every day in the USA people find themselves in [Music] court all this is in the matter of people of the state of Michigan versus Gary Scott Bowman I have two files I have 23- 21342 FH and 23-24 45 FH Mr bman is represented by Matthew Murphy and um Mr Murphy you've had an ample time to speak with Mr Bowman yes your honor all right Mr Bowman have you had an opportunity to read and review the precense report yes okay have you had an opportunity to discuss the prent report with Mr Murphy that's sure I have all right are you satisfied with your attorney and the advice that he's given you do you wish to Mr Murphy explain or challenge the accuracy or relevancy of any information in the pre-sentence report no your honor does the pre-sentence report disclose any prior convictions in which there exists any known constitutional defect no your honor on file number 23- 21342 FH um the probation department has calculated the minimum sentencing guidelines to be zero to 11 months on the motor vehicle unlawful use and on the police officer assaulting resisting obstructing attempted to calculated the guidelines to be Zer to 17 months Mr Murphy do you agree with the calculation of guidelines yes your honor all right Mr Murphy do you [Music] um does prenten report disclose any prior convictions which there exist say no constitutional defect no your honor not that I'm aware of all right um Mr br has 26 prior misdemeanors and seven prior felonies so before the court passes sentence is there anything you'd like to say on behalf of Mr bman yes your honor um for our understanding the recommendation is for Mr Bowman to go into uh the drug court there um I would ask the courts um obviously to follow that recommendation um Mr barma wants to um take advantage of the opportunity and participate in that that Court um I would ask the courts uh in regards to the one file there was a recommendation for 6 months in jail with credit for I believe 1 um two days served if I'm not mistaken on that I would ask the court to consider I'm not sure how much time Mr Barm would have left to serve that out I would just ask the court to consider giving him credit for time served on that file and closing that out I just want him to uh get processed and into rehab as fast as possible um again I don't see the point of him staying any longer at the jail I don't know if he would or not but um that's just what I was asking the court to consider other than that we would ask the court to adopt the recommendation all right Mr bman is there anything you'd like to say on your own behalf yes I just emphasize on what Mr Murphy had said and Mr bman I'm sorry that room has really bad um audio so if you can like lean forward a little bit and say it again for me please yes your honor I'd just like to emphasize on what Mr Murphy had said and I am just eager to take the opportunity to complete um recovery court and I'm excited about giving this opportunity and chance again to get the opportunity to do that and I'd love to go to rehab as soon as possible and I've never been there before in all my past so um I think that's what would be best for me and that's what I need and that's what I want to do if you please um follow the recommendation and I really appreciate Miss Angelo all right so Mr bar was it you or your brother that sent me a Facebook Messenger a couple years from Florida that was me okay all right so Mr bman I known you since you were like 18 I think I represented you the first time you got in trouble how old are you now 40 your honor okay so you're getting old now are you getting tired of this yes your honor definitely am so drug court drug court is an amazing program and I will tell you that having a lot of experience representing people who have addiction issues when people come into the drug court there are people that I think oh my God they're never going to make it there are people that I think they have all the skills necessary to make it and don't and then there are people who just quietly keep their head down do what they need to do and move on with their lives so I know that you're smart enough to do it but you have to fully be willing to dedicate yourself to it and it works it absolutely works and and you can't run there's no more running right you can't dip off to Florida and send me a message saying hey I'm in Florida to catch me if you can't no more of that so I will not do that promise okay and if you relax you go to miss tesky and say hey I relaxed and then we give you Services because it's not about locking you up it's about giving you wraparound services and all the need the help that you need to succeed right you're I've been taking the engagement in here too and and also talking to a lot of people inside of here and I know a few people on the outside like you said so I've done a lot of research about it and I know what the program is about and I believe that it's a great program I'm glad that it exists and I'm really hoping I get the opportunity to prove to you and myself that I can do this and you're definitely right about everything said yeah I know you can do it I just you got to get to the point you know you can do it all right yes all right in determining the appropriate sentence in this case the court has considered the seriousness of the offense your history the principal proportionality the statutory penalty the cost of confinement the sentencing guidelines the report and recommendation of the probation department as well as what has been set upon the record at this hearing the criteria and reasons for the sentence are the nature and gravity of the offense the discipline appropriate to its commission deterrence against repetition by you and by others the potential for reformation Vindication for the law and the protection of society sentence to the court on file number 203- 21342 FH that you will serve six months in lway County Jail will give you credit for 152 days so I think you pretty much already have good time and credit for time served on that and there is a no right and then on file number 23- 21445 FH it's a sentence of the court that be placed on probation for a period of 3 years Mr Barman during that term of probation you cannot use marijuana you can't use medical marijuana so because it's a drug court program um you can't use or possess any alcohol or other intoxicants you must comply with all the requirements of alcohol testing and Drug Testing from the probation department you must not um have or possess any Controlled Substances or paraphernalia can't be with anybody that has it so if you got friends that are still using they are no longer your friends you find new friends okay um you must complete outpatient or residential substance abuse treatment when referred and if you leave those programs that's a violation of probation you must take all medication as prescribed by a licensed physici you must particip do you have your GD oh no your honor it's something that that I would I am going to obtain during this process and I've been okay so I okay it's not something I'm going to want you to do right away because you're going to have other things to focus on but you know in the last half of the three years or something you can work on that you must complete a psychological evaluation if referred you must complete mental health domestic violence batter intervention or any other treatments if um ordered to buy your um service provider ERS you must not have any contact with an Isaac Ben scooter either directly or through another person you can't be within 500 feet of the resident school or place of employment the field agent has the right to enter your home at any time for probation supervision and you must submit search of your person and property including but not limited to your vehicle residence computer without warrant if they have reason to believe you have something that violates your term of probation you must report any arrest or police contact loss of employment or change of residence to the field agent within 24 hours weekends and holidays accepted must find employment and that's going to be the beginning is hard because your employment has to work with your drug court so if you get an employer that won't let you take the Tuesdays off then you got to find a different job and we work with you on that okay all right so um okay so is Sarah Sarah tusky are you here yes yep I'm here your honor okay so I'm looking at this um is there an option for him to be released to treatment absolutely um I just don't see it in here that's why I'm asking oh I'm sorry ition if I didn't put it in there there was I thought um it says uh that um the recommendation would be for for um one year then I car in jail with release to impatient on one file um then 3 years probation but the other file it said 6 months with 150 some days crit so I didn't see it was on the one file okay I think it's in that it's not it's in the evaluation and plan not in this all right it's a sentence of the Court you'll serve one year in the Leno County Jail give credit for 1502 days as soon as a bed becomes available you'll be released to that treatment program um it's the holidays so it might be a week or two so understand um and then when you go to that program you must obey and comply with all the requirements of that program and not leave or get kicked out okay all right um there is a victim assessment fee and the amount of crime victim assessment fee um I maxed them out on the one file Miss tusky okay so um he still has to have us crime victims rights and estate cost on that yeah but at crime victim rights fee on file number it was a Miss demeanor attended okay so on 23- 21342 FB the crime victim rights fee will be $705 and the state cost will be 50 and then on file number 23- 21445 you will pay $750 court costs a crime victim assessment fee and the amount of $130 and there is a $68 State cost attorney Fe is in the amount of $450 there's a $30 per month supervision fee without tether but if we have to put a tether on you then it's $60 per month and you must enter attend and complete the lenaway county adult recovery Court following all the recommendations made by the S anything else Miss tusky no you're honor I'll get i'll get over Gary I'll be over there to see you um soon probably on Tuesday to get your signature and stuff but um Hope House has the best um availability right now so when C comes to see you hope house has the best availability okay um Miss tesy and you may be contact Cates like I have said to you when you did my PSI have been screened but that was for misers I don't know if they still need to re that's fine I'm gonna I'll get that taken care of on Tuesday okay all right sounds good thank you very much yep so so Mr B remember this is different if you run you go to jail if you confess you get Services yeah got it yes okay so we're going to send over to the jail three copies of your notice of right to to a pellet review for each file I need you to initial and date a top copy for each of the files just to acknowledge you've received the paperwork that's going to go on my file the other copies are for you and if you wish to appeal your sentence you would fill out the information on the form and mail it to the address list on the form within 42 days all right yes sir and don't send me messages on Facebook okay yes thank you guys great your day and happy holidays thank you Mr bman thank you Mr bman thank you thank you Anor you have a good day everybody you [Music] too