5/23/2024 Sentencings

is made buyers here where you at no so in the matter of the people of the state of Michigan versus Kenneth James Armstrong B number 23- 21474 FH 23- 21475 FH 23-21 476 FH 23- 21478 FH 23- 21549 FC 23- 21550 FH 23- 5607 PP those matters have been adjourned to June 28th at 8:15 in the morning is Jesse Smith in the courtroom Jesse Smith Jesse Smith courtroom two good morning Mr Goldstein I do not have Jesse Smith either in the waiting room or in the hallway so I didn't know if you want to give your client a call he's usually here I will do that your honor thank you thank you Mr Murphy are you ready on Mr fans yes honor and this is in the matter of the people of the state of Michigan versus Brian James fanso I'm sorry I mispronounced it B number 24-27 60 FH I have Matthew Murphy appearing on behalf of Mr F fanso and I have random prosecutors all over today but I don't think any of them are here for this file so Mr panso let me see so miss Adams did we okay this is not a that's why all right so this is the time set for contempt sentencing and a pre-trial conference um I have a letter dated May 22nd of 2024 from Darren coost who is my pre-trial services coordinator he States on April 24th Mr fonso pled guilty on a contemp for registering numbers on his machine it was ordered to get set up for the drivers vention program and to attend AA on a daily basis he indicated he has registered for the June 8th class today is the actual contemp of Court sentencing Mr fonso registered numbers yet again on May 12th um blowing at 054 at 11: p.m and a 053 at 11:15 and um we do have a warrant for his arrest for this latest violation that was issued and Mr Murphy the last time we were here um all right so um Mr Murphy are you ready to proceed for sentencing today John um we're ready to proceive sentencing on the contempt that he PL guilty too um obviously um if the court wants to adjourn that because of the the fact there's another thing um in regards to that matter your honor um I mean with the underlying charge still pending um we ask Court to consider placing them on probation on that contempt Court to allow the court to basically have a a a stronger leash on Mr fan while the underly page going of course obviously with the um Bond conditions in place um and obviously I wasn't aware of the new violation the new allegation um but I do believe that um for like incarceration pending the underlying charge being um worked out isn't necessary right now Mr franville obviously is here he's not trying to flee um what we're seeing here I think is the tip of the iceberg in regards to his issue um in regards to alcohol um that's why I was asking the court to consider not incarceration and probation in regards to that so whatever happen with the under iron charges you still have you still have him on probation for that for the contempt try to work with that honor so ask I don't have really the resources to put them on probation on a contempt court at this point Mr funso is charged with operating while intoxicated third defense felony um so Mr fanso are you employed yes where you work CH Automotive okay um Mr Coast I did review the statement um that you provided us yesterday um has you registered any number since May 12th uh no judge not since May 12th and how many times a day is he doing pbts he's doing pbts twice a day once in the uh morning and once in the evening can we do alcohol tethers uh we do judge um we have um alcohol scram units um which attach to the ankle which is 20 um continuous um monitoring 247 okay and you verifi he works at ktop I don't have verification of that judge I mean I I could get verification of that however all right do the people um want to weigh in on this at all no okay all right so um Mr Murphy what I will do is I'll switch them to a scram unit J got to put that on today um sir one and incident again of consumption of alcohol then I need you to understand you're going to sit in jail till this Trail is done do you understand you have a serious problem I think you're making an effort not to consume alcohol but you obviously are an alcoholic so I'm also is he um have you been doing AA daily yes you got your sheets okay so I'm going to order I'm going to amend his bond to add that he has to do a scram unit Mr Coast I'll have him meet with you in the hallway yes ma'am is that okay and then um I need you to provide your verification of AA to Mr Coast every two weeks and that's seven days a week right yes um so do we need it what's the play offer in this file right now it has charged I just going to ask for a brief adment of the underlying charge on the pre-trial um to try to speak with the prosecutor about any possible change on that obviously I think we want to resolve this fairly quickly here give Mr crl moving along with his life all right so how long how far out do you need fre maybe two three weeks or if it's for schedule best I know yeah that's not going to work um Miss Adams July 3rd or July 10 still available I can't do July 3rd H I'll July 10 still available um we were just doing arraignments but okay July 17 July 17 okay so we'll set this can I get a notice from Mr funo so we'll set this for another pre-trial July 17th at 8:30 in the morning Mr Murphy um if you if you get a ple offer that your client wishes to Avail himself of um you can bring him in earlier for a plea yes your honor and he probably spritey Court might be a good thing to have him screen for yes your honor thank you okay um Mr funo have a seat at that first row somewhere and we will get you a notice appearing okay and then when you're done I need you to go to the hallway and meet with Mr coast thank you Mr Murphy you have another one seconds sure I all of but I don't know we did that just [Music] can I ask Mr Gold you sure do you want me to ask Mr Goldstein if you would like to date sooner okay 20 if it is at the 28th it'll be like your honor I spoke to my client he thought it was tomorrow he'll be there around 10 o'clock so I'll come back around 10: I assume you're going to be doing stuff all morning so yeah I'm here all day so yeah that'll work fine anything for you Mr Goldstein thanks I'll see you at 10 all right thanks okay all right thank you so Mr where' you go Sam are you ready on Milo Leatherwood I am Jud is he here he [Music] is for Mr lewood you want to step up to the podium just come right up here all right this is in the matter of the people of the state of Michigan versus Milo Kenneth Lew wood III file number 24- 21751 FH and Salvatore Maro appearing on behalf of Mr Leatherwood Mr Leatherwood is in person from the Michigan Department Corrections also I have BB McClure here on behalf of the people so this is the date and time set for sentencing was he able to be printed this morning yeah excellent thank you did you go to the APD office all right so thank you for your patience morning gentlemen all right so this is not my you're not my little otherwi no you're well I'm not going to send you that so I think what's your name he's he's Jud to Old saers wrong guy was nice to see you how good day Mr lewood yeah I didn't think he looked familiar but I see a lot of people every day so hi Mr Leatherwood how you I'm good so this is in the matter of Milo Kenneth Leatherwood III ball number 24- 21751 FH I have Sor mararo appearing on behalf of Mr Leatherwood and I have DB McLure appearing on behalf of theut so this is the date and time set for sentencing in this matter um Mr Moore is on Zoom Mr mararo um just so you know he is here so Mr lewood did you get a chance to review your pre-sentence report with Mr malaro yes ma'am are you satisfied with Mr malaro as your attorney and the advice that he's given you yes your honor Mr malaro do you wish to explain or challenge the accuracy or relevancy of any information in this presentent report no your honor um does the pre-sentence report disclose any prior convictions in which there exist any known constitutional defect that's my not knowledge probation department or do you wish to challenge anything Miss mlar no okay the probation department has computed the minimum sentencing guidelines to be 14 to 29 months do you agree with that compensation of guidelines I do agree with it all right before the court passes sentence is there anything you would like to say on behalf of your client judge um I know about the cops too there is the agreement to the low on of the guidelines uh you know judge I've met with Mr Leatherwood now a couple times he's always been Pleasant and appropriate with me I know there's been issues with him in other matters I we've had good conversations and I my only hope is that Mr lewood takes this additional time to reflect on his behavior with people that you know he has no control over and that the court sentence according to the recommendation all right Mr lewood is there anything you'd like say on your own behalf truly honest mate I was having a bad day it won't happen again I appreciate that um 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 offenses the discipline appropriate to its commission deterrence against repetition by you and by others the potential for reformation Vindication for Law and protection of society so do you have um do you have a potential outdate yes 2032 2032 so we're moving up on that date right so we don't want to get in trouble like this because you want to get out yes I do it's been a long time for you so sir I hope this is a oneand done and it's not going to happen again I know it's probably hard to have a bad day in a place where you're controlled every movement you make but these are the things that will keep you in prison okay all right the sentence of the court that you will serve one year two months to 5 years with Michigan Department of Corrections I can't give you any credit for time sir because you were a prisoner at the time the offense occurred um there is a $130 crime victim rights fee and $68 in state cost so Mr lewood you do have the right to appeal this sentence and my Bay's going to hand down to you your notice of right to pellet review just initial and yes Mr we need to address if it's or that is consecutive it is cons yeah it is consecutive so um Mr Leatherwood you're just going to initial and date one copy for my records to acknowledge you receive the paperwork all right the other two copies are for you and if you wish to appeal the sentence you would fill out the information on the form and mail it to the address list on the form within 42 days or you can do it here if you wanted to okay so my B's going to hand that to you all right so Mr lewood I wish the best of luck okay thank thank you I love you all right um thank you sir judge while you're shuffling between cases I sent you a chat [Music] message she does this to me and I have ADHD and it's like really bad let me see where's our chat um okay will you have that attorney come up here please yes ma'am thank now he's not here not here okay thank you so Mr Murphy they are currently bringing Mr Tatum over [Music] okay all right is me buyers here yes all right Mr buyers fancy someone wishes to speak on this case okay [Music] all right this is in the matter of the people of the state of Michigan versus me Jonathan buers file number 23- 21531 FH I have Matthew Murphy appearing on behalf of Mr buers and I have Phoebe McClure appearing on behalf of the people this is the date and time set for sentencing I have received a prese sentence report from district court and I show that we mailed that to your office on May 15 Mr Murphy and you've had an opportunity to review that with your client yes your honor all right um so um Mr buers you've had a chance to review your prese report and there's a victim impact statement you reviewed that as well yeah okay it was about the request for restitution and did he get to see this did you get to see this yes okay all right are you satisfied with Mr Murphy as your attorney and the advice that he has given you yes okay sir please speak up you got to speak up a little bit for me okay because we record this so all right does um Mr Murphy do you wish to explain or challenge the accuracy or relevancy of any information in the preent report no you are all right does Miss Miss mlar do you um no does prent report disclose any prior convictions in which there exists any known constitutional defect all right there are no guidelines on this because it is a misdemeanor I do have someone who wishes to speak today so Mr buers can you sit in the far seat please and then Mr Murphy have a seat and miss mcer you have the person that wishes to speak tomor ma'am you're GNA step up to the podium and you're going to look direct you're going to speak to me okay okay so um what is your full name my name is Becky prer Mr Murphy can you move that microphone for her or she can move it bend it down Bend there you go State your first name again Becky prman and spell your last name p r a j z n e r all right so going you're soft spoken so I need you to speak loudly and what would you like to say so what I would like to say is I want all I want is for me buyers to pay the entire cost of my radio to fix it the cost is $1,422 60 since there is no warranty on it because he punched it and every time I get in my car it is a constant reminder of that night and the last memory of our relationship I just want to put this all behind me and my hopes is that he will finally get help with his anger and his alcohol problems so that something like this does not happen again or to someone else thank you ma'am thank you you go have a seat okay before the court passes sentence um you guys can stand back up please miss McClair is there anything you'd like to say on behalf of the people yes judge the only thing I'll ask is this case is one that was set for trial and in preparation for trial I spoke to a number of individuals who are close with Mr buers and the common theme that I kept hearing was he has an alcohol problem um or an anger problem or they go hand in hand so I would just ask the court take that into consideration in fashioning its sentence and its probation terms um otherwise um obviously we're also asking for the fat full restitution amount I know in working out the case with u Mr Murphy there was some back and forth we weren't sure if there was an insurance deductible that type of thing but um I was mistaken and it it is that full amount I think that was disposed before the plee um so I'm just asking for that thank you Mr Murphy anything you like to say on behalf of Mr buers um your honor as Miss Mur indicated uh there was back and forth about the restitution amount um Mr by was under the impression that it'll be a deductible amount at this time um he was going to ask the court to consider um a restitution hearing um I'm going to speak with him further about how we want to approach this if we're going to be able to do an estimate ourselves or what we're going to do in regards to that matter um but in regards to the restitution that was what he was asking um for sentencing your honor obviously um Mr buyers has been on bond conditions since the outo of this case um the bond conditions placed on a district court included no alcohol use um there have been no violations of those Bond conditions um this incident obviously occurred um after a festival um Mr vs admittedly was drinking he wasn't driving um I don't believe that his his U consumption of alcohol that night was anything out of the ordinary in regards of the people that were there um just obviously this incident occurred now um obviously it's about Mr buers and significant other that he had relationship with or had a relationship with for a long period of time um he understands and we are um we understand you know the situation is over now uh meard matter has to contact her he does wish that you know her the best and just they both go their separate ways um we do understand that this incident obviously Mr buers um our opinion of the matter is not that he was being assulted obviously he didn't plead do an assaultive crime um he does apologize though for any of his behavior that would cause any type of distress to um Miss Tyner I'm sorry if I mispronounced that um he does apologize for that your honor but I don't believe that's necessary to have him on a long-term appr probation to monitor him I don't believe it's necessary to monitor his alcohol consumption because again he's been on bond conditions there been no violation of that he has not been um consuming alcohol he hasn't had any issues with that so that's what again to consider um I ask for to consider fines and costs in this matter I don't believe a period of probation is necessary I don't believe judicial resources are necessary to monitor Mr buyers um obviously if he has any issues with the law he'll be charge accordingly um I believe again the only issue out standing there would be the payment of restitution amount which Mr by's asking the court to consider um setting hearing for that you honor then obviously if uh based on a restitution amount how much you have to how long you have to pay that back be the only amount of time You' be under provision what we ask M mlar the only thing I want to respond to is the restitution request um at the time of The Plea I know we put on record that the deductible was $1,000 but Mr Myers knew it could be up to ,400 actually at the time of The Plea we set up to 1,700 there we go yeah I know it was placed on record I know up to um that's why you always have a right to request a restitution here so that's not an issue all right Mr buers anything you want to say on your own behalf no ma'am so Mr buyers you have a history that would indicate to me that you have an alcohol problem Mand oring or management issue you have a from 2001 haven't impaired in 2001 marijuana which was set aside those are a long time ago you VI I'm sorry you said a b& I've never had B mror one back in one I've never had a breaking and entering I don't know what that is well I don't have your lean but um it shows on your prior record so anyway um I showed that you violated pretty much all your probations except for one or two you haven't impaired from 2001 you have hey I'm talking thank you you have an MIP from 2003 that was set aside you have an MIP contempt you have an aggravated assault in 08 you have an OWI in 09 and you have a disordering in 2015 so they're spread out but it's enough to indicate to me that you probably have issues when you consume a call and you do stupid stop that's that's that's I'm talking not you so that's what I see when I look at this so you know I saw you kind of make a face earlier and I understand but on paper you have a problem and you need to address that and sometimes we don't recognize when we have a problem until something bad happens so I um I am you know I am concerned but I think that it's spread out enough that you probably can deal with this so in determining the appropriate sentence in this case the court has considered the seriousness of the offense your history the principle of proportionality the statutory penalty the cost of confinement the sentence and guidelines the report and recommendation of the probation department here I'll just stop while you guys do that what do you need you need a moment I'm sorry I just going through his criminal history I'm you know there's an issue with and I didn't realize beforehand I just wanted to make sure if he wanted me to address you have access to his criminal history Mr cler yes because I mean the issue I obviously run into again I I I apologize not addressing it beforehand looking at it again now obviously with an MIP in ' 03 the suggestion be end the prior behavior before that may have been his father that was attribut okay well hold on Miss mlar come and what was the date of the one we have 01 only thing I have is in 2008 a home invasion second degree that was reduced to an attempted I don't even have that have an agult in 2008 what's your dad's name I have an AGA in8 as well Ricky buyers I've never had a p& ma'am that's why well there are missdemeanor ones there's so the 2008 that that was the home invasion attempted home invasion home inv I don't I don't show on my criminal history that but I also show the 2008 and then a number of and then yeah I show a disorder and 15 an ow and 09 yes a salt and 08 that is all correct it's just an MIP and 03 the b& I've never I've never had a breaking and entering ever I have an impaired And1 is that you yes yes okay I apologize for I just want to make sure everything was correct right and then the b& from1 do you show that no all I'm showing is the 2008 home invasions I don't show any other b& okay that would be corre think that was probably your dad maybe or something I have no idea but so you don't show it's definitely not me I've never had a be how old were you in 2001 okay so I'm gonna write on here and you don't show it either okay so I'm gonna cross that off all right so anything else nothing further on it all right the criteria and reasons for the sentence are the nature and gravity of the offense the discipline appropriate to its commission DET turns against repetition by you and by others potential for reformation Vindication belong protection of society so Mr buers um restitution may or may not be high you have a right to request that hearing so I'm going to order the 12 months probation um to be honest if you comply with everything they usually will um petition to release you early if you've completed all programming and done what you needed to do so 12 months probation I'm going to order restitution in amount of $1,422 60 you can request a restitution hearing if you would like um you're not to use any illegal Controlled Substances or alcohol there'll be random testing search and seizure so if they feel you violated the terms your probation they can enter your car your house um your phone you're not to have any alcohol in your home or legal Controlled Substances I am going to order um in your management class no contact with Miss pner all right and um that is it anything else Miss mlar no you all right so um Mr buyers I would ask that you report to District support probation Miss Adams is it next Thursday they'd like me to send them down she's not there how about next Thursday between 8 and 10 can you do that that's correct judge all right so next Thursday between 8 and 10 I need to report to Mike McCarron down in District Court and he'll be your probation officer and Mr Murphy and you decide you want a restitution hearing Mr Murphy will schedule that through my assistant all right yes Conor thank you all right oh I got to do f c I'm sorry um you probably want to get paid so there is uh $750 in court costs $450 court appointed attorney fee $75 crime victim rights fee $50 in state cost there is $100 law enforcement fee right we come that to yes and then because it's a misdemeanor [Music] property you pled to less than 200 right correct so there is 125 oh I missed SP so there's $125 fine this is a misdemeanor so there's 50 I'm going to lower that $50 no that was right $75 Prime victim rates Fe $50 State minimum cost so that'll be paid off during the 12 months if you pay pay it off early complete all your programming usually after 6 months they'll release you from probation all right so you do have the right to appeal this sentence so my Bay's going to hand down to your Miss Adams could I get paperwork from Mr buyers please oh sure I'm looking at my it's not in my stuff either so in a minute my oh he has it Miss Adams so my B's going to hand down to your notice of right to pellet review paperwork one copy is for our records just acknowledge you received the paperwork so just initial and date it the other two copies are for you 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 you could call and have him bring Mr Tatum down thank you hon all right Mr Murphy Mr Tatum is still not here yet so do you have any a judge all sa you want to go take care of um yes your honor I do okay why don't you go do that Rec I received back copy of the notice right toell review Mr malaro yes we doing that thing again and I don't know why you're here oh on the juvenile case no no what are you here for I was here for Mr I have to leave immediately but we're done no because I keep looking for a client for you to sentence and I I can't find anybody so you're done you're just hanging out fans from your court room or something no no you're just hanging out okay so um just hanging out okay so are we ready Miss hunigan I'm ready all right so I'm going to go off live stream