it? [snorts] Attorney workman, what would you like me to know?
Your honor, we have a substance abuse assessment through Kalazoo Psychology.
[snorts] You have to continue to interpret so the defendant can understand.
Sorry, sorry, I didn't know. Yeah, I didn't know that. Okay.
Could you repeat?
Yes, we have a substance abuse assessment through Kalazoo Psychology.
Okay. Uh substance what is it? abuse.
Could you repeat?
We have a substance abuse assessment through Kalazoo Psychology.
Uh, psychology. What did you say? Substance abuse psychology is it?
Yes. and a substance abuse assessment through this county.
Uh county Both of those assessments recommend Mr. Patel participate in treatment services.
Uh Mulan tamaru treatment is it?
Yes.
Uh could you repeat that again? I didn't get you. Both assessments indicate Mr. Patel should participate in treatment services.
Okay. Uh assessment. Mr. Patel acknowledges this and is willing to do treatment. Huh?
We are asking this court to follow the recommendation of the probation department and sentence Mr. Patel to a probationary term with any treatment services the court feels necessary. Miss Campfield, bearing in mind the limitations of our current circumstance, um, [clears throat] Madame Prosecutor, what would you like me to know?
Just a minute. Please translate that. Madame prosecutor, what would you like me to know?
Uh uh prosecutor is
uh could you repeat that sir?
Madame prosecutor what would you like me to know?
Uh prosecutor uh G tang. [snorts]
Let me say this. I plan to follow the recommendation recommendation follow. I have had an opportunity to read the reports [clears throat]
report and I believe that Mr. Patel is on the way of losing his life to alcohol. Uh Mr. Patel Darw could you repeat madam?
Yes. I believe he is on his way of losing his life to alcohol. Uh M Mr. Patel, you are going to die if you keep drinking like this. Do you understand that?
Yeah.
Your honor, I agree with the recommendations but would request additional jail time. Uh They you agree to recommendation.
Correct. But I request additional jail.
Additional jail. Okay. Uh prosecutor Mr. Patel. Huh? He doesn't want to go to the jail.
No, I believe that.
You were in a very bad accident.
You could have killed somebody. or killed yourself.
Your your blood alcohol was three and a half times the legal limit. You don't get to not go to jail because you don't speak English. I'm going to put you on probation for 12 months. Uh bar name. [snorts] So dollar fine
$125 of cost to the state of Michigan [clears throat and cough] uh dollar cost Michigan state
a $100 screening fee uh No
screening.
Screening mate.
A $200 reimbursement to the state police dollar. state police
and a $480 probation fee. Probation fee mate. Aamasa mate.
That's $1,25. $1,25 $1,25 is it? I'm ordering 10 days of jail. And of those 10 days, seven days are deferred.
Seven days jail. Seven days are deferred. Is it?
Yes. That means you have two days of jail to do which will be scheduled by the probation department. You're going to do treatment as directed by the probation department.
Treatment per probation department. Okay.
You're not going to drink any alcohol. with your diabetes.
If you continue to drink like this, you will die.
And we don't want that. gum
to make sure that you don't drink. um periodically to make sure that you're not drinking any alcohol.
Your doctor Oops. I'm sorry. Your doctor actually recommends that you go into a inatient hospital. patient.
I'm not sure that we're going to do that, but that's what they think should happen.
Uh,
that $12,5 is due within one year. 12,000 or 2,000, sir?
$1,25? Uh
uh [clears throat]
I'm going to send you out to the conference room to meet with your probation officer
to discuss uh this sentence. Uh, [snorts] could you repeat that, sir?
I'm going to send you out to a conference room with the probation officer.
Uh, probationari conference room.
The same room you were in before. Matthew, could you open that room up again?
I will, your honor. I believe we can use the assistance of his uh daughter and wife if that would be sufficient.
All right, that'd be fine then.
All right. Thank you.
Uh we will use your daughter and wife to help uh when you meet with the probation officer. Please translate that. Oh, I have to translate. Uh,
thank you, Miss Ma. You're free to go.
Thank you, your honor.
Thank you. Can I leave the meeting?
Yes. Thank you.
All right. Thank you, Matt. That was very difficult.
Thank you, Mr. Workman.
Thank you, Alex. All right, let's take up Marian or Mason Scott Shuster. [clears throat] I'm going to do this one without an interpreter for Mr. Felt. So, we hope we can do All right. [clears throat]
I'm not sure how good of a record that was, frankly. We did the best we could, but uh I'll just leave it at that. Mr. Schustster.
Yes, sir.
This is file number 251687. You were charged with operating with a high blood alcohol level. That matter was reduced and you pled to a charge of operating while intoxicated.
Yes.
This may be the worst case of the day. Um, Daniel Frasion has prepared the screening report and I feel like I got a complete disconnect. There's a terrible accident where somebody has debilitating lifetime injuries and I have a recommendation of one day jail. Credit one day. I feel like I fell off a cliff or something. Um, Mr. Fel, what would you like me to know?
Judge A, I had a question if I may. Was there somebody injured in the other vehicle? Is that who you're referring to?
The police report, supplemental report. It says that someone in his vehicle, Right.
Right. And he was
Yeah. Hang on.
Has an extensive history of head injuries, nerve pain, and he was suffering from pre-existing condition. Uh, and all of which have been getting worse since the crash. So, that was a person in his vehicle. [clears throat] The people in the other vehicle weren't doing too great either. Um, this car flipped over. There were three people in it. May or may not have been drunk. They hit another car. Um, um, [clears throat] judge, that was that helped me. Thank you.
All right.
Um, well, what I was going to say was this. Mason was in Kazoo at a Halloween party. Was not planning on driving home that night. Was going to stay. He gave a couple other people a ride up there. While they were up there, he drank and he drank [snorts and clears throat] more than he should have at least certainly to drive a vehicle. But the drinking was up there and one of his occupants incidentally the one you referenced uh wanted to go changed his mind their mind and wanted to go home insisted on a ride home. So Mason was stuck in that regard driving when he never intended to. Now, be that as it may, it's another example of poor decisions and judgments when you been drinking. But nonetheless, the accident, now my understanding of what happened in the accident was correctly stated his vehicle went off the road, road, flipped, etc. But he says none of the three of us got injured. He says the one occupant did ask to be examined. So he was ambulanced I think to three rooms but only treated and released. So if there's more injuries involved than that, he's never been notified by any insurance company or attorney representing an injured party. So we simply present to you, we're not aware of anybody seriously injured. We are aware that the occupant uh his occupant asked for an ambulance ride to the hospital was treated and released and we understood that was the end of that. Now I don't know whether that enlightens you or edged more questions. Um,
but but what I would say is this. When you mentioned one other case a while ago being more serious, his came to mind. I talked to him a little bit about it. When I just heard this prior case, I assume that's the one you were referencing where there's a bad accident and bad injuries and etc. All I can say is in his case, he's not aware of any injuries other than the one occupant ambulanced and treated, released. Now again, be that as it may, I would point out maybe the the redeeming factors here is he did not flee and elude the police. He didn't get into a resisting etc. [clears throat]
That's true.
So there are some redeeming factors here. I I submit to you we only know this to be an accident because of alcohol accident related alcohol related accident. and are not aware of any serious injury other than his treat and release.
All right. Well, this happened a year ago, uh, a Halloween of 20124. The affidavit has the wrong date in it. Um, I think this has Miss Campfield's fingerprints on it because she got here and somebody asked the state police to go back and better interview the the person in the vehicle. what the police report said. I spoke to Kirstson. Well, Miss Campfield wasn't here yet in February of 25. Uh, he went to the hospital to have his head checked. He stated no head scan was done, but his blood sugar was checked. He has an extensive history with head injuries, nerve pain stemming from his neck to his arm. He advised the issue with his neck has gotten worse. And bear in mind this was February after the October accident and he now has trouble rotating his head due to his neck pain. Um he has [snorts] suffered from pre-existing conditions such as short-term memory loss, chronic headaches, light sensitivity, all of which has gotten worse since getting in the crash. As far as I'm concerned, that's operating while intoxicated, causing a serious or debilitating injury.
[snorts] Um, but it also looks like they weren't particularly cooperative. I don't know that they ever got that person's medical records. So, when it was authorized finally, like in June of this year, uh, all that was authorized was high blood alcohol level and operating while intoxicated. There was no felony charge of operating while intoxicated with a serious injury. [snorts] So, this is what we got. But uh the police report when they went back and reintered the victim and this has been a sore point of mine [snorts] for some time. It's better now once Miss Davis came, but they would have a bad accident and then they would never passenger was removed by ambulance and they never check to see what happened to the person. Um then you find out they've got terrible debilitating injuries and this happened multiple times uh [snorts] in the last several years. Um so I didn't know if that's what this was. So it it happened in October. They asked for further investigation that has Miss Davis's fingerprints on it. She took office in December and this would have a case that she would have inherited from the previous administration. So she or somebody Mr. Gabri or her asked the police to do some more investigation which they did. Um then several months later, Miss Campfield uh authorized this. Um so uh it also appears that the that witness and his parents were not particularly cooperative with the prosecutor. But it is a situation where he crashed into somebody else's car, rolled his car over with two people in it, and could have killed five people, and his blood alcohol was over the high limit for uh high blood alcohol level. He also has uh some prior criminal history, and he's only 22 years old. [cough] Um um so with that uh and maybe we'll get enlightened more from the prosecutor, but reading the police report, this looked like a five-year felony um instead of a 93-day misdemeanor. But the prosecutor has the discretion to to do the charge and the plea offer, and they know more about the case than I do. and we always have to remind ourselves of that. [snorts] So with all of that, Mr. Felt, u go ahead.
That basically all I was pointing out to the court was my client wasn't aware of any other injuries if they did happen and he hasn't been it's been quite a while as you pointed out. He hasn't been contacted by anybody suggesting.
Well, he said the kid said we don't consider him to be a friend anymore. So I don't think they had any of contact after the accident. you'd be
I'm only pointing out he hasn't been contacted by anybody suggesting a an above threshold injury claim. That's
Yeah. So, there was no insurance claim or anything made.
Correct. Okay.
All right. Uh, Miss Campfield, what's your thought here?
Well, your honor, what I can tell you, I think we were in the midst of changing our computer storage systems for these cases, and I now see supplemental reports that the court is referring to that were not available to me at the time of charging or I very likely would have charged this at the felony level. That being said, um it was a serious matter. There were apparently for that passenger that was injured pre-existing conditions that may have been made worse. And that would be perhaps one of the difficult things to differentiate at trial as to what was pre-existing and what was actual injury from the accident. Although you do somewhat take your victim as you find them if you make a condition worse. Um I do think that a period of probation with the victim impact panel and alcohol monitoring
is definitely in need here. I do also think that we should reserve restitution for any of the individuals who were injured or whose vehicles were damaged if there's not a suit that's going to come forward. [snorts] Um he has a two prior criminal charges leaving the scene of an accident and controlled substance use which is also concerning. I frankly think that because of the severity of the injury and the fact that it wasn't charged as a felony, this is another instance in which 30 days of jail would be appropriate in addition to the community service that's recommended. I mean, there has to be more than an overnight while you're intoxicated wakeup call in these types of instances. Um, it it could have we just had a serious accident on 131 southbound in Kent County or Alagan County, I guess, a little bit further south where four people died.
And obviously in these accidents that can occur, particularly if a vehicle flips. So I I do think that the jail is warranted if we've overcome the presumption of fines and costs in this particular matter and I would ask that the remainder of the recommendation of Mr. Frasine be followed.
Um Daniel, what's your thought?
Well, I was very concerned about obviously anytime you rear end someone
drinking is bad. um didn't as near as I could tell and from the information that I have
um they couldn't really determine whether what was caused from this accident what was predetermined there's bad blood between both parties one says it's his alcohol one says it's not one says they're both said they're not each other's friends so it's bad blood going back and forth which fuels stuff and obviously you get an accident like this
that would cause you to be upset obviously. Um, so and I think part of it is we do get kind of desensitized after a while. You think, well, it's not a felony used. I mean, 173 is high, but we're so used to getting so many high ones now. Um, do I think that jail could be obviously a factor in here and be applicable? I do. Um, I think probation's huge. He's very young. Um, I kind of structured the community work service for a couple days and actually it should say 16 hours because I know he us eight hours a day which would be the equivalent of two other days in jail.
He made a really poor decision. He's lucky he's not dead. He's lucky no one else is dead and he rear ended and it is serious.
And like I said, as far as the the injuries, as near as I could tell, there's nothing concrete that I had that said, well, yeah, this accident caused it. Now, is there a little high likelihood? Yes, there is.
But I didn't have anything that setting and I didn't think the followup was all that detailed and like you said, we do have some issues with that. It's getting better and I'm hoping it continues to get better with a follow up on that because it would have been nice to know if there was definitely some injuries that were caused by this, but this is my recommendation. I would totally understand the court added more jail days.
Mr. Schuster, um, what would you like me to know? Is there anything you'd like to say?
Um, I just want to I just want to say I'm truly sorry about what happened. I mean, I understand the severity of it, but it's been over a year. I I don't drink anymore or I hardly do. I drink on occasion back back when the accident happened. Kirstson or whatever his name is, he told me that he was released the same night, he was beat up by the police two years prior because he had fleed and looted and done this and that, which is what caused the nerve damage. That's what caused the nerve damage. I was never told that he was more more injured or anything from that. I truly believe he's just doing this to try to get me in trouble because he's upset with me.
All right. I can tell that you're very not very remorseful, you dope.
He didn't try to get you in trouble. They reached out to him and he was uncooperative with them.
You crashed your car with a 173 blood alcohol. You rearended another car and almost killed two people. You rolled your car over multiple times with a couple people in there. And [clears throat] your response is, "He's trying to get me in trouble."
No, that's [cough] not what I'm trying to say, sir.
It's what it's what you said. It shows you don't have any remorse.
So, before you dig your hole any deeper, what else would you like me to know?
I just would like you to [clears throat] know I truly am remorseful for what happened.
Let me repeat. You hit a car with two people in it. You rolled your car over three times with three people in it. your blood alcohol was two times the legal limit. [clears throat] It took a year or about for you to get arrested on this. Um in February the new prosecutor inherited it, [clears throat] asked for more information, which we didn't completely get. We didn't check with him either, apparently. Uh the affidavit says uh he advised of lasting effects from the head injury. Uh and then there was the followup and then the followup didn't get got lost in the shuffle or something. So, um, so what I said is I feel like I'm in the wrong universe. We had the young boy from El Salvador who's a two something crashes his car, leaves the scene of the accident, runs a stop sign, fights with the cops. The next man is a 289. He's 57 years old. He's an Indian immigrant. He crashed into a car, left the scene of the accident. Um, and you crashed into a car, injured the people in your car, and well, this happened a year ago. Uh, sometimes it takes a long time for these to get authorized. Um, I don't know all the circumstances. Some had to do with a change of o office. Um, once you got arrested, you've been cooperative. But [snorts] this ain't a one day in jail credit one day. Uh, unless I might as well retire and go tend roses or something. Um, so I'm not sure what is the right answer. You're 22.
23.
23. But you do what 23 year olds do. The young El boy from El Salvador went out and got drunk and then drove his car. It's like, well, of course, uh, you drink way too much at a party and then when you get to that point, you lose your judgment. It's like, well, I could drive. You had to drive all the way from Kalamazoo to where you were where you finally crashed into the back end of this other car. Uh, we've had a terrible year of accidents on 131. Miss Campfield just remarked to the one that happened in Alagan County within the last 14 days where four people were killed.
Um, this guy isn't going out of his way to get you in trouble. Uh, what it says, as far as I can tell, nobody ever got his hospital information.
Um prosecutor requested additional information from passenger Kirstson Richards regarding critic medical condition and all passengers from both vehicles need to be interviewed. That's either Mr. Gabri or Miss Davis in January right after they took office saying, "Hey, this case needs some more work." Kudos to them. uh in February contacted Kirstson's parents to receive call from him concerning his medical status. Parents seemed to be uncooperative. Uh contacted parents of subject taken to hospital after crash interview a subject requested by the prosecutor's office. So they wanted to know what the guy had to say and he says it's all gotten worse since the crash.
Um, but it wasn't like he was like, "Hey, please interview me." Now, who's this? Somebody's here by telephone.
Uh, which case are you here on?
Um, I am here for meeting ID 9005646 3210.
Yes, that's this court. But what case is it about? Oh. Um, case number 25 2110 section one.
All right. Who are the people? Who are the parties?
Uh, Brenda Garn and Tiffany Schwitzer.
I don't believe it's set for noon.
No, no, no. It was set for three o'clock. Oh, well, you're you're early a
little bit.
All right. I'll see you at 3:00.
Hang up and call back.
Yes.
Okay.
All right. That's a small claims to litigant here several hours early. Uh, okay. Um, I keep cutting you off and then we got interrupted. I still got two more cases that I need to address. Um, anything else that you want to tell me?
Uh, not much.
Are you working somewhere now?
Yes, sir.
All right. Where is that?
I'm working for my father doing home repair.
All right. That's what he said. You do drywall?
Uh, I do everything really.
All right. What's the name of the company?
Shusters Home Repair and Construction, I believe. I can get exact details after this for sure.
Well, you're going to lose your driver's license as a result of this. There's nothing I can do about it.
I understand that.
Um, but I agree a probation is needed here. I'm going do a 24-month probation which can be discharged at the end of 12 months. [snorts] I'm going to order 11 days credit one leaving 10 days to serve be served on the weekends. I'm supposed to do these sentences proportionally and uh according to the Auburn Hills Court of Appeals case, I'm not exactly even sure what that means. It is [snorts] your first drinking driving offense and it did in fact not get charged as a felony. In fact, they even reduced it from IBAC. So, it's just a regular OUIL first offense there. a $300 fine, $75 crime victim's rights fee, $50 state minimum fee, $100 screening fee. You hired your own attorney, $960 probation oversight fee. Miss Campfield, do you have a police reimbursement in your file?
Um, [clears throat and cough] [snorts] I did not I'm not seeing one, your honor, but it would be to Michigan State Police for a blood test and an accident. The other one I just did, $200. Drinking driving is expensive proposition, Mr. Schustster. There's a commercial that says that and it certainly is true.
Yes, sir.
$300 [snorts] plus 125 plus 100 screening fee, 960 probation oversight fee. That could be cut in half if you do it in a year. $200 police reimbursement and a $32 victim impact fee 1717 doing in one year. And if we subtract $480 from that, it would be about $1,237. You need a timeout. You don't really realize it. You feel like you got beat up a little, but you dodged a great big bullet. Not the least of which is four other people didn't get killed that night.
um and they didn't charge you with a felony. We have about eight of those cases pending. Uh several deaths. We probably have five uh drinking, driving with a death case pending. Couple more under investigation. Five from this year. A few more where there's a serious debilitating injury. One person was charged with murder, seconddegree murder.
Um, I want you to go with Daniel for this probation and uh comply with it. No drugs, no alcohol. Test as directed,
including no marijuana. I don't know if you're a recreational marijuana user, but you can't use it. We're going to test your blood periodically. We're going to get an assessment. You're going to go to the victim impact panel. You're going to pay me about $1,237 in the next year. [snorts] All right. And you can't drive. And don't get another one of these or you'll really get on the merrygo round.
No, I can assure you.
All right. Very good. You're good to go.
Thank you, sir.
Thank you, Judge. All right. Judge, your prior comment, I'd suggest you're better off here sending messages than you are retired sending roses. [laughter] That's my thought on the matter.
Okay. I [snorts] did send a message to our old friend Robert P. Carris today because today is the 250th anniversary of the Marine Corps.
All right, we're still struggling here. Let's talk to Hinrich pain. [clears throat] [clears throat] Mr. Payne, at least he and Mr. Lockett were not in an accident, but this is another circumstance of someone just going out and drinking and then driving home. He wasn't really going very far, but again, he was more than two times the legal limit and he had a blood high blood alcohol level. This was reduced to impaired driving, so we will be able to keep his license to drive back and forth to work. He also has two previous MIPs and a previous tra two previous traffic accidents.
Um, and he's only 22 years old. Uh, fortunately he didn't hit anybody or almost kill anybody, but he was out drinking and then he was just out drinking. He was going to drive home, which is a thing, which is why we're going to have 200 drunk drivers this year.
Um, Miss Harden, you've been sitting here listening to our discussions today. What's your thought?
Thank you, honor. Um, for the record, this is a city ordinance case. Um, I know Mr. George was handling he's who I've been negotiating with, but it's my understanding that he's in trial today.
Um,
I believe Mr. Frasine prepared an accurate report. It highlights what was going on on the date in question and gives some insight into Mr. Payne's life. Um, he's being fully employed. He does have um a history with minor possession, but um, as the court's aware, he is a young man. He's
Again, being painfully employed, living in the area. Um, and he immediately took responsibility for his actions. I think the recommendation is is appropriate. Um, I've advised him that, um, there's going to be some services recommended on probation, and he's expected to complete those, stay out of trouble, and, um, as the court, um, does like to put it, this is a timeout on alcohol, and I think that's something that he needs to kind of re-evaluate things due to his age. So, I would ask the court to adopt a recommendation as presented. Thank you.
>> Mr. Fraser, anything to add?
Um, I think it pretty much got covered. Obviously, um, with the two previous MIPs and the driving, I think we overcome that, uh, presumption. Um, at least that's how I took this. Um, he was very respectful when I spoke to him. I think he'll do well on probation. Being his age, with his past history already, I think obviously a longer term probation is very merited here with some services. I went over what the expectations were. So, I think he was, he's [clears throat] pretty well prepared to do it, and I don't think he'll have any problems following through with this.
>> Mr. Payne, um, what would you like to tell me?
>> I don't have anything.
>> All right.
>> I mean, I obviously I took responsibility.
>> Well, you did. Do it again. Um, you, you're young and all. So far, three of the people were young, and you're out doing what 22-year-olds do. You're drinking beer at, uh, [snorts] different places. Then you go to Applebee's. You got a cooler in your car. You got a case of beer in the back seat. [snorts] Very reckless and irresponsible. That's just what you do. You go have softball and then you drink beers. Then you get in your car and you drive. Then you go to Applebee's. You drink more beers and then you drive. Um, that's how people get killed. That's how 22-year-olds get arrested for drunk driving and just not thinking about the consequences. Uh, advertisements, Mothers Against Drunk Drivers, people like me railing in the darkness. Stop doing this. Uh, it looks like fun in the Applebee's commercials. Everybody's in there having an appetizer and a beer [snorts] until the store closes, and then they drive home, and they're drunk. It's all fun till it isn't. Now, you were driving a little screwy, which is what caused you to the attention of the police officer, and then they pulled you over for just a license plate light, but you were in for a, uh, with both feet. You got a cooler and an open case of beer in your car. This was August 9th, which was a Friday.
>> Friday night going into Saturday morning. [snorts] Um, so at least maybe you didn't have to work the next day. Um, I think your batting average goes down the more beers you drink while you're waiting. I didn't know they let you drink beer at Armstrong Park. Apparently they do, or they don't notice. I didn't think any alcohol was allowed there. Um, anyway, I'm glad it wasn't worse than this. Uh, you got two prior MIPs. You got an open case. The cans aren't open, but you got beer in the car. You're going to, yes. I think you just agree with your honor. Yeah, I was listening. Sorry.
>> Yeah. Well, they're, it wasn't open in talks, but it's clear that you got a cooler and you got beers in the car. Uh, and beers that aren't in the cooler. Um, this, you're 22, and this is the third time you got charged with an alcohol offense. Prosecutor cut you a break for impaired. That's from the city of Three Rivers. That carries a $300 fine, $75 crime victim's rights fee, and a $50 state minimum fee, a $100 screening fee, $150 attorney fee. $960. They did a 24-month probation. You'll be, I'm gonna do a 12-month probation for you. Um, they didn't ask for a police reimbursement. They're not very good at that, and I'm not going to order one in this particular case. We didn't have an accident. [snorts] Um, and the victim impact panel, $1,187. If you do it in less than six months or a year, could be reduced by half. All right. We're going to victim impact panel, drug and alcohol testing, including marijuana, substance abuse counseling and treatment as directed, and [snorts] no alcohol, no controlled substances, including marijuana. Um, I think the guy indicated you did use some marijuana sometimes. There goes one of the others. I don't know. I'd be interested to know how many of our drunk drivers also have a THC component.
>> Talking Mr. Py, he does not use.
>> All right.
>> Maybe it was Mr. Lock. [snorts]
>> All right. Uh, again, uh, no alcohol. I mean, no accident, no injuries, but just an attitude of, I'm going to just go drink a bunch of beer and then drive my car. So, this is a timeout. Again, you don't want to get another one of these. If you get two of them, you get revoked.
>> Meaning you could go the whole rest of your life without ever having a lawful license.
>> Um, all right. You go, Mr. Frasine. Oh, I didn't do the jail. Let's talk about that. He recommended one day credit one. I disagree.
>> [snorts]
>> I'm going to order five days credit one, living four days to serve, and of the four days, two are deferred. You're going to do the traditional one day sober and one day drunk. That's because of the beer in the car, the level of the blood alcohol, the two prior uh MIPs, and the previous accident, two previous accidents.
>> Um, it must be rescheduled, your honor.
>> Yes.
>> Thank you. All right. The next case, the agent recommended substantial jail. And it might be the mildest case in the bunch. Um, all right. Mr. Lockett, would you come forward, please? Thank you, Miss Hart. [snorts] Keep going my nose here. Good morning, sir. You're Kamari Locket.
>> Yes, sir.
>> You've been watching with interest to hear what's going on, uh, these previous cases. You got a son, and you just saw these two 22-year-old boys.
>> Yes, sir. Yes, sir.
>> Uh, doing the kind of stuff where people end up dead. Uh, this is another Three Rivers case. It was charged with operating while intoxicated, reduced to impaired driving. The probation agent, Autumn Kefir, isn't available today. And the city attorney is not here. So, it's just you, me, and Mr. Bush. Mr. Bush, what would you like me to know?
>> Mr. Lockett has been very cooperative with my office. U I I I know he has strong feelings about probation, and he indicated to the to the probation screener that he probably wouldn't be a good candidate for probation. U he tells me though that he wants to be a barber, and he wants to be a grandfather. Those are the the two things he talks about almost exclusively when we discuss this case. Uh, he's been crime-free for upwards of 15 years. This is his first drinking and driving. Uh, if he's going to go without probation, I would ask the court to sense him on the bottom of the guidelines.
>> All right, Mr. Lock, there's nothing you want to tell me.
>> Um, no, I mean, well, well, not really. I mean, I made a mistake. I got to own up to it. Just won't make a name the same one again. I tell you that.
>> Well, that's good advice. That some of that is a wisdom of being older. But you were two times the legal limit. You were going to go get something from your daughter, uh, or granddaughter, some medication, but you're way too drunk to be driving around town. And when you get that drunk, you lose your judgment. And, um, it's like, well, I can just drive up to the store and I'll be all right. Well, maybe I can't. Um, you don't have any priors. Your priors are so old and so irrelevant, they aren't, they aren't anything. So to me, it looks like you got no record at all. Um, to keep my nose clean.
>> Yes.
>> Um, and you're driving with your lights turned off, which will get you pulled over every single time. You don't wish to do a probation, then you could probably use a timeout, too. They gave you an appear, so you'll be able to keep your restricted license.
>> He doesn't have a license.
>> All right. $300 fine, $75 crime victim's rights fee, $50 [snorts] state minimum fee, $100 screening fee, $150 attorney fee. Let's see if three did police reimbursement in this one. No, we're not supposed to order unless they ask for it. I guess we have some discretion.
>> [snorts]
>> Um, no probation. I'm going to order three days jail credit one, leaving two days to serve, which will be done on a weekend. Do you want to do it this weekend and get it over with?
>> Uh, what's today? Today's Monday.
>> Yes.
>> I might as well get it over. We'll get it out of the way.
>> We'll do it 7:00 p.m. on Friday, November 14th, and that will be 7:00 p.m. to 7:00 p.m. Sunday night.
>> Okay. I think you probably already know a lot about barbering, but in order to do it legally, you need to get a license.
>> Yes, sir.
>> I bet you're pretty good at it, but I've been doing over 30 years. All right. Now, let's add up the fine here. 300 plus 125 plus 100 plus 150. I didn't even order the victim impact panel. $675. I'm gonna [snorts] make that due by February 15th. Give you some time to pay it.
>> Do I mind got to pay all at once? Can I make payments?
>> Yeah, you can make payments.
>> Fact, you can stop out and see the ladies about that.
>> All right.
>> All right. Now, you got to go to jail Friday night. If you don't, you'll be in contempt, and I expect that you'll show up and take.
>> And then if I see you at Myers or something, I'll say hello. But how about if you don't come in here?
>> Oh, no. You won't see me no more here.
>> That's what I'm looking for.
>> Oh, yeah. Yeah. [snorts]
>> All right. You're good to go.
>> All right. Thank you. Thank you, judge. Um, they going to give me a paper to show me how much of.
>> Yeah, you go see the ladies at the count.
>> Okay.
>> [snorts]
>> Um, [clears throat]
>> I don't know what's going on. I think it's part of our national trauma. We [snorts] had 10 drunk driving cases on Friday at the final pre-trial, first pre-trial of the month. We had five drunk driving arrests over the weekend, three of which were women, and we had five really unpleasant ones right here.
>> Bad ones today.
>> Yes. All right, we'll stop the live stream. Ago late.