Honorable Megan R.M. Stiverson’s Personal Meeting Room

Honorable Megan R.M. Stiverson’s Personal Meeting Room

second district court is now in session honorable megan stuyvesant presiding good afternoon uh deputies can i have william gibbs please good afternoon mr hotchkiss mr gibbs good afternoon good afternoon mr gibbs can you see and hear me okay sir yes ma’am mr gibbs i have two files to address with you today file two one zero four four five and two one zero nine zero three first i need to arrange you on both of those files but i also want to put you on notice that there was an allegation sir in each of these files uh that you failed to appear for an arraignment on may 21st of 2021 so we’ll need to address the fail to appear as well on file two one zero four four five mr gibbs there’s an allegation that on or about march 17th of this year there’s account one of controlled substance possession of analogues this is a felony that carries up to two years in prison and or two thousand dollars it also requires that unless you are sentenced to more than one year in prison the court shall impose license sanctions count two is operating while intoxicated under the influence of drugs this is a misdemeanor that carries up to 93 days in jail and between 100 and 500 in fines and or 360 hours of community service there’s the potential that rehabilitative programs be ordered as well vehicle immobilization is mandatory with a prior offense cost of prosecution and potential reimbursement for the government for any emergency response and expenses for prosecution operating i’m sorry count three is operating while intoxicated with an occupant less than 16 years of age in a vehicle that’s a misdemeanor that carries between five days to one year in jail between two hundred to one thousand dollars in fines in terms of the jail time it requires at least 48 hours to be conserved consecutively or an end or reimbursement to the government for emergency response and expenses for prosecuting on the defendant count four is operating while license suspended revoked or denied which is a misdemeanor that carries up to 93 days in jail and or 500 and then count five on that file is child abuse in the fourth degree mr gibbs that’s a misdemeanor that carries up to one year in jail or probation for up to five years file number two one zero nine zero three is a one count misdemeanor complaint that alleges honor about april 17th of this year one count of assault or assault and battery that you did grab a jacob bryan and threw him to the ground that’s a misdemeanor that carries up to 93 days in jail if you were convicted and or 500 in fines mr gibbs do you understand what it is sir that you have been charged with in each of these files and also that there’s an allegation that you failed to appear for arraignment yes ma’am mr gibbs did you have a chance to speak with your attorney mr hotchkiss regarding these matters yes i did all right mr hotchkiss because mr gibbs on file 21045 has been charged with a felony he has the right to have a probable cause conference and a preliminary examination so i’m going to schedule him for those i obviously don’t need to appoint him an attorney because i have you present so we’ll get that scheduled for that probable cause conference in terms of the misdemeanor assault and battery how would he like to handle that at this point in time uh for purposes of the arraignment today your honor my client intends to uh plead not guilty on that charge drawn or perceived as necessary so we’ll go ahead and enter a not guilty plan on both of the files and mr gibbs that misdemeanor assault and battery i’ll just stop that for a pre-trial conference at the same time as the probable cause conference then on the felony file now mr hotchkiss on behalf of mr gibbs have you had a chance to speak with him about the allegation that he failed to appear for arraignment and do you know how he wishes to address those at this point in time uh yes your honor obviously it’s uh he did not appear for the arraignment at that time and he’s understanding he’s understanding of not appearing although he does have a rationale as to why he did fail to appear the arraimus we’d like to just move forward and address that as he did not appear yes mr hodgkin so mr gibbs what that means is uh it sounds as if you’re willing to admit responsibility accept responsibility for that and offer me an explanation is that correct yes ma’am all right and then mr joshuas will address bond after i take his plea on the fail to appear mr gibbs has anybody threatened you harass you told you that you had to come in here and admit responsibility to the failing to appear no ma’am has anybody promised you anything sir no ma’am can you raise your right hand for me do you swear or affirm that the testimony you’re about to give is the truth the whole truth and nothing but the truth so help you god yes ma’am you can put your hand down mr gibbs on each of these files there’s an allegation that you failed to appear for an arraignment on may 21st of this year 2021 is that true yes ma’am can you tell me what happened um yes my phone actually was turned off and i hadn’t received any letter in the mail of when my court date would be me and mr hodgkins actually had spoke with you and went to a court date prior to that and actually i sunk my contacts to my snapchat and realized that my attorney was in there i hit i contacted him on snapchat because my phone was off and i asked him you know if he had heard anything about what when my court date would be and that’s when he advised me that i actually had missed both of them all right yes okay mr hatches uh do you believe i received enough information from mr gibbs uh to accept his plea on his uh fail to appear showcase uh yes i do your honor if i could offer all a small bit of additional information absolutely um i it is the case that mr gibbs was unable to be contacted i did reach out via email made attempts to reach out via telephone communication with a call with a text and uh did in fact receive a snapchat which is an unusual form of communication for me but i did receive that from uh mr gibbs and he did indicate that his phone had been shut off for an amount of time i did attempt to make the same contact with him the date of the arraignment as well and i believe two days prior again the phone number that i had contact indicated that the phone had been shut off i do not know for how long it had been but i would corroborate that his phone had been shut off for a period of time um before the arraignment period your honor was not something that just occurred that day so for some period of time he was without any form of communication so i just want to make that clear for the record all right excuse me thank you mr hatches mr gibbs i will find you guilty of contempt for failing to appear in each of those files uh what i’m going to do on that sir is i’m just going to go ahead and assess penalty in terms of uh time served for the time that you’ve already been sitting in jail on those and then uh mr hatch because i think that we need to address the matter of bond then since he’s back picked up on on both of these files yes that’s correct your honor uh if i could make an argument for bond um i believe it was the case that mr gibbs had turned himself in previously to the court my understanding of the situation was that mr gibbs had turned himself in and was actually turned away at the jail um and did not need to remain there that is information that he received and so on good faith he turned himself in without needing the prompting upon my information and belief he’s been in communication or he has stated communication as a probation officer and he’s not uh out running a muck i would say he’s not accumulated charges since this these incidences had occurred uh mr gibbs maintains that he’s stayed at his address and has has stated his address since this time frame and so he was he was unsure why he was able to be served at that address he’s uh not fled the state i don’t believe he’s a flight risk and so i would i would ask that bond be sadness matter such that my client would be able to uh be released from the jail your honor and be in the discretion of the court of course but i do not believe that my client is a flight risk nor do i believe that he’s at substantial risk of harming the community at large all right so mr gibbs i’m i’m sure you’re aware at this point in time that your bond had been forfeited previously on on each of the files which means i need to address it or to reset it at this point in time i believe that you being in contact with mr hotchkiss now is helpful uh do you have working telephone at this point in time yes ma’am i do i do man and your address hasn’t changed you’re still over at this graceland drive address is that correct yes ma’am all right i’m going to allow you to be released on your own personal recognizance then on each of the files make sure that you follow all of the terms and conditions of your pre-trial release um i don’t know in this case if there was a yes there was a no contact provision on the file two one zero four four five i am going to i’m sorry on the um two one zero nine zero three i am going to continue that i believe that was a mr brian or uh yeah jacob bryan you’re not to have any contact with that individual uh mr gibbs again follow all the terms and conditions and pre-trial release more importantly make sure that you’re here for the probable cause conference that we’ll have scheduled for you and i want to verify that you understand mr gibbs what will happen if you don’t come can you tell me oh i know what will happen if i don’t come in i’ll be sitting right here and actually feeling more of an idiot than i already do well i don’t know how you’re gonna feel but that would be my assessment of the situation again so so so we’ll go ahead and do that pr bond and both of the files make sure that you’re here for that probable cause conference follow all the terms and conditions of your pre-trial release you stay in touch with mr hotchkiss and i’ll see both of you for your probable cause conference yes ma’am thank you very much for your time good luck to you thank you mister thank your honor always a pleasure of course have a good day mr radsman you ready ready your honor all right deputies can i have harry carlisle mr carl out [Music] good afternoon mr carlisle can you see and hear me okay sir yes ma’am mr carlisle i have two files to arrange you on file two one one six one three sir this is a one count felony complaint it alleges back on or about august 23rd of this year one count of controlled substance possession of methamphetamine or ecstasy this is a felony that if you were convicted carries up to ten years in prison and or fifteen thousand dollars in fines it also requires that unless you were sentenced to more than one year in prison that i impose driver’s license sanctions file two one one 211538 a legislator that back honor about july 21st of this year one count of controlled substance possession of methamphetamine or ecstasy this is also a felony that carries up to 10 years in prison if you were convicted and or fifteen thousand dollars in fines mr carlisle it also requires again that unless you’re sentenced to more than one year in prison i shall impose driver’s license sanctions mr carlisle do you understand sir what it is you have been charged with it’s no longer and have you had a chance to review your advice of rights all of the rights that you have available to you in a criminal case yes ma’am you had a chance to speak with mr rasmussen the arraignment attorney here briefly this afternoon as well yes ma’am i did all right mr kyle because in each of these files you’ve been charged with a felony you have a right to have a probable cause conference and a preliminary examination schedule so i’m going to get those scheduled for you is as quickly as possible and within the time frame sir i’m also going to request that an attorney be appointed for you if you cannot afford one so that probable cause conference will be a chance for you to meet with your attorney and with the prosecutor to see if there’s any resolution prior to the preliminary examination all right mr carlisle okay all right so mr ratzman having had a chance then to speak with mr carlisle on these files is there anything that you would like me to take into consideration when setting bond uh yes your honor um mr carlisle lives roughly or actually probably less than a mile from the courthouse he does live with his mother um he tells me that he helps um at the salvation army passing out food i don’t believe he’s a flight risk he does promise to show up to court um he tells me that he has some minor minor offenses on his on his record like driving violations and such um i’d ask that a pr bond be sat on both of these counts at this time your honor all right mr carl is there anything else that you’d like the court to consider when setting a monster yes i helped my mother out she stayed at high lives and i have to help her out she’s gonna lost the gym but i won’t grow nowhere i’ll be here on call like i’m supposed to i’ll take care of this matter so um mr ratzman uh mr carlyle the court does have some concerns in terms of some past history with mr carl rick carlisle regarding substances he had a misdemeanor conviction back in 2011. that was for a possession of marijuana however for what it’s worth and i will give that its weight considering the legality of that substance currently what causes the court the most concern is that very recently back in 2020 mr carlisle had been charged with a felony controlled substance possession of methamphetamine or ecstasy which he has two counts of that he’s facing today he did end up pleading guilty to use of that controlled substance possession i’m sorry use of methamphetamine or ecstasy and actually i believe received 90 days in jail at that point in time with that being said then and based off of the circumstances the court is willing to set a bond i’m not however going to give a pr at this point in time mr carlisle what the court’s going to do and file 211538 i’m going to stats a bond of 10 000 10 would need to be posted in order for you to be released if you are able to be released mr carlisle if you’re able to post that bond the court’s going to require that you be on the court’s color screen call-in log which means you would need to report here upon your release to the court to receive a color so that you can be randomly drug screened while you’re out on bond on file two one one six one three the quarters will integrate a pr bond because i’ve already set a bond on the same charge on file two one one five three eight so you just it’s gonna be the ten thousand ten percent on one file and i gave you a pr on the other you understand mr carlisle yes no all right if you are able to post that bond make sure that you make it here to that probable cost conference because as i reminded the gentleman before you failed to appear for some reason i don’t see you at that probable cause conference your bond gets forfeited and you get picked up and put back in jail you got it yes ma’am all right good luck to you mr carlisle we’ll see you at your profitable costco did you care no on three 211 and i did pr him on six one three four sorry no problem we have a lot going on uh deputies can you give me megan herscheiser [Music] a good afternoon i need to arrange you today on this one file it alleges that back on or about august 23rd of this year one count of controlled substance delivery or manufacture of methamphetamine this is a felony ma’am that if you were convicted carries up to 20 years in prison or 25 000 in fines and or 25 000 in fines it also requires that unless you are sentenced to more than one year in prison i shall impose license sanctions uh driver’s license sanctions as well mr scheisser do you understand what it is that you have been charged with yes i do all right and have you had a chance to review your advice of rights all of the rights that you have available to you in a criminal case yes i have and i see that you’ve signed that advice of rights forms as well and i have made that part of the file did you have a chance to speak with mr rasmussen the arraignment attorney as well this afternoon yes i was able to mriser because you’ve been charged with a felony you have the right to have a probable cause conference and a preliminary examination scheduled i’m going to get those scheduled for you man within the statutory time frame so i should see on that probable cause within the next week or so i’m also going to request that an attorney be appointed for you if you cannot afford one that’s so that you have legal representation throughout the entire criminal case at the probable cause conference you will have a chance to meet with your attorney and they’ll have a chance to speak with the prosecutor to see if there’s any resolution to the matter prior to the preliminary preliminary examination running do you understand yes ma’am i understand all right mr radsman having had a chance to speak with miss hersheiser then is there anything that you would like the court to consider when um placing a bond on this file uh yes your honor um miss hersheier lives roughly 20 minutes away with a roommate from the from the court um she lives in osseo michigan i don’t believe she’s a flight risk she does promise to show up to her future court dates um she does uh work um i guess you could say on the side as a salesperson doing online sales uh selling odds and ends um i’d ask that a pr bond be set on her file at this time your honor is there anything mr scheisser that you’d like me to consider other than what mr ratzman has placed on the record and for purposes of setting a bond um no ma’am i think he did a good job thank you all right uh miss herscheiser in terms of reviewing a past criminal history with you there’s a few minor things on here it looks like you pled no contest to a disturbing the piece back in 2010. you do have a prior substance abuse related defense she pled guilty to operating uh while impaired um recently i’m sorry back in 2013 and then there was a 2019 case that was dismissed that i’m not going to consider or certainly use against you so you do have the one substance abuse related defense that being the operating well-impaired that the court takes into consideration as well i also have to take into consideration mr schreiser what it has been that you have been charged with specifically in this instance um they have charged you with actually a delivery or a manufacturing of methamphetamine versus a possession or a use of methamphetamine misericizer so it’s it’s pretty serious obviously that being a 20-year felony what they’ve charged you with i have to take into consideration potential safety issues to the public as well based off of this potential this specific charge that you have been accused of i believe the bond was originally such a relatively high it’s a 50 000 10 i’m willing to reduce that to a more manageable and what the court believes to be a reasonable bond considering what this charge is and what i’m going to do miss herscheiser i’m going to set the bond at 25 000 10 would need to be posted in order for you to be released mrs herscheiser if you are able to post that bond you need to be on the color drug call-in screening which means if you post that bond you come directly here to the court so we can give you a color and then we do random drug screens on you while you’re out on bond to make sure that you’re not violating you also have to follow all of the other terms and conditions of your pre-trial release if you post that bond and the one i really want to address with you is that you shall not use consume or possess any alcohol marijuana or any illegal substances anything that you don’t have a prescription for this hershey’s do you understand the bond conditions that i’ve placed on um yes i believe so all right mr scheisser we will see you back here then for your probable cause conference at any point in time during the court proceedings the attorney that you are appointed or that you hire is able to bring up any concerns regarding bond and i’ll readdress it for you and with them at any point all right ma’am all right thank you good luck to and i believe last time [Music] good afternoon mr schultz can you see and hear me okay sir yes ma’am mr schultz i have one file to iranian today file two zero zero nine one nine um this is a larceny from a motor vehicle i’m looking here bear with me just a minute mr schultz there’s a whole bunch of paperwork in here yes ma’am all right if i’m accurate in looking at this mr shelton you feel free to interject are you mr ransom if i’m incorrect it would appear that the reason i’m arraigning mr schultz today is because there’s an allegation that he failed to report to jail as directed in court on september 23 2020 on this file is that what you have mr rasman uh no judge i have a bench warrant issued um for mr schultz leaving a residential facility hold on and see if i can find that one as well this is dated june 2nd of this year got it i missed that one thank you for bringing that’s my attention i’m sorry about that to confuse you mr schultz i found the cracked one now uh there is an allegation in here sir what i’m arranging you on is that you left a residential facility before completing all its requirements contrary to the conditions set for release from jail upon arrest you were to serve the remaining 41 days in jail left on your sentence that’s what you’ve been accused of do you understand mr schultz what it is then that you have been accused of and then i’m training you on youtube yes you’re honest all right mr schultz did you have a chance to speak with mr ragsman about all of the rights that you have available to you including having the right to have a hearing in this matter should you so choose too yes ma’am all right mr radford having had a chance to speak then with mr schultz how would he like to proceed on this well i believe he’d like to make some admission and maybe uh inquisitive as to whether or not the court is inclined to follow that remain us serving out that remaining 41 day jail sentence just so that there’s uh complete transparency mr schultz and mr reds when that would be the court’s intention is that he would have to follow through with what the requirement was if he were unable to complete the residential program and that’s kind of where we are if he makes that admission yes he would like to make that admission your honor all right mr schultz let me verify before i swear you in and have you explain what happened has anybody threatened you sir or harassed you told you that you had to come in here and make admissions or plead guilty no man has anybody promised you anything sir other than um the statement that i just made that i intend to give you the rest of your 41 days in jail on your sentence no ma’am can you raise your right hand for me david do you swear or affirm that the testimony you were about to give is the truth the whole truth and nothing but the truth so help you god yes ma’am you can put your hand down mr schultz the allegation sir the allegation sir then is that you left the residential facility before completing it as required and it was alleged at that point in time sir that if you didn’t complete it as required you were to serve your remaining jail time out on your sentence is that true yes ma’am what happened why’d you leave the residential it wasn’t what i thought it was i thought i’d be able to go there and get a job and establish myself but once i got there it was just that i had to stay at the program and do the program but i needed to be someone where i could establish myself and i thought that’s what i was going to be able to do when i wasn’t man all right you understand that the primary concern at that point in time when you’re going to a residentialist to get you clean and sober first before we get you established no man i didn’t understand it ma’am that’s the first time i went to one so i didn’t understand it until i got there that i didn’t know all right you understand though that if you didn’t complete the residential program you were supposed to come back to uh to jail to finish serving your sentence is that correct yes ma’am all right mr radsman do you believe i received enough information from mr schultz to accept his plea and find him in contempt yes i do your honor all right mr schultz i will find you in uh contempt of court uh what the court’s going to do in terms of imposing penalties i’m simply going to assess that you serve the remaining 40 day 41 days that were left on your sentence i don’t know how long you’ve been sitting in there picked up on this but you would certainly get credit for those days uh onto that 41 as well when did you get picked up david july 9th it’s been 47 days we have 14 days here i was in rgbc are you in there on something else uh mr schultz no man we have an out date anya of 9 18. do you know what that would be for mr schultz 19 in september no ma’am this is the only thing i have against me man all right since july 9th so what i’m going to do mr schultz you’re you’re going to serve those remaining 41 days i’m going gonna give you credit for um the time that you’ve been in there bear with the court for just a couple minutes what i’ll do is send some paperwork over to the jail or we’ll contact them i need to find out how long you’ve been sitting there on this i don’t necessarily disbelieve you mr schultz but i have to verify what it is you’re sitting in there and then i certainly will give credit for any uh time that you’ve been sitting in there on this particular file so let me check into that if it does show that you’ve been sitting there for the 41 days that you owed me since uh you’ve been uh picked up from that uh leaving that residential then you’ll get credit for those uh if not and you owe me some additional time then you’ll sit there a little bit longer all right sir yes ma’am thank you all right good luck to you david all right courtney
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Honorable Megan R.M. Stiverson\'s Personal Meeting Room

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