4/19/2024 Morning Sentencings

we can open back up we are all right so this is in the matter of the people of the state of Michigan versus Gary Scott Bowerman file number 23- 2144 5 FH Mr Bowman we are here on two things one is um a violation of probation a request and summons for probation violation was filed this court on February 13 of 2024 by Sarah tesy which alleges that you violated or committed the following technical violation that you violated your articles of probation dated January 9th of 20 in 24 where you were ordered to attend and complete the Hope House residential treatment program following all rules and recommendations on February 1 of 2024 the defendant left treatment without staff permission and did not return and then you did not report to probation after discharge termination from the program back in January and your whereabouts are unknown so Mr Bowerman you are currently on probation I think you apped to ATT atted assaulting resisting and obstructing Miss under Miss Adams was there a second file or just the one that's the only warrant they gave me okay so you understand Mr bman that the maximum penalty if you played guilty or found guilty could be up to one year in jail yes true all right and Mr Bowman you do have the right to have an attorney represent you at this and all subsequent hearings if I can't um if you can't afford to hire one we can appoint you one at public expense would you like an attorney appointed to represent you no all right Mr Bowman um how would you like to proceed today do you wish to plead to the violation well I'm sorry and and also because you failed to appear for that violation probation hearing there was a contempt Court issued for failure to appear which could carry up to 93 days in jail do you understand that all right and now Mr bar I don't know when you were picked up are you under the influence of anything that would impact your ability to understand these proceedings no all right do you understand um you want to raise your right hand Mr bman do you solemnly swear or affirm to tell the truth the whole truth and nothing but the truth yes Shor Mr bman do you understand that you have a right to contest the violation of probation charge and the contempt to court and to have a trial on it do you understand that yes do you understand that throughout the trial you would be presumed innocent until proven guilty Beyond a or ponderance of the evidence do you understand that yes sure you have a right to have all the witnesses against you appear at your trial to have your lawyer ask questions if you wanted one or you may ask them yourself and to have any order any Witnesses you might have to appear at that trial do you understand all of that yes sure you do not have to testify at your trial and no one say anything about you not testifying or hold it against you in any way do you understand all of that yes I do right on the other hand do you understand that you have a right to testify at your trial if you want to testify yes sure how do you plead to the charge that you violated the terms your prob probation by leaving the Hope House residential treatment program um without permission and then failing to report to the probation department afterwards guilty or not guilty guilty but the the lady from the PO house she she gave me or she Mr Mr bman hold on how do you plead to the charge that you failed to appear in this court on a request and summons for probation violation back on February 21 of 2024 guilty or not guilty guilty all right so Mr Bowman do you understand by pleading guilty you'll be giving up your right to a trial as I've already explained to you yes sure has anything been promised you to get you plead guilty no has anyone threatened you in any way to get you to plea guilty no if I accept this plea you will be giving up any and all claims that your plea is given as a result of promises or threats that were not disclosed to the court on the record during this hearing or that it was not your own choice to enter The Plea do you understand that yes sure is it your own choice pleet guilty sure so Mr Bowman you were placed on probation and you were given an you were ordered to enter and complete the Hope House residential treatment program is that correct yes sure and you went to the H house residential program and started that program is that correct yes sure all right and then um did you leave treatment on February 1 of 2024 without permission yes sure uh um I left I was toally completed by you I left the head lady from there told me to leave like told me that I could that I could leave you know no one although I knew that I wasn't allowed to leave my your recommendation um but she's the Mr bman Mr Bowman when were you picked up last night last night what time yesterday it was like five o'clock okay so Mr bman I told you to enter Hope House is that correct you told me to enter Tre and you were required to complete the program is that correct yes all right and you weren't allowed to leave the program you left and you never went back is that correct yes sure I did I did um call and I had rescheduled for the home New Vision I know it probably doesn't matter but I'm just saying no no my question is I didn't tell you you could leave there did I no and you left yeah you understand that's a violation of your probation yes all right and then we showcaused you and you didn't appear in court back on February 21 of 24 for that show cause is that correct I don't I never got no show cause but yeah I knew I knew so is that is that because you didn't go back to the address you were supposed to live at U um I did I don't know if my cousin just didn't give me the mail or what but anyway I knew I should have reported to you guys that did it okay I accept the plea has been given understandably voluntarily and accurately the defendant has full knowledge of his rights he does have competent counsel I'm going to refer this matter to the probation department for a probation violation report Miss Adams um do you want this set for the 25th or the 26th April 25th at 8 am all right Mr B I'm gonna set you for sentencing on April 25 at 8 AM and do you want an attorney appointed to represent you at sentencing no you all right so we will see you back on that yes can we possibly do the next week Miss tusky um is out all of this week okay let's see Miss Adams May 2nd or May 3rd um May 3rd 8: amm all right we'll set this may3rd at 8: a and um Mr Bowman Miss tesky will come over and meet with you she'll update your PR sentence report and we'll see you back uh May 3rd at 8 AM Mr Bowman do you want to appear in person or do you want to appear via Zoom um person okay I will put that down for in person and once again you do not want an attorney for sentencing no you don't all right we will see you back on that day Mr Bowman thank you Miss Adams was James Smith sentencing adjourned judge I just received an email um from Mr goldstein's office um they missed it on their calendar and he's out of town we'll adjourn that then so in the matter of the people of the state of Michigan versus James Earl Smith file number 22-20 1810 f8 that matter will be adjourned to a later date are you ready for Mr Bixler to be brought down do um Mr Daly and the prosecutor do we need to have any discussions before we go on the record okay J [Music] Miss hwood I'm gonna stop your video okay um that's fine your honor do we have Miss Warner this morning I don't have Mr Warner this morning is that a different Court H it says your C all right judge that one was dismiss she paid all her BS and costs oh thank you Miss Adams you're right and Mr Bixler if you can stand at the podium next your attorney this is in the matter of the people of the State in Michigan versus Ricky Nelson Bixler file numbers uh 23 well file number 23- 21315 FC I have James Daly appearing on behalf of Mr Bixler have Amanda Wagner and uh Chief prosecutor Jacqueline Weiss appearing on behalf of the people this is the date and time set for sentencing Mr Jones provided to the court yesterday an updated adult history um because there was a duplicate conviction in the prior pre-sentence report we did it was number seven of 13 was removed Mr Daly we did provide that to your office yes okay and um Mr Bixler have you you had an opportunity to read and review the precense report I have all right I'm going to need you to stand next to Mr Dy by the microphone so that we get good audio on this all right because we need case of a transcript so you've had an opportunity to read and review the prent report yes I have and you've had an opportunity to discuss that with Mr Dy um you seem like you have a question what's your question I don't have a question okay okay what you're looking at is a I think it's a note that just says that in the original pre sentence there was a duplicate conviction and so Mr Jones amended that information to remove that duplicate conviction so it correctly reflects your prior record okay and are you satisfied with Mr Daly as your attorney and the advice that he has given you yeah Mr Dy do you wish to explain or challenge the accuracy or relevancy of any information in the pre-sentence report no Miss weice no your honor does the pre-sentence report disclose any prior convictions in which there exists any known constitutional defect Mr Dy Miss Weiss the probation department has computed the minimum sentencing guidelines using the grid from the appropriate time period and years on count one criminal sexual conduct first degree habitual criminal fourth felony to be 180 months to to 360 months to G that computation guidelines on that one Mr daily yes Miss we yes on count two kidnapping habitual criminal fourth offense felony they calculated the guidelines to be 120 months to 300 months do you agree with that Mr Dy yes Miss Weiss yes on count three robbery armed habitual criminal fourth felony they calculated the guidelines to be 60 to 300 months do you agree with that Mr Dy yes sir Miss Weiss yes sir and and count four breaking and entering a building with intent habitual criminal fourth felony 60 to 120 months regre that computation Mr daily misplace yes the credit also reflects 444 days Jael credit do you agree with that Mr da and Miss Weiss yes all right before the court passes sentence Miss Weiss um do we have anyone who wishes to speak today I do your honor how many just well will you allow the previous victims to address the court Mr Daly no objection all right so I would ask that you both have a seat right there and I would ask that anybody who wishes to speak you're going to stand at the podium I'm going to need you to speak loudly and I need you to look at me and directly at me okay so miss we your first person your hon I would start with um do you have a user full name or initials initials C [Music] so I need you to make sure you speak loudly okay on November 28th 1992 I felt like my life was over I also feel for the lives of two of my children and five other little children I was babysitting a stranger walked through the B door put a large knife to my throat and was pushing me towards the back door I thank God I was able to convince him that I cannot leave all these little kids alone so he forced me upstairs into a bedroom where he proceeded to rape and rob me just 3 feet away from a newborn baby when he was done he told me to turn around put the knife to my back told me if I called the police that he would find me and he would kill me I honestly thought he was going to stab me right then and my life was over since that awful day the life I had lived as I knew it was forever [Music] changed I'm always looking over my shoulder in fear I had a failed marriage due to struggling of not trusting people and Tire and the idea of sex has just become filthy to me ever since um I was assaulted my skin has been crawling ever since as well I suffer from um deep depression and C PTSD and I've had to take daily medication all these years with numerous therapists as well I live in fear wait I'm sorry I lived in fear my whole life until today when he is sentenced I pray that the court finds him or gives him a life sentence because he gave me a life sentence almost 32 years ago may God have mercy on us all thank RS step up to the podium please good morning good morning your honor I have no idea that I would have the opportunity to speak today but there 31 years ago this man came to the place that I loved working it was my church I was in charge of children's programming for 100 children and absolutely loved it he took that away from me I only went a week without knowing that he was in prison but it's amazing how an act of violence like this not only impacted me me my family and my children but also my church family and because of that I lost the job that I loved more than anything I tried to make it work for about eight months after vixar attacked me and it couldn't and I remember sitting in my living room holding a bottle of pills knowing my best friend who was an RN was coming to see me and I knew that she save me if I took that bottle of pills I really didn't want to kill myself but I wanted someone to know how much I was hurting you will never can imagine what HIV was like 30 years ago we knew nothing about HIV the first thing my 15-year-old son said to me was mom what if he gave you something I didn't know I had no rights to his HIV information every time my children took a drink of my PO I thought oh my God I might have just killed them because we didn't know back then how HIV was for he had three prior convictions and I had no rights to his information every victim is different my husband still to this day has not dealt with it in the '90s my children were not given counseling I was but they weren't I sent them back to school the very next day a little boy told my third grader on the playground what rap was my middle school daughter everybody said oh he's still in town he delivered Pizza to our house last night and I didn't know that for 30 years so yes I am so thankful that he has been in prison since seven or eight days after he attacked me that these other two women had to go 10 years and 30 years looking over their shoulder and I will tell you if he gets out in four years I don't think I can live in haast Kansas any longer I don't know where I would go or what I would do but I cannot live in that same city so I beg of you to please keep him in jail for the rest of thank you thank you anyone else Miss voice your honor so you can adjust the microphone and make sure you speak loudly okay thank you um for me today I've done an Victim Impact statement 20 years ago um when I had my final so for me today um I just want to say you know I guess I always wondered you know his term was it be up in 2028 for me so I when I got the call that this had happened and of course you know I feel a little guilt because I from what I know I'm the first one so not being able to catch him would have saved a lot of people some pain but I know now that's not something I could control I mean I know that now but I've always asked God how can somebody so bad be living in a prison system for 32 years why isn't he dead yet and you know that was my thought like why isn't this man man dead yet 32 years you know and he's still alive and well but over this course I've learned that the reason he's still alive so that Christina could have her justice today and she could get her day in court and that's what I've come to realize is why so um I want Christina to get her power back today and get her life and not have to worry any of us have to worry about him anymore um I'm going a different place in my life I at peace with what happened um that doesn't mean that I want him out in a world where he can hurt more people um or take accountability for what he's done and not blame other people for his actions um which we know he has not Tak responsibility uh because it's ellic Police Department for not catching him a year later and Ray would have never gotten hurt that's somebody who hasn't taken accountability accountability is when you say I've done it and I feel bad for what I've done to these women and that's not what happened in court that day it was the lipstick Police Department had me and they didn't catch me and so that's why I feel that you need to give him what he so deserves for Christina who waited 32 years for this and me and Ray and our families can just move on with ever having to worry about him ever again thank you thank you that's far it as far as other people addressing the court I would ask to address the court once Mr all right um so um do you want to speak before Mr Daly or after after okay Mr Daly is there anything you'd like to say on behalf of your client yes sure you there is nothing that Mr pixler can't say to undo what he has done in his life this happened 31 years ago and the women have received a life sentence over this when you read the written statements that were provided they were absolutely horrific there is no justification for any of that and M Mr Bixler knows that I expect that Mr Bixler is going to also address the court and not with any justifications for what he did but I think for Mr Bix it's important that people know how wrong he was how Disturbed he was and the great habit that he caused in everybody's life that he was involved with like that Mr Bixler knows that he is going to die in prison and he's had that belief that he's going to die in prison for a long time and he's been there over 30 years the fact that he's done well in prison hasn't caused any problems there these things we all know mean nothing but I do believe that the remorse that Mr dixler is going to express is real remorse because he gets no benefit out of anything he says or does here today there is nothing that Mr Bixler or I can do to change the fact that his life is going to end and Mr Bixler has already spent over 31 years in that type of life and he's going to stay in that life until he dies but he does have an opportunity to address this court and the victims in this case and try to bring some closure of what's going on beyond that I have nothing El St Mr daily thank you so Mr Bixler if you can step up to the microphone if you have something to say and make sure you speak loudly so that apologize for being nervous got quite a lot to say I apologize for to this to Christine Sandy and rayan and also to the many others who have been greatly affected by my actions I've now been incarcerated for well over 30 years and that length of time it stands to reason that man will go through many vitally important changes physically chronologically socially emotionally and intellectually he will change most profoundly of all if there is a remorse in his heart you will change spiritually as well I became aware of what I did and I faced it every day that I looked into the the mirror additionally over the course of these years a man will also experience the loss of many things he has held close to his heart with the passing of every friend every family member or every loved one he will begin to see his world chicked away little by little as he goes through this painful process he will either begin to understand the price he has paid for his deeds or he will become calloused and hardened by them often times there will never be an evolution emergence or an acceptance of responsibility for his actions this process has indeed given me cause to realize the wrong that I've done over the years I've laid my head upon my pillow at night hoping for sleep and sometimes instead on many occasions the demons from my past would keep me awake wondering how and why I ended up becoming the man I was back in 1992 and 93 guilt ridden and praying for some form of redemption I began to ask God for the ability to seek forgiveness for my actions first I had to learn how to forgive myself before I could seek forgiveness from others and I'm still in that process recently I was given a letter written by Ryan Smith in this letter she describes the torment she suffered long after I had been captured even after I had been sentenced to prison the harsh realities of what I had put her through continued to affect her life reading her letter I became emotional and filled with shame memories of that faithful day came crashing back swimming through my mind only now those things were brought into the present tense it became very painfully obvious to me that my actions and the harm and pain I had caused had not lessened with the passing of time with this realization the thing that rayan and everyone wants to know is do I feel any kind of remorse for the things I've done am I sorry do I regret the ways I have altered not only hers but the lives of so many of her friends family and loved ones as well my answer to all those questions is an emphatic yes and I want her Christine and Sandy and everyone who loves and cares for them and shared these horrible experiences with them to know that I am sorry for what you went through as well so you may ask how does a man like me at my age facing death Behind Bars come to accept responsibility for his actions the answer is both simple and complicated I've written letters to the the attorney general and the governor of Ohio in both letters I have asked them to work hard to ratify the current statute limitations laws in their state why would I do such a thing because rayan Smith is right there are others dating back to the mid 70s in Ohio because of the time limits or statute limitations as it currently stands many or most of the crimes I have committed will go unpunished had Michigan not had the foresight to address these time constraints we would not be here today so this this means that I am does this mean that I am only regretful or remorseful because I have been caught tried and convicted certainly not I'm much sorer than mere words could ever express I am shamefully humble humbled and invigorated at the same time invigorated because I am determined that my legacy cannot or will not be defined by the Deeds of my past instead going forward whenever it is possible I will prove my Remorse by revealing information for crimes I am solely responsible for and will admit to these wrongs in open court I will Aid the authorities in closing any and all cases that can be traced back to me if I were not sincere in this Quest I would not be speaking about these things in open court during a sentencing hearing I would like to address a comment I made while I was on the stand during my testimony in this case wherein I made the comment or I referenced why I had attacked ran Smith I said that I had done it before so I might as well do it again this is something I never had a chance to explain that thought process came from a place that no longer exists today sadly this is how I once thought I hated the world and everyone in it including myself additionally I set my own rules and anything and everything and everyone was fair game I gave very little thought or concern to anything regarding any kind of consequences for my actions had I been able to testify without restrictions placed upon me by prosecution's objections you would have heard my explanations for that comment and many others I that I made while I was on the stand it is now my fervent prayer that anyone who has ever been affected by my crimes will see the efforts I am going through to clear the records concerning my past which will in turn give others the chance to see Justice and closure for the things they to have suffered by my actions finally I want you to know I want all of you to know that it is because of your courage and strength I consider you to be the Catalyst that has prompted me to do the right thing I'm not just saying I'm sorry for what I put you through I'm saying that you can believe in my sincerity and know that my heart is in the right place I do not deny that my dying in prison is a fitting and just sentence there are no places in society for people like me I now will spend my remaining years doing the good things I should have done and been involved in all of my life in closing I want you to know that saying I'm sorry is truly resonating from my heart i' also like to even though they're not here apologize to my family my mother who is very dear to me I just can't keep hurting my mom I can't keep hurting people that love me and I can't keep letting these people wonder whenever I'm going to get caught or if I'm going to come back and attack him again I want it to end been tortured by this as long as these people have they have a right to be here today to hear you say I'm sorry I'm glad I have that OPP thank you m spce is there anything you'd like to say to have to people yes your honor I'm G to briefly address the part and then I'll allow Miss Wagner back in 1992 um this horrible horrible thing Mr Bixler did to CR and then in 2022 Chief Tony quos calls me and says he has a cus hit and I look at the case and I'm mortified about the events that took place and the person they got a cotus hit on is in prison for two other victims and throughout the course of this pending case I met with all of them and they're all very strong and brave and courageous and have been going through it for the last 30 years and they will forever be heroes to me for what they've been through I don't believe a word of what M Mr Bixler said when he addressed the court and said he found he apologized and he's truly sorry when he addressed the court he said I am sorry for what you went through it's not what they went through it's what he put them through he did that they wouldn't have went through anything had it not been for him he acknowledged there are others out there I got chills when he said that we all know that he wants to help bring closure to those cases again here's another attempt Mr Bixler being selfish wanting to go back to Ohio and not serve his time here in Michigan he has no interest in helping close any cases I wasn't here to listen to the testimony because although I charged this case and worked with the victims I got sick the morning of trial and Miss Wagner and Miss Arnold stepped in and I know they did an amazing job and I want to thank them for that and I want to thank Chief quos and I want to thank the victims in this matter and I don't want to say it by name on the record I want to thank you all um so if You' allow Miss bagner to briefly address [Music] the thank you your honor judge I read the um sentencing random that defense submitted yesterday and I listened to Mr bixler's comments I'm going to try not to be emotional this morning you're honor the fact that Mr Bixler has been a good boy in prison for the last 30 years the fact that he wasn't caught 32 years ago when he raped CR the fact that he now you know a month and a half two months after trial claims that he's sorry for his prior actions none of that lessons the impact that his actions had on these [Music] women and you heard about that during the trial and you we've all heard and felt that this morning I don't want to spend a whole lot of time this morning talking about Mr Bixler because I think we've done enough of that I do want to touch on just a couple things and one is these three women that you've heard from this morning like M said I think that they are heroes I don't want to refer to them as Mr bixler's victims after today because they survived him and the support that they've shown each other and showing up here for each other is something like I've never seen before and I the only thing I feel sorry about for Mr Bixler is that he clearly has never experienced that kind of love and support in his life the last thing I want to talk about your honor is that there was something else that the defendant set at trial that really just stuck with me he talked about the police not doing their job and the reason why other women were harmed was because the police didn't do their job and Miss we touched on that this morning too and I just really want to bring that home the police did their job all the way back from officer Carol who started this case um Sergeant Keith chief Rand Chief Randol our own investigator that worked so hard on this case um we had a special agent from Kansas come in and testify law enforcement did their job the prosecutors we did our job too um you know Miss Arnold and I got to step in at the last minute and kind of take whatever Glory there was to be had um in the trial but Miss Wise is the one that put all the work in to get us to that point she did her job and we did ours and this jury did their job too and I'm just asking you to do your job today your honor and make sure that these women never have to worry about this man again and to make sure that no other woman or child ever has to worry about him again I'm asking you to do your job and protect the innocent women and children from him thank you m m Mr Dy could you and your client step back up to the podium please in determining the appropriate sentence in this case the court has considered the seriousness of your offenses your history the principal proportionality the statutory penalty the class 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 Criterion reasons for the sentence are the nature and gravity of the offenses the discipline appropriate to their commission deterrence against repetition by you and by others the potential for reformation Vindication law on the protection of society Mr Bixler as I read through the victim impact statements yesterday and I read through your prior history starting all the way back in 1977 we have a trespass 78 a breaking and entering that was in let me see that occurred in Henry County Court of Common Please Grand Rapids we had another burglary that would be in Michigan Wood County Sheriff we had another burglary a lot of theft crimes and then we get to 1992 when this offense occurred and thank God for technology thank God for chief quas who had the you know the commitment to keep submitting we were able to locate you this many years later but after that 1993 you were convicted of gross sexual Inquisition in Wood County Ohio where you sexually assaulted your stepdaughter 1993 we had a couple more same offense she was 12 1993 um we have another kidnapping gross sexual imposition in Wood County we sexually assaulted a young woman 1993 Alice County Kansas that was your aggravated kidnapping rape aggravated robbery you were convicted there and sentenced to 23 years and 5 months that's your third maybe fourth victim that we're aware of 1992 putam County plea commment please aggravated burglary aggravated robbery and rape they were sentenced 10 to 25 years in prison in Ohio and now we're back to this offense I don't know if it was the first time you raped somebody I don't know if the last one you got convicted of I don't know I don't know how many women you've raped but you're the reason women and girls are not safe in their homes and their schools and their cars you're part of the reason women are not safe anywhere so I'm glad you seek forgiveness but that's between you and God because you're obviously not getting it here today from anybody it's a sentence of court that on file number 23- 21315 sfc you will serve 30 years to 50 years with the Michigan Department Corrections with credit for 444 days there's $130 crime victim rights C rights fee $68 in state cost and a $60 D fee you are to remain active on the Michigan sex offender registry for life and no contact with the victim in this case and as I said 444 days credit on count two kidnapping um once again you have a habitual fourth offense notice on this because you were convicted at trial it's a sentence of the court that you will serve a period of 30 years to 50 years with the Michigan Department of Corrections with credit for 4 44 days $68 in state cost on file number or on the same file count number three robbery armed habital criminal fourth felony sentence to the court that you will serve a period of 30 years to 50 years with Michigan Department Corrections with credit for 440 day four days there's $68 in state costs on count four breaking and entering a building with intent habitual criminal fourth offense you will serve a period of 10 years to 50 years with the Michigan Department Corrections with credit for 444 days where to pay $68 in state cost sir um I hope that you do actually reach out to people about other people youve brutalized because this woman has not had Peace of Mind in over 30 years and those other women deserve that so if you're a truly repentant you need to take care of those things so those women don't live their life the way she has now um anything else Mr Jones I just want clarify they'll be serr yes Ser concurrently because these convictions occurred beforehand they will be served concurrently with the other term of incarceration or serving so my bail is going to hand down to you three copies of your notice of right to appell it review one copy is for you to initial and date to acknowledge you received it that'll go on the file the other two copies are for you and if you wish to appeal your sentence you would fill out the information on those forms and mail them to the court within 42 days I don't that's fine but you have to have your rights so record should reflect that he has signed the notice of right to pellet review thank you all today for is [Music] [Music] we [Music] get [Music] oh weird Twisted Ted [Music] yes you got me right now no I mean done ask [Music] so that is oh [Music] okay all right than [Music] correct correct [Music] I don't know so [Music] no sure still why know later [Music] she know [Music] o all right it as you can tell we've had a busy morning so uh talked with Rhonda I think you did the deny sentencing already so yes so I had asked the people in the courtroom if anybody was here for that sentencing and then because it was a heest sing We cleared the court