Judge SHUTS DOWN Bond Request Instantly Serious Issue” Plea FAIL

Judge Simpson3,130 words

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But I do believe that the blond bond should reflect the charges. Um I think that Ipsellandi has a serious issue which you probably know a lot more intimately than than I do with respect to what's going on. Um but you know like >> I don't know what you want me to say but that's not going to happen. Ifi is a wonderful city with wonderful people. >> It's a wonderful city but there's a problem. Every place has problems. I don't think I don't think it is any different any place else, but I'll let you go ahead, but start attacking my home. We're gonna have a problem. >> I'm not trying to >> specific waiver and I'll put it on the record. It's my understanding that Mr. sweat will be despite contamination. Um on and it would be on the the how I show the charges in open court two weapon count three uh weapon possession by prohibited person or felony possession and then count five one count of felony firearm. Those three counts only. Count one discharge from a vehicle causing death. Count four open murder. In count six and seven, both felony firearms will be dismissed on this waiver. Um, >> count one, four, six, and seven. >> Yes. Six [clears throat] and seven. >> Okay. >> So, effectively, Mr. Sweat is waving up on three related charges for further proceedings in circuit. >> Three. Look, did we was there an amendment >> at some point? >> So, what can be impacted? Let me I got to find it only because on the original I have the three counts and there had to be an amended because the homicide comes four. There it is. All right. >> So on the amended it would be two carrying a concealed weapon. Count three possession by a prohibited person and count five felony firearm. >> Yes. Well, >> well, there the count five, count five and six are felony firearm. >> It would be the actually the count seven felony firearm because it would be a felony firearm connected with the possession by a prohibited person. >> Got it. Okay. So, got it. [clears throat] Let me just redo this. >> And of course, your honor, I will make sure that an amended information is filed in circuit court. >> Correct. >> To accurately reflect this. >> Okay. So, what I have is that he's going to wave up on counts 2, three, seven, and that counts 1, four, five, and six would be dismissed. >> Correct. >> All right. Well, is that your understanding? >> Yes, judge. All right, Mr. Schwad, you understand that, sir? >> Yes, sir. And you're waving your right to a preliminary examination on those charges? >> Yes, sir. >> All right. And you understand that a preliminary examination is a proceeding where the people would have to show by probable cause that the offenses alleged were committed and that you committed them? >> Yes, sir. >> You understand you'll not have that hearing? You'll proceed to circuit court >> on these charges. All right. people also weigh their right examination having been weighed. Defendant is bound over to circuit court on counts 2, three and seven. Counts one, four, five, and six are dismissed. As to the circuit court arraignment, Mr. B. >> Turn we wave a reading of the information and stand mute. >> Wave for reading. Standing mute to charges 2, three, and seven. Court will enter a not guilty plea. Pre-trial will be set for >> February 18th at 1:30 with Judge Conlin. >> February 18th, 2026. 1:30. Judge Conland. >> Your honor, um I I wanted to address Bond. >> Yes. >> My client's been incarcerated for seven um months now or almost seven months. Uh the prosecutor is this this is a dismissal of the homicide charges in good faith. I'm pretty sure that the prosecutor has looked at the evidence and when I spoke to him that was conveyed to me. So, judge um I'm respectfully asking that this court grant my client a bond where even with a tether judge um my client before being arrested here did metriculate uh at community college which was it >> at Washna uh community college. response. >> Thank you, your honor. Um, the I will regarding the defendants criminal history, there's a 2016 carrying a concealed weapon. It was under Haida, a 2025 RNO, a 2023 felony destruction of police or fire property, a 2023 domestic violence, and a 2023 home invasion second degree are what I show as prior criminal convictions. Um the I I I everything I do is in good faith, but um I don't I don't disagree with Miss Barnwell. This this is not a plea agreement. This is not an exchange for something. This is a discussion with Miss Barnwell, discussion with the police and a careful consideration of the facts of this case. This is um this is not putting forth a case to this court at preliminary examination on something that we cannot prove. Um, so that is why we've elected to allow this waiver on the charges before the court here today. I would be remiss in acknowledging that the defendant was positioned in a vehicle um where the driver of that vehicle, the codefendant Owens, shot and killed uh Dejan Ryan um on the day that this this murder took place. Um and and prior to that taking place, Mr. Sweat was engaged in a in a heated altercation with Dejon Ryan's in a McDonald's around the corner basically E course in Michigan and then that led to the shooting that that eventually took place by the court. Obviously if Mr. Swat was involved actually shot we would be in a different situation. We're not um but I think that it's important to have context as to the that why we are why we have these associated weapon charges. I still despite the fact that we now only have some felonies have concerns for the safety of the community um given given the circumstances around these possession of firearm charges. I would request um it bonds probably denied at this point, right? >> Well, I what do you show? Because I showed bond at but that may have been from the original charges. I showed bond at 1 million cash. >> Thank you. >> I believe that is still correct. >> That is so correct. It is his is current bond is as originally set at 1 million cash shity. >> I I did miss one important uh conviction in 2017. and he was convicted of possession of a firearm um by the US Attorney's Office. >> So, he did federal prison time. >> Um I would request I'm not going to ask for a million dollar bond charges before the defendant, but I would ask for a 50,000 cash or shy bond with um a tether if he posts that bond. >> Anything else, M? >> Yeah. I'd respectfully ask for um much lower. You know, my client is uh I don't want to litigate the case in front of this court. Um I I really don't want to litigate it in front of this court, but uh everybody here is not clean, including the complaining witness. Um, so it's like a dangerous situation and uh I think my client's life is in danger too. I really do. Um, I've been around, we have argued unsuccessfully and then somebody dies, you know. So, um, your honor, I will still stick to my argument that, uh, the prosecutor had a lot of months to contemplate to look up to and do all of this stuff. We had lots of stuff that we went through in terms of evidence with respect to my client. We took opportunity here today. Um um but I do believe that the blond bond should reflect the charges. Um I think that has a serious issue which you probably know a lot more intimately than than I do with respect to what's going on. Um but you know like >> I don't know what you want me to say but that's not going to happen. Iani is a wonderful city with wonderful people. It's a wonderful city, but there's a problem. >> Every place has problems, right? I don't think I don't think I was any different any place else, but I'll let you go ahead, but [snorts] start attacking my home. We're going to have problem. >> I'm not trying to. >> All right. >> I understand what you're saying that there there are issues, but I think those issues arise in our society in a lot of places. I don't think in a lot of ways that the city of Ipsilani or the surrounding communities are any different. >> I the size of it makes it more pronounces. It's a small community. However, judge, I'm just, you know, I don't want my client to be harmed, but I don't think that he is the the big threat in in in um in Ipsy. I he wants to continue to school. These seven months have meant a lot to him. He has in minutia watch looked at discovery and uh in fact would like to continue school as a parallegal. He wants to I've known lawyers who have convictions, you know. So I think that this will help him and so I don't think he should be branded for a lifetime. So I'm asking for a a reasonable bond with Tether. And if I look at the and and I I think context is important and people have pointed out some context to it, but if I look at the charges in and of themselves, I will reduce his bond, but his bond will be set at $100,000 cash shity. He must have a GPS location tracking prior to his release. I'll need a forum on that one. >> Thank you. Thank you. >> Thank you, judge. Every good day, everybody. Sorry. We got a circuit pre-trial. >> Yeah. February. February 18. >> Thank you. >> Yeah, we got one. All right. I got you out in time, Burnwell. You better get down to Kunky. I'm gonna call her. I'mma call her and say you're just like wandering around not doing anything. Said and that you said you can take your time getting down. I'm just I'm going to tell you what I'm going to say to you. [laughter] >> Oh, she does. Oh, so you made me rush and you got you have permission to appear remotely in front of Judge Cook. >> I got that in the email. You got it in the Oh, you were rushing me and you Yeah, I would have called bird. >> Okay, [laughter] [laughter] they ready with me. >> Court does call the case of the people of state of Michigan versus Devonte Owens. And children and >> yes, we pleased to report Brennan Bird on behalf of Fonte. Mr. Owens, can you please state your full name for the record? Owens, >> honor. Um, it's my understanding that Mr. Owens will be waving his rights to an examination. The key will be on in this I'm talking about the amended information one possession by prohibited person. Count four discharge from a vehicle causing death and then counts six and seven which would be the two felony firearms charges corresponding to those. All right. [clears throat] And let me I can [clears throat] find it. And to your understanding, Mr. Bird, that's correct. >> That's correct. I just want to make sure we're all looking at the same thing. Six and seven. Six is they're four. Seven [snorts] is one. Okay. So, and then counts two, three, five would be dismissed. >> Correct. >> Got it. That's your understanding, Mr. >> That's my understanding. Yeah. >> Sir, you're going to wave your right to a preliminary examination on those charges? >> Yes, sir. You understand that a preliminary examination is a proceeding where the people would have to show by probable cause that the offenses alleged were committed and that you committed it? >> Yes, sir. >> You understand you'll not have that hearing and you'll proceed to circuit court for further resolution? >> Yes, sir. >> People also wave their rights. >> Yes, sir. >> Preliminary examination having been waved. Defendants bound over to circuit court on counts 1, four, six, and seven. Counts 2, three, and five are dismissed. You weigh presentation of the information and its reading. >> Yeah. Wait for a reading. Stand mute. Your honor have way for reading. Standing mute. Court will enter a not guilty plea as to 146 and 7. Pre-trial in this matter will be set for >> February 18th at 13. Judge Conland. >> February 18th, 2026 130. Judge Conland. >> Thank you, honor. Thank you. >> Thank you. Have a great day. >> All right. >> Thank you. What are we doing? Oh, that's a good one. >> Take care of yourself, man. Go see a doctor or something. Oh, yeah. >> It's always a pleasure. >> All right. >> Take care. [laughter] Yeah. Court does call the cases of the people versus David Childs. Two cases. >> Good afternoon, your honor. Alex Warren Green on behalf of Mr. Childs and both matters. >> State your name, Mr. Childs. David Childs. Thank you. >> All right. What are we doing on these >> cases? Case Indian 25508 with people would ask that the court remain on the added count to domestic violence second offense. >> Can you wave reading on that? >> We do. >> [clears throat] >> We stand mute to the added charge. All right. So on that case, I will dismiss count one. It's reigned on count two standing mute and are not guilty ple count two. Pre-trial in that matter will be set >> February 23rd. >> February 23rd, 2026, 9:00 a.m. before Judge Washington and hold on a second. found in that matter will continue. And on the other case, >> yes, 259 also seek remain on the added count three of domestic violence. >> And your honor, the defense move to dismiss the charged counts. >> Counts one and two. Counts one and two are dismissed. He waves reading on count three. >> We do, your honor, and stand mute. >> And the court will enter that guilty plea as to count three. Pre-trial in that matter will be set. >> Yes. February 23rd. >> February 23rd, 2026, 9:00 a.m. before Judge Washington. And your honor, may I be heard with respect to bond in each case? >> Go ahead. >> Thank you, your honor. Um, I spoke with Mr. Childs today and he is asking this court to uh consider modifying his bond, which is currently set at $50,000 cash shity in each case, uh, to a personal bond. Um, Mr. Childs has no felony criminal history. He provided me with an address for his father's residence in Garden City. His father is a responsible member of the community with no criminal history himself. Um, Mr. Childs has been in custody since his arrest at the end of December, December 28th, I believe, your honor. Uh, while he's been in custody, he's been focused on his sobriety. He has engaged with the critical thinking program, the cognitive behavioral therapy, and the rising strong substance abuse treatment. Uh I believe he intends to continue that hard work uh once he does get out of custody if that is today or at a later date. Um Mr. Childs is a small business owner. He owns a flooring company locally. Um, so I believe in exclusion zone tether in addition to the original bond conditions is sufficient to assure the safety of the community and that he returns to court. >> Bonds on behalf of people at this time object bond. This these cases involve two separate incidents of domestic violence with the same victim. In the one case, he had pinned the victim to the ground with his behind her neck and punched her in the head 10 times and she had a black eye. I mean, that alone I have concerns for her safety. He also's previous convictions for an operating and fair domestic violence and purchasing a firearm, purchasing a firearm without a license and another domestic violence from 2023. Uh, so at this point, I would have concern her safety as well as the community's asset bond set. >> Anything else? >> Nothing from the defense, your honor. >> Motion provider deduction is denied. bond will continue in both matters. Thank you. >> Thank you, honor. >> Thank you. Sure. Who's on it? Um, Mr. Mr. Green. Why are you guys staring at me like I'm >> heard my name? >> Standing in attention. [laughter] >> Well, what? >> I have one case left. >> Do you know what you're Do you know what you're doing on that yet? >> Or you need some time because you decided you wanted to be next door instead of here. >> [clears throat] >> people extended a generous offer and >> so you're not answering my question. [laughter] >> Go ahead. I'm listening. Your >> honor, I I thought that >> you know I'm pretty good at being ignored. >> You know that I am. I think that's the patient good soul I am. That's what I'm thinking. Go ahead. You were saying >> I think the plan is a no contest plea. similarly to how I uh neither admitted nor denied [laughter] the court's inquiry, >> but I think a moment to confirm that with >> talk to your client. >> I've spoken with him about the people's generous offer and he indicated that he did want >> might want to do that, but you think it convers you need more time to converse with it. Is that what you're asking for since you were spending all of your time next door? If the court >> is that sure I'm out [laughter] in recess. >> The attorney steps in calling it a serious issue urging the court not to refuse bond. But the judge isn't moved. He looks down at the record then back up and shuts it down cold. This court has heard enough. The judge says firmly, "No sympathy, no second chances. The request for bond is denied." The courtroom goes silent as the message lands hard. When the risk is real and the history speaks for itself, freedom isn't guaranteed. This isn't negotiation. This is consequence.

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Judge SHUTS DOWN Bond Request Instantly Serious Issue” P...