Good morning. We've got him, I think. >> Yes. Okay, you're Lupe Gamez. I'm known as the defendant. Okay. What is your last name, Lupe? This is what I should be known as the defendant. I'm challenging you according to the 20 United States Code 611 as a foreign agent. Okay. Well, um this is uh state court, not federal court, and you can challenge Here you go. Let's just listen. You can challenge whatever you want, but we're going to move forward with your case with or without your cooperation. And so >> jurisdiction? I'm sorry? >> The jurisdiction of this court. What about it? What jurisdiction is this court operating under? The Texas Code of Criminal Procedure um the Yeah. So Uh what I I was saying on the record >> Listen. What jurisdiction is this court operating under? This is cause number 23 DCCR0319. Mr. Gamez, don't speak over me. >> proving that I'm dead. I'm also ordering you to bring the bond support to see who's going to indemnify me. Are you saying you're dead? Is that what you just said? Are you going to bring the bond support to see who's going to indemnify me? I'm going to take care of the court the way I take care of court. You're not in charge here, I am. And so, Mr. >> agent. Well, I'm really >> judicial powers according to the United States. Okay. Uh so, Mr. Rojas Mr. Gamez had indicated to me that he was not going to accept a plea in this case. We I signed up [clears throat] on the tablet. He refused to sign. He wanted to have this stuff here in front of court, so Sure. we can So, what is the offer Let's go through it. Um the charge is evading arrest or detention with previous convictions from August 29th of 2022. The indictment alleges uh that Mr. Gamez was previously convicted of evading arrest October 9th of 2002. And then, after that was final, was convicted February 10th of 2009 with the offense of evading arrest. And after that was final, convicted April 15th of 2011 of evading arrest. And what that means is a state jail felony that the range of punishment is between 6 months and up to 2 years in a state jail prison uh if convicted by a jury. And what is the offer that's been made? So, 1-year state jail, judge. And so, Mr. Gamez, the state has made an offer if you wanted to enter a plea of guilty for a 1-year term in the state jail prison. You have every right to refuse that and have a jury come in and determine whether or not you're guilty and what your punishment would be. And is that what you want? Do you want to have a jury trial? >> I will not sign a plea agreement and I will not proceed with the case. Okay, what do you not understand? You have not disclosed the nature and the cause of the accusation against What? You have not disclosed the nature and the cause of the accusation I just did. The nature and the cause of the accusation against you is that on August 29th of 2022, it's alleged that you intentionally fled from Chad Morrison, a person Don't talk over me. A person that you knew was a peace officer. That's the allegations against you. So, if you either if you say you did not do that on I'm not going to enter a plea agreement. You're not going to Okay, so we'll get a jury set up and what we'll do is Mr. Rojas um handles a lot of cases for me as a court-appointed attorney. Uh what I can do is release him and appoint another attorney today who can begin preparation for trial uh a little quicker. Is that okay with you? Are you not going to answer that? I still don't understand the procedure. Okay. Well, we've explained them to you. And what I'll do also uh since you're saying you don't understand the proceedings is I'm going to have Mr. Gamez uh evaluated for competency to stand trial. If you'll get that order done, Mr. Gamez will have uh someone come out to see you uh to do an evaluation to see if you're competent and whether or not you understand the proceedings. Mr. Rojas, you are uh released and we will appoint another attorney today to begin preparation for trial and we'll get a jury as quick as we can. You can go back with the bailiff. >> Subscribe for more real courtroom moments.
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