“Judge Raquel West: ‘50 YEARS — You Killed a Man and Still Make Excuses!’”

Good morning. Are you Federico Ortiz? >> Yes, ma'am. >> And will your client wave the formal reading of the motion and the indictment? You are. >> Mr. Ortiz, in clause number 25, DCCR0589, you're charged with the state jail felony offense of abandoning or endangering a child, and that's from December 1st of 2024. And how do you plead to that charge? Good. >> Are you pleading guilty freely and voluntarily? >> And are you pleading guilty because you actually did what they charged you with? Yes. >> In that case, I have here on the tablet some documents that have your signature on them that the state has marked as exhibit number one. Before you sign these, did you go over them with Mr. Rojos? >> Do you fully understand them? >> And do you understand if I follow the agreement that you've made with the district attorney that you'll be waving or giving up any right to appeal? Do you also understand if you're not a US citizen that a plea of guilty or no contest may result in your deportation, exclusion from admission to the country, or denial of naturalization under federal law? State tenders number one. >> No objection. >> It's admitted. Is there any evidence that Mr. Ortiz is not competent? >> No. >> All right, sir. In that case, I'm going to find that you entered your plea of guilty freely and voluntarily. Find that you're mentally competent and you understand the nature and the consequences of your plea. find sufficient evidence to find you guilty and at this time find you guilty of the state jail felony offense of abandoning or endangering a child, sentence you in accordance with your agreement to a term of 12 months in the state jail prison. You will receive credit on that sentence for any time that you've been in custody that the law gives you the right to receive. And then in cause, let me find it. 24 DCCR 2334. I have a motion to revoke your unadjudicated probation. Shows that you were placed on probation April 10th of 2025 for the offensive burglary of a habitation and that was a 5-year deferred probation. Is that correct? The motion alleges that you violated your probation. Count one alleges that you failed to report as directed to the probation department for the months of May and June of 2025 and then also July of 2025. Is that true or not true? >> And then count two alleges that you failed to provide verification of performing the community services required. Is that true or not true? >> True. >> Then count three alleges that you failed to provide verification of completing the theft prevention class as ordered. Is that true or not true? >> True. >> And then finally, count four alleges that you're behind in your court assess fees. And is that true or not true? >> True. >> Did you enter your please of true to counts 1 through four freely and voluntarily? >> And did you plead true to those counts because they're actually true? >> I also have here on the tablet, in this case, some documents that have your signature on them that the states marked as exhibit number one. Did you also go over this with Mr. Rojos? Yes. >> And do you fully understand them? State tenders number one. >> No objection. >> It's admitted. Mr. Ortiz, I'm going to find that you entered your ple of true to counts 1 through four freely and voluntarily. Find that you're mentally competent. Understand the nature and the consequences of those p. Find sufficient evidence at this time to find you guilty and at this time find you guilty of burglary of a habitation. Sentence you in accordance with your agreement to a term of 3 years in the institutional division of the Texas Department of Corrections. you will receive credit on that sentence for any time that you've been in custody that the law gives you the right to receive. In each of these cases, I'm handing you the trial court certifications that shows that there are agreements um that I followed and so you've waved your right to appeal. I've also handed you a written admonishment regarding your ineligibility to possess a firearm or ammunition. Because of the judgments 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. Firearm is a legal term, and you should read the written admonishment I provided you to see what devices qualify as a firearm. If you have questions about the laws that make you ineligible to possess a firearm or ammunition or about how long that lasts, you can talk with Mr. Rohos. >> Good luck to you, sir. You can go back with the baiff. Thank you. >> Thank you. And then you are thinking uh Randolph Vines. Mr. Rohos. Mr. Rojos is getting a gold star this morning. >> It's been a while since I had Rusty stars these cases are yours. >> True. >> All right. Well, y'all might have to share a star. >> I don't I don't know why. >> I'll take a >> It's always nice to get a cold star. Good morning. Are you Randolph Fines? >> Yes, ma'am. >> And uh will your client with the formal reading of the indictment? >> He will. >> Mr. Fines, cost number 25 DCCR 1154. The state has elected to proceed on count one only and in that count to the lesser included offense of a class A misdemeanor, unlawful carrying a weapon from June 29th of 2025. And how do you plead to that charge? >> Guilty. >> And are you pleading guilty freely and voluntarily? >> Yes, ma'am. >> And are you pleading guilty because you actually did what they've charged you with? >> Yes, ma'am. >> I have here on the tablet some documents that have your signature on them that the state has marked as exhibit number one before you sign these. Did you go over them with Mr. Rojos? >> Yes, ma'am. >> Do you fully understand that? >> Yes, ma'am. >> And do you understand if I follow the agreement that you've made with the district attorney that you'll be waving or giving up any right to appeal? >> Yes, ma'am. And are you a US citizen? >> Yes, ma'am. >> State tenders number one. >> No objection. >> It's admitted. Is there any evidence that Mr. Vines is not competent? >> No, I am. >> All right, sir. I'm going to find that you entered your plea of guilty freely and voluntarily. Find that you're mentally competent and understand the nature and the consequences of your plea. Find sufficient evidence to find you guilty and at this time find you guilty of the lesser offense of unlawful carrying a weapon. Sentence you in accordance with your agreement to a term of 90 days in the Jefferson County Jail. You will receive credit on that sentence for any time that you've been in custody that the law gives you the right to receive. I feel like this might be one. I don't know all the misdemeanors, but I feel like this is one. Yeah. So, I'm handing you the trial court certification that shows this was an agreement that I followed. So, you've waved your right to appeal. I 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 obviously know this based on what you're charged with, but I'm required to read it. Um uh and now I forgot where I was, but um the charges against you. If you have any questions about what you should read the document I provided you, I don't know. I lost it totally. If you have any questions about the laws that make you ineligible to possess a firearm or ammunition or about how long it lasts, you can talk with Mr. Rohos. >> Yes, ma'am. >> You can go back with the bay. >> That's what I get for not reading it. I'm reading it in my head. >> I don't even know where my copy of it in it is anymore. I've read it. I've said it so many times, >> but I can't stop in the middle and then restart. That's That's not good. Let's lemon yman Mr. Rohos [Music] [Applause] Give Give me just a second. I'm going to print these out. They're both MTRPs. It's just easier to find. [Music] >> Good morning. Are you Lamone Yman Jr.? >> No. [Music] And will your client wave the formal reading of the motion in each case? >> He will. Y [Music] should have another one coming also. [Music] Okay, Mr. Yama, in cause number 19 32846, I have a first amended motion to revoke your unadjudicated probation. This shows that you were placed on probation November 12th of 2019 for the offense of aggravated assault with a deadly weapon and that was a 10-year deferred probation. Is that correct? >> And then in cause number 23 DCCR 1556, I have a first amended motion to revoke your community supervision shows that you were placed on probation July 17th of 2024 for the state jail felony offense of burglary of a building. And that was a two-year term in state jail prison that was probated for five years. Is that correct? Each of these cases alleged that you violated your probation. Uh, count one in each case alleges that you failed to avoid persons or places of disreputable harm disreputable reputable or harmful character and specifically avoid association with any person previously convicted of a crime or be present in a location where a criminal act is committed in that you were supplying other residents of the Cheyenne Center with K2 synthetic marijuana. And is that true or not true? Is it? >> True. >> Okay. >> Count two in each case alleges that you failed to report to the probation office as directed April 2nd and April 3rd of 2025. And is that true or not true? True. >> Count three in H in both cases um alleged that you possess a drug K2 on or about March 30th of 2025 in violation of your order. Is that true or not true? >> Not true. Okay. Count four alleges that you failed to successfully complete the uh safety program as directed. Is that true or not true? >> True. >> Count five in each case alleges that you committed the new offense of possession of a controlled substance penalty group one August 8th of 2025. And is that true or not true? Count six in each case alleges that you committed the offense of possession of a firearm by a felon August 8th of 2025. And is that true or not true? >> Not true. >> Count seven in each case alleges that you failed to report to the probation department April 11th, April 21st, April 30th, and May 9th, June 6th, and July 7th of 2025. And is that true or not true? >> Not true. All right. Did you enter your p please of truth to counts 1, 2, 4, and five freely and voluntarily? Yes, ma'am. >> And did you plead through to those counts because they're actually true? >> Yes, ma'am. >> In each of your cases, I have here on the computer some documents that have your signature on them that the states marked as exhibit number one. Before you sign these, did you go over them with Mr. Rojos? >> Yes, ma'am. >> Do you fully understand them? >> Yes, ma'am. >> And do you understand I think y'all did >> the paperwork backwards. >> We did originally, then we corrected it. At least I thought we did. >> So, >> it is a cap of 8 on 19 32846 and a cap of twoear state jail on 23 DCCR 1556. >> Well, it's set. Hold on. Anna, >> can you send me back >> 231556? I just sent it. >> That may be the third degree paperwork. I think you may be right. >> Yeah, >> you should. >> Okay, it Yeah, I think so. 23556 is the burglary of a building. But y'all did TDC paperwork and the other one. >> Yeah. So, it's got those have to be right. So, let's I'm >> We can >> I'm going to delete both of those. >> We'll just hold this. We'll continue the hearing. I'm not going to go back over everything. We'll just go over the paperwork as soon as it comes through. >> Um and did y'all do it twice? You said >> we were we I got the numbers wrong. We did. >> Okay. >> I have to redo them both. Sorry, >> that's my money. >> All right, I'm going to delete both of those. All right, y'all just go uh just go have a seat in the jury box and uh get we'll do get that done. Delete that. >> I started I mean I I was looking and I was like wait a minute that's cuz I thought it was a cappa 2 on the TDC case. I'm like what? >> Okay. Yeah, I forgot about Luke talking. >> Okay. >> Do you want to plead him just now or do you want to do them when we do the other guy? >> Um, go ahead and get that one done and that way I don't keep this over here and get confused for too long and I'll take care of a couple other things. Let's see. Mr. Kimler, you have Sheena Harmon. >> Yes, sir. Judge, if I can have a lot of family members here on the side. >> Yeah. Which one? >> It's Christopher James. >> Okay. I'll take care of it next. >> Would y'all put that Christopher James sentencing up here for me to do next, please? >> Thank you. Miss Malfino on uh Colton Armstrong with Mr. Kimler. >> Is it yours? >> Harlem. >> Mr. Harman. >> Oh, that's why I'm Never mind. Just testing everyone. >> Okay. Gosh, I feel like Monday. All right. Are you Sheena Harmon? >> Yes. No. Not Colton Armstrong. Are you sure? >> Yes. >> Okay. And uh will your client wave the formal reading of the indictment? >> Sure. >> Miss. Okay. We're going on all of the counts or at least Okay. >> Okay. I got it. I think we we're going to need all our gentlemen to >> Okay, Miss Harmon, in clause number 25, DCCR0649, you're charged with the state jail felony offense of tampering with um electronic monitoring device and that's from April 30th of 2025. The indictment alleges that you were previously convicted of the state jail felony offense of theft June 28th of 2010. And then you were also convicted of the state jail felony offense of theft on June 24th of 2013. And on that same date uh the state jail felony offense of possession of a controlled substance. >> And how do you plead to that charge? >> And are those prior convictions true? >> Yes, ma'am. >> Did you enter your plea of guilty freely and voluntarily? Yes, ma'am. >> And because you actually did what they've charged you with? >> Yes, ma'am. >> I have here on the tablet some documents that have your signature on them that the state has marked as exhibit number one. Before you sign these, did you go over them with Mr. Kimler? >> Yes, ma'am. >> Do you fully understand them? >> Yes, ma'am. >> And do you understand if I follow the agreement that you've made with the district attorney that you will be waving or giving up any right to appeal? >> Yes, ma'am. And also, do you understand if you're not a US citizen that a plea of guilty or no contest may result in your deportation, exclusion from admission to the country, or denial of naturalization under federal law? >> Yes, ma'am. >> State tenders number one? >> No. >> It's admitted. Is there any evidence that Miss Harmon is not competent? >> Yes. >> All right, ma'am. I'm going to find that you entered your plea of guilty freely and voluntarily. Find those prior convictions true. find sufficient evidence to find you guilty and at this time find you guilty of tampering with electronic monitoring device sentence you in accordance with your agreement to a term of six years in the institutional division of the Texas Department of Corrections. You will 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 going to hand you the trial court certification that shows that this was an agreement that I followed and so you've waved your right to appeal. I will also hand 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. Possess P possession of a firearm or ammunition could lead to charges against you. A firearm is a legal term, and you should read the written admonishment I provide you to see what devices qualify as a firearm. If you have questions about the laws that make you ineligible to possess a firearm or ammunition or about how long that lasts, you can talk with Mr. Kimler. All right. Good luck to you, ma'am. You can go back to baiff. I thought I printed my print thing is being Let's see. Let me take care of Mr. Armstrong real real quick and then I'll take care of that sentencing. Uh Colton Armstrong, Mr. Kimler. [Applause] We're putting this as a third degree. >> Thank you. >> He's going to have to put in as >> I guess there's some [Music] Good morning. Are you Colton Armstrong? >> Yes, ma'am. >> And will your client wave the formal reading of the indictment? >> Mr. Armstrong and cause number 25 DCCR 00002. You're charged with the state jail felony offense of theft of property from February 21st of 2024. Your indictment alleges that you were previously convicted of um the state jail felony offense of driving with a uh driving while intoxicated with a child passenger October 31st of 2022. uh two cases on that same date of that same offense um making this a thirdderee felony uh punishment range. And how do you plead to that charge? >> Guilty. >> And are those two prior convictions true? >> Yes, ma'am. >> Did you enter your plea of guilty freely and voluntarily? >> Yes, ma'am. >> And did you plead guilty because you actually did what they've charged you with? >> Yes, ma'am. >> I have here on the tablet some documents that have your signature on them that the state has marked as exhibit number one. Before you signed these, did you go over them with Mr. Kimler. >> Yes, ma'am. >> Do you fully understand them? >> Yes, ma'am. >> And do you understand if I follow the agreement that you've made with the district attorney that you will be waving or giving up any right to appeal? >> Yes, ma'am. >> And it looks like the agreement that you've reached is for a 10-year term in prison, but that would be probated. You'd be on probation for 10 years. There would not be a fine, but you would be ordered to pay restitution in the amount of $20,000. Is that your understanding? >> Yes, sir. Do you also understand, excuse me, if you're not a US citizen, that a plea of guilty or no contest may result in your deportation, exclusion from admission to the country, or denial of naturalization under federal law? >> State teners number one. >> It's admitted. Is there any evidence that Mr. Armstrong is not competent? >> There's none. >> All right, sir. I'm going to find that you entered your plea of guilty and true freely and voluntarily. Find that you're mentally competent and you understand the nature and the consequences of your plea. find sufficient evidence to find you guilty. However, I'm going to reset your case so that the probation department can do a pre-sentence report. That'll give me more information about you, your case, and then we'll come back at a later date uh for sentencing. Miss Malfino, what's the state's position with regard to bond? >> Judge, uh may I just put one thing on the record first before that? U >> obviously was a little bit hesitant to make this offer based on those priors and I just want Mr. Armstrong to be aware. I have relayed this through his attorney that if he does not pay this restitution back, I won't be asking for the minimum that I offered him today, 15 months. I'm going to ask for 10 years based on the opportunity that he's been given. Um, I don't know that he doesn't have a hold in Harden County. I'm not saying that disrespectfully. I just want him to be aware of what he's just gotten himself into if follows the PSI. >> So, I don't know if he has any hold. Um, >> I believe he does. >> I'm a little hesitant to allow him on bond before you review the PSI, but I'll defer what you think. >> It sounds like based on that and there is a hold from another county. >> I can't say that they put a hold on him. I don't know. I know he has pending cases in Harden County. I can't speak to whether there's a detainer on him for Harden County >> and I've tried to reach out to Mr. Hopper over there and not join the club. >> Bruce, >> he does have a pregnant wife on this dude. fairly soon. 31 weeks, but 31 weeks. >> I want to say 31 months, but >> Oh my gosh. Wouldn't that be >> It does. >> I wouldn't know. >> I think I think the two he has unauthorized use of another vehicle and a theft of the same vehicle. He does have two Harden County holes. >> Sometimes that has to be cleared as well. >> Yeah. And by the time I'm I'm afraid if I'm set a bond and then they get them over here, then we're not going to get the PSI. It's just going to prolong everything. I think I'd rather go ahead. I'm not going to adjust the bond at this time. Let's get it taken care of. And then soon as sentencing gets here, if everything goes well, you'll be released at least from our custody and then you can go take care of your Harden County cases. All right, you can go back with the >> baiff. >> Thank you. [Music] >> Who's crying? I haven't even done anything to I haven't even been that mean yet today. [Applause] I'm about to I would probably be too. Mr. Lewis, Christopher James, Mr. Ro, I mean Mr. um Nicholls James [Music] [Applause] Come on. [Music] Good morning. Are you Christopher James? >> Yes, sir. >> And Mr. James was previously in court, entered a plea of guilty to the first-degree felony offense of intoxication manslaughter um with a vehicle. I've received the pre-scence report and also um a supplemental memorandum from probation that includes several um letters from the victim's uh family members. Has everyone had an opportunity to review all of that? >> Yes. Yes, we have. Your honor, >> are there any additions or corrections to that precence report? >> Uh no, your honor. I just want to make the court aware. Mrs. Addison, uh the deceased wife, would have been here today to do victim impact. She had to go to the hospital yesterday. She's able to tune in, I believe, and watch us. The rest of Mr. Asen's family is here and and his mother is going to want to do victim impact at the end at the in the sentencing. >> Okay. Thank you, Mr. Nichols. Um, any any witnesses with regard to sentencing? >> No additional witnesses. >> All right, Mr. Lewis, you may make argument. >> Okay, judge. Of course, this was a very tragic situation that has affected a lot of people. Uh, Mr. of course the deceit deceit of Mr. Addison his family as well as Mr. James and his family um it was a situation where you know this was a combination of a long substance abuse history of Mr. James um the assessment that's provided in the PSI here says that there was about a 20 year uh relationship between Mr. names and different substances substances over a different period of time. Um, we have the one thing I can say is that once Mr. James went through this situation with this accident, he has been doing everything he can to try to better himself. Um, he has completed got his high school diploma. he's uh was baptized and has has um definitely changed his his ways in regard to his faith and continuing in that regards. He's also got some different certifications that he was able to receive dealing with OSHA uh I think it was men's university uh things of that nature to try to better his self judge. Um, now it's no secret he does have a long criminal history. Um, that even included dealing with with PCP, which the same substance that was involved in in this accident. Um, and as well as uh, you know, other other serious serious offenses. Um, I do want to address something as far as I know there are some situations here dealing with the jail instances and I know how the court proceeds or looks at the situation here dealing with with those. Uh, Mr. James, if you look at these situations, majority of them did come from situations involving him and other inmates as far as any type of fight or anything like that, which unfortunately some things he can't avoid. Um, but as far as sit anything dealing with being disrespectful, anything towards jail uh employees of things of that nature, there's one situation I think that they were talking about that it wasn't actual write up. Um, but it was notated he has been a trustee over there for a period of time uh at the jail as well. Now, I do want to point out that of course some of those situations that that Mr. James was able to do to better himself, of course, could definitely increase his earning potential as far as what he had as far as the his job situation. Um, he does have uh significant family support. his brother is here today in in the courtroom um who in any way is there to try to help him including helping secure employment. Um my understanding is the plan um once he is able to be released is for him to be moved to Houston Harris County area to be close to the brother to help help him with with everything over there. Um now they PSI did have a recommendation for his different um vehicles they that support that's available to him through the probation department. Um I what I will say is that everything that has been recommended he definitely needs and will make be better for him. Um we are not and ourselves are not asking for a specific number or anything like that. We just want him to be able to be able to of course make amends for this situation as much as possible. Um which could include well actually which could include some of the the restitution there. I think is the amount is 100 over $100,000 for restitution there uh to the family. Um, now like I said, he he has made a plan to try to better himself. Uh, he has a family that supports him. He is doing everything he can. He understands that this was a tragic accident, but one he was definitely responsible for. And what we're asking for as much leniency as possible from the court uh for him to be able to move forward with this situation, be able to make amends as much as possible. Uh and I think he had he did provide a letter uh to the court as well to kind of speak to that as far as an apology letter that was to the family uh his family uh the family of the victim as well as to the court judge. and I've received that. >> And so, and so that's what we're asking for today, judge, is for everything to be considered. We understand this is, you know, you can't bring that person back. You can't he can't just go back to make amends with Mr. Addison, but he wants to try to make as as much of amends he can to society and do and do better going forward. >> Thank you, Mr. Lewis. Mr. Nichols. >> Your honor, I think any consideration to Mr. James' due was given when he got a 50-year cap. I have no hesitation asking the court to exercise the full 50 years. This case is one of the worst intoxication manslaughter. It's on video where he plows into Mr. Addison who's at a stoplight on a motorcycle and while trying to get away runs over him and the motorcycle again. Uh it's horrific yarn. Um, what is also just inconceivable to me is that a man who is on parole for several uh possessions of of cycling PCP finds himself behind the wheel on PCP again and this time it ends in the death of somebody. Uh, his criminal history is extensive. It involve starts with minor drug offenses, then a conviction for aggravated robbery, and then the I believe it's five uh drug convictions all at the same time in 2020, for which he was quickly parrolled out and on parole when this happened. The fact that he gets to make plans in his mind for a day he's set free, uh I find rather offensive and I think the Addison family finds offensive. They lost a son, a brother, a husband. There's no nothing we can do in this courtroom makes that better. And sometimes the justice system is a poor substitute for what people lost. I think the best we can do at this point is this man spend 50 years in prison where he cannot hurt anybody else due to his own selfish decisions um and continued use of substances. It's in the it's in the presence report. He minimizes his uh own addiction, uh his own dependency. He even claimed he did not know how he could have gotten PCP in a system the day this happened. That maybe he touched a bottle and it transferred through his skin. And I find that reprehensible, your honor, and that's why I'm asking the court for that full 50 years. >> Right. Thank you. >> So, Mr. James. Um, couple of things that Mr. Nichols didn't say that I think are also extremely important is this isn't your first driving while intoxicated. This is your third. And so, you didn't learn in ' 06. You didn't learn in 2017. 2017 you got your second DWI. You were given probation. It was revoked. I appreciate that you entered a plea of guilty because for myself and for the family, I'm glad we didn't have to see what it looks like this would look like on a video because it is just horrible. in the fact that you are truly saying that you think you touched something and got PCP when you have had PCP cases over and over and over again and you're on parole for possession of a controlled substance and you kill someone. >> It's a nightmare. Sure. Go ahead. >> Can I say something? >> Mhm. >> That night that accident happened, I've been clean the entire time was on court. Okay. I stopped off at a friend's house to give him some advice about what he was doing. And during that time, I did contact a bottle of his I was not high at that time at all. >> It was in your system. >> Yes, ma'am. And you know how fragile at this time, based on your history, based on the nature of this offense, I'm going to find that you entered your plea of guilty freely and voluntarily. I'm going to find sufficient evidence to find you guilty and at this time find you guilty of intoxication manslaughter. I'm going to sentence you to a term of 50 years in the institutional division of the Texas Department of Correction. There will be a deadly weapon finding based on the uh the indictment alleges a deadly weapon. Uh you will receive credit on this sentence for any time that you've been in custody that the law gives you the right to receive. I'm going to hand you the trial court certification that shows this was an agreement and I followed it and so you weighed your right 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. Firearm is a legal term and you should read the written admonishment I provided you to see what devices qualify as a firearm. If you have questions about the laws that make you ineligible to possess a firearm or ammunition or about how long that lasts, you can talk with Mr. Lewis. There's really so many other things I could say about how horrible this is and rarely am I out of words, but I I really don't have the words um to say what what a tragic circumstances based on your behavior this led to. Um y'all can have a seat at council table for the um victim impact statement. We'll go off the record. Do you want me to leave it on for the other family member to hear?