Defendant’s Family Loses It—Judge Hands Brutal 25 Years!

Kaden Fontenette, Mr. Rohas, it's a sentencing. Good morning. Are you Kayden Kaden Yes. Fontenette? And this is 25 DCCR 1759. Mr. Fontenette was previously in court, entered a plea of guilty to the first-degree felony offense of aggravated robbery. It was an unagreed plea. I've received the pre-sentence report. Have you both had an opportunity to review that report? >> We have, Your Honor. The state has, Judge. Are there any additions or corrections to the report? >> Not from the defense. >> Not from the state, Judge. And Mr. Coleman, you said you have a witness or some evidence. >> Actually, Judge, Mr. Rohas has graciously um stipulated to the admission of the surveillance video from the convenience store in question. I don't know that I need to call my custodian record with the court's permission. First of all, I'm offering state's one. No, Judge. And make that state's two because state's one was the the plea admonishment documentation, please. I'm offering state's two. No objection. State's two is admitted. >> Permission to publish, Your Honor? Yes, sir. Judge, I think that's all I wish to publish unless the court wants to see the entire Entirety of the video. But I think that's enough. Any other evidence um or witnesses? No, Judge. Just brief argument if I may, Your Honor. Any other evidence or witnesses for Mr. Rohas? No, Your Honor. Just like Mr. Rohas, you may make argument for your >> Thank you, Judge. And obviously after seeing that video, it makes what we're asking for harder to do. What we're here to ask for this morning, Judge, is probation. Mr. Fontenette, he is a young young offender. I know the court is tired of seeing hearing the same story over and over with young guys with with guns in here. Um He's got a limited criminal history. So, I believe this is his first felony. He's never been on any kind of felony supervision or felony probation. Unfortunately, he's just fallen into the same situation that we see so many other youthful offenders fall into. He's got no direction in life. He's very little support at home. I see no way out of the situation that he's in, so he goes and decides to rob some money rob a store and get some money. Um did the wrong thing what and if his story and the PSI is to be believed before what I believe is the right reason. He's trying to help his mom at at home. He's trying to pay some bills, keep the lights on. Certainly there are better ways to go about doing that. Uh and I hope that the time in jail has taught Mr. Fontenot a lesson. Um Sorry, Judge. He you know, we've got options here just we can send him to prison or we can put him on probation. Certainly the the he's on the road with if this conduct continues he's on the road to prison. I don't know that the day is the best time to make that exit for him. You know, he's got a long life to live. We can send him to prison he can be there for a few years and come back out. I don't know that he's going to get the help that he really needs in prison. There are programs available on probation that if he's serious about turning his life around like he says in the PSI uh those programs can help him. And if he does take advantage of those it in turn would make the community a little bit safer cuz the people on this guy running around with a gun when he does get out of prison if that was the road that you that you chose to take. When I don't live at home with his mom I think he has some some younger siblings there. To his benefit he before he was even arrested he started a GED. I think on the night that this happened he had just finished a GED class and made a dumb decision to go hang out with these guys that he should not have been hanging out with. And did this robbery. Again, Judge, you you've got two options. You can send him to prison or you can try to get him some help on probation. And hopefully he will take advantage of that and certainly if he doesn't we're going to know pretty quick. And you'll have another cha- chance to uh send him to prison probably for a longer time. All right. Thank you. And what is the status of the other two? Uh the co- are there co-defendants? Have they been charged? >> They have been charged, Judge, and I have both of their cases. And and they have not been um sentenced yet or anything like that. Okay. All right, go ahead, Mr. Coleman. Yeah, I'll be brief. Whether it's it's the Pine Club Apartments or Rogers Park or a Speedy Mart, uh you've seen this and we've seen this in this community all too often. I'm I'm preaching to the choir, Judge. Per vigils and uh advisory committees, all that stuff's fine, but you judge where the rubber meets the road. You are You are that person that can protect the community from somebody like this defendant. You are that person that can uh either let him walk out of this courtroom with a piece of paper with conditions and promises that he won't resort to this kind of violence that you saw on that video, or you can ensure that the community is safe by putting him behind steel bars, concrete wall, and razor uh uh wire fence. I'm just asking. I'm not in the habit of begging, but on behalf of this community, I'm begging that you send this this defendant to to to prison. The message that needs to be sent to this defendant and his circle of friends and anybody who would want to be like this defendant is that it is you pick up a gun with the intent to commit violence, you're going to pick up a 15, 20, 25-year prison sentence, Judge. Uh and I'm just asking that you do this on behalf of people who live at the Pine Club Apartments who just want to live in peace, people who want to go take a walk at Rogers Park and not be uh robbed, and somebody that wants to stop at a Speedy Mart convenience store and pick up some snacks without becoming a victim of a of a robbery. That's That's all I have, Judge. Thank you, Mr. Coleman. So, Mr. Fontenette, there was a time some years ago that there really wasn't even a question. Uh everyone state's attorneys were recommending youthful offenders, probation, let's give everybody an opportunity. And things have just changed in such an incredibly dangerous way with young people doing what I just saw you do on that screen. Um I cannot imagine the fear that that person had that was working in that store. That he now has just trying to go to work, make a living and go home. And he has three people come in and not just grab a little quick something and run out, but terrorize him for quite some time. Pulling him around, yanking him around, putting guns in his face, all three of you. I also, in addition to the PSI, get jail incident reports. And you apparently like to fight and jump people, which is what's been happening in the jail. So, it makes it very difficult for me to go, "Oh, this is somebody that's going to get out and behave, who can follow the rules." Because you can't even follow the rules in jail. And the pre-sentence report shows uh that you're a high risk level, which tells me that after they've looked at everything that you don't have, unfortunately, a good likelihood of being successful if I were to put you on probation. And Mr. Coleman's right, we're tired of it. And there's got to be something done. So, in cause number 25 DCCR 1759, I'm going to find that you entered your plea of guilty uh freely and voluntarily. I'm going to find sufficient evidence to find you guilty, and at this time I'm going to find you guilty of aggravated robbery. I'm going to sentence you to a term of 25 years in the Institutional Division of Going to sentence you to a term of 25 years in the Institutional Division of the Texas Department of Corrections. You won't receive credit on that sentence for any time that you've been in custody that the law gives you the right to receive. I'm handing you the trial court certification. This was not an agreement. You have some rights to appeal. I have also handed you a written admonishment regarding your ineligibility to possess a firearm or ammunition. Because of the judgment entered against you, you're ineligible under Texas law to possess a firearm or ammunition. Possession of a firearm or ammunition could lead to charges against you. You can talk to Mr. Rojas about any questions you have about that. I am making an affirmative finding of a deadly weapon. Mr. Fontenot, understand that this is harsh, and I know you believe this is harsh, but I think this is necessary. I hope that you go and you make things right. You can get out of prison. You're still going to be young, and you can make your life better. That's going to be up to you, okay? You can go back with the bailiff.