Woman with 10 DUIs Pleads for Mercy—Judge’s Sentence Stuns Her!

All right. This is cause number 24 DCCR0122 um state of Texas vers versus Katherine Welch. Ma'am, are you Katherine Welch? Yes, sir. And Miss Welch is here with her attorney, Mr. G, state's attorney's present. Miss Welch was previously in court, entered a plea of guilty to driving while intoxicated third or more as well as a prior offense which made it a secondderee felony offense. Uh there was no agreement uh with regard to punishment. I have received the pre-sentence report and has everyone had an opportunity to review that report. We have judge. I have not. Are there any additions or corrections to that report? Nothing from the state other than I want to acknowledge I have received Mr. G's sensing. I'm I'm going to get to that too in just a second. Any additions or corrections? Aside from the one comment that I make in the sentencing memoranda about a comment that she made about rehabilitation. I think it's more of a clarification. So, I'm happy to touch on that. But other than that, we don't have any additions or corrections. Okay. And Miss Smino has already stated as well as I received the sentencing memorandum and memorandum at 5:47 p.m. yesterday. Going to point that out for the record. The Harris County judge got her sentencing memoranda at midnight. So, well, it was reviewed quite early this morning, but I did review it. Miss Moffo, you've had time to review it as well. Same. Okay. Um, other than that, I think uh you all should have a couple. There's only a few, but there were some jail incident reports that should have been um provided to council. Did you both receive those as well? Yes, I did. Okay. Is everyone ready to proceed with sentencing then? Yes, judge. Yes. All right. Mr. Gers, do you have witnesses? I don't I'm not going to call any live witnesses unless the court requires it. We we have a a person present from the dream center if the court wants to inquire about that. I would essentially let her come up and and talk if you want to to have that conversation. But okay. Um I I think you know our focus here is going to be on the topics that we talked about in the or write about in the sentencing memo. Um, and you know, just sort of allowing if the court decides to do what we're asking you to do, we we are open and welcome to whatever the court requires of her to enter and successfully complete. We just wanted you to have that option on the table as well that is a an option that doesn't cost the court anything and for the record, I'm aware of uh the Dream Center um and their their program and what they do. And so if I have any specific questions, if we get to um something where I would need that, then I appreciate them being here and I'll ask those questions. Um Miss Malfino, does the state have any witnesses? All right, then. Um argument. Judge, I want to um I recognize this is a unique case and a unique ask that we're making here. This is not something small that we're asking for. Uh I have um sort of personally taken Katherine on over the last uh three plus years uh I guess almost four years um as a project for me if that makes any sense. And what I mean by that is I I I really wanted to put to the test could this person do everything that I asked her to do to at least get her an opportunity to be here in front of you asking what we're asking for. Um she exceeded my expectations uh by doing the 90-day inpatient rehabilitation. Um and while she was there uh she she started to explore with her counselors and her therapists there uh some of the underlying issues that went beyond just physical addiction but actually had to do with her mental health and some of the things that she's experienced in her life. I'm not going to detail them on the record but the court is aware of what those things are. uh incredibly traumatic events uh that I think she had repressed and had never really addressed and explored. And so um those counselors recommended not just afterare but a specific outpatient program to address some of the trauma issues that she's had. She went and checked into that program uh stayed for basically a year um and again did everything we asked her to do. uh when you know I told her to go get her own drug patch. I told her to go get her own um uh interlock device. She did all of that. Those records should be attached to the memo. She was successful. Has been following the rules, doing everything we've asked her to do. uh had been going to AA, had gotten a counselor, actually reached out and befriended the director of the dream center to try to figure out what she can do next uh to sort of commit herself to her sobriety and to fixing the mental health issues that I think stem from uh the challenges uh that she faced as a young a young person. Um she uh sometimes it's easy to look at one side of the ledger uh the the wrap sheet or the or the uh criminal history and think that that defines this person. Um, what I have been fortunate enough to do is to really dig down and get to understand her as a as a human and uh see that all the progress she's made, all the effort she's made. Um, and see what she's done well and all the problems that she's been addressing well. Um, she's obviously very anxious about this day, but we've been looking forward to this day as well to be able to to present that. Um, and and I want to go down on the bottom of page to address what I was talking about in the CSI. So that I'm not saying that this wasn't the words came out of her mouth, but uh when she was asked by one of the examiners in the probation uh report uh she felt she needed treatment. She said she didn't feel like she needed treatment. She wasn't opposed either. I want to clarify what we mean by that. I say this here, but what she would say, I think, is she did 90 days of detox rehab related treatment. Um, has continued afterare, has continued mental health care. Um, but in terms of going to a program that is specifically targeted at people who are currently using or currently uh intoxicated, I think she thought that was wasn't the direction that that would be ideal. she will do whatever you want her to do. But that I wanted to explain what that comment means. Um, and so cuz a lot of times, as you know, judge, uh, private rehabilitation programs will just reject you if you've been clean for 3 plus years, as she has. Um, and so they they just won't even accept you at all. Uh, so I think that was just a misunderstanding or a miscommunication between the probation officer and and Catherine. But nonetheless, she's willing to do whatever the court uh chooses here. Um, additionally, um, you know, her we've been in contact with her current parole officer. Um, they are willing to keep her on parole instead of revoking her. Um, depending on what the court does here. Um, and uh, and so that was encouraging as well. I think they we've had the same kinds of conversations with them about her recovery and about her efforts and and so I think that was an encouraging uh sign from them. And then finally, uh Judge Jussi, we we didn't want to focus too much on support from the community because again, this isn't just a run-of-the-mill case. This is a different a different focus, but um you know she is married, she has a family. Um she um has recognizes the impact that all of this has had on her family and her relationships. Uh the strain it has put on uh her husband uh both financially and um also uh emotionally. Um, and she accepts responsibility for that and uh is asking the court to to to uh consider this extremely rare position that we're asking the court to take here. Um, and um obviously uh she if the court if you the court would like her to address the court she is happy to do that or not sure how you will proceed on that. Okay. Thank you. I mean, I'll Miss Malfino, Judge, I don't envy the position that the court is in this morning. I uh I do take very seriously the comments of Mr. Bergs. I take him at his word for that and I hope that all of those things are true. Um, it's difficult for me as a representative of Jefferson County and the state and the citizens that were on the roads every day to stand up and say I agree with probation, but I don't disagree with the things that Mr. Gers has said and the information that is in his sentencing memo. to play the other side of the coin. Does it suggest that she received the benefit of the doubt already by me waving the habitual status that she could have been facing based on her number of priors? Does it seem in good conscience that I can say I ignore all of those priors? Absolutely not. But obviously we have seen that her multiple trips to the penitentiary have resulted in no change of behavior until hopefully now in the in these last three years. And I do I do sympathize with uh with Miss Welsh as an individual. Again, it's hard for me as as an district attorney, assistant district attorney to say that I concur with the punishment being probation, but I don't again uh disagree with the comments that Mr. Girtz has. We've had multiple conversations about this case. I know he's worked very diligently at it. I don't really know judge and that's why it's um before you that putting her in prison for 20 years and her getting out in two versus a extensive probation period where she could continue the recovery she's been doing is a is a better option. But again, I don't uh I don't I don't know what is in the best interest of public safety. Unfortunately, none of us do. So I I would defer to the court's wisdom and whatever you think is appropriate based on the volume of information that you have. All right. Thank you. Anything else? Would you like to say something about um your honor? I just want to say that um the past um was fueled by drugs and alcohol. I I take complete responsibility for that. Um I did not know uh from very young when things happened in my life that um it it could have been some of it could have been treated and stopped earlier if I had gotten um help for my mental health. Uh that after I received the DWI, um that helped me get myself to a place that I could go into a treatment program and deal with some of those past traumas. In the past, I didn't. I medicated and drank to just forget about the pain. Uh just numb myself out. I didn't know how else to deal with that. And then when I got on my mental health meds and and I have bipolar, I have PTSD and um my mind back then was very chaotic. And I just want to say after I have my mental health meds, um I was able to go through uh treatment at Santa Maria in Houston and that place uh really saved my life. I did extensive 90-day treatment uh with trauma counselors. It was a trauma and formed a community there. Um and I also when I completed that I worked uh an outpatient program but I still lived on their facility. I went to the uh sex trafficking and recovery program and I was in that for about eight months uh where I got uh the state paid for the counseling for trauma still and um I just worked really hard in that. I got a job while I was in there. Um, and then once that program was over, I moved to a sober living facility, uh, in Oxford House in spring and I worked there, um, until I felt like, um, I was strong enough to come home and do what I needed to do. And, um, I'm I was in the complete program for, uh, right about a year. And, uh, I'm sorry. I'm very nervous today. And I know that uh my my past record is uh like Ryan said, atrocious. Um but um you know, the the things that I had to deal with within myself from when I was a little girl, those are things that you don't go to prison even in their programs there that you don't talk about. It's just you just don't. And um I'm asking you please do not send me um back to prison. I want to move for I have moved forward in my life and this year that I've been in jail. Uh has given me uh more time to think and know uh that I am definitely headed in the right direction. I have a sponsor. I attend aa at home. I had moved on with my life as far as I could with my sobriety. I mean, I knew this charge was out there. Uh, and I think I I made some good really good choices with my Mid County AA friends. Uh, they've helped me a lot and um I am uh open to anything. um I will abide by all the rules um and uh do anything that's asked of me. And I think no, I know now that I'm responsible and capable of taking care of my business and my life. Thank you. Thank you. So, Miss Welch, this Miss Mino probably said it yet best and I get this often and they don't envy my position and this is the worst part of my job. Um, but I worked hard to get here and it's my job. um part of my job um it's several things and it's it's to to look at you know obviously defendants and giving chances and things like that but it also is about making our community safe and I have to look back this is your 10th DWI it's not your fifth it's not your eighth it's the 10th and while I understand the trauma that you went through that you've you've been to safe P three times. Um you've been given opportunities on probation where they were revoked, you've had opportunities while you were on parole to do what you have done now. And while I appreciate what you've done and I think that's great and I my my goal isn't to, you know, to stop any improvement, but I I don't I can't in my opinion in good faith go home tonight, look myself in the mirror and say I gave somebody on their 10th DWI that your last sentence was for 15 years in prison. The one before that was for 10. The one before that, you've gone to another 10 year back in '09. I mean, this goes back to the '9s. You got a 15 a 10ear sentence. And in 2011, while you're on parole for that one, you get another one. So, they give you 15 years and you get out and you're on parole and you do it again. The fact is, we're just lucky that you haven't killed someone in our community nine times over. being given opportunities. I just can't do it. Um, I'm going to find that you entered your plea of guilty freely and voluntarily. I'm going to find u and your plea of true uh to the the prior offense. I'm going to find uh sufficient evidence to find you guilty and at this time find you guilty of driving while intoxicated. Going to sentence you to a term of 18 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. You're going to be handed a trial court certification that shows this was not. Well, I guess there was an agreement because the waiver of the enhancement, which could have been a 25 to life, as Mr. G said. So, I'm going to hand you the certification that shows this was an agreement. You've uh waved your right to appeal. I'm also handing you a written admonishment regarding your ineligibility to possess a firearm or ammunition. Possession 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 should read the written admonishment I provide you. If you have any questions about that, you can talk to Mr. GS. And Mr. Miss Walch, I take no pleasure in this. This is extremely difficult for me. Um I understand uh to some extent addiction and I understand that you are on a better path. However, uh there have been plenty of opportunities in the past where you were on a better path and you got back out and you got back on our roads again. And so good luck to you ma'am. Thank you Mr. Durks and Miss Malfino. Court will be adjourned. All right.