Motion To Suppress Hearing For TCAP Style Police Sting

本站收录: 2026-05-22

[00:00:03]What's going on? How's everyone doing?

[00:00:07]>> Shout out to everybody else who's cooler. Colin >> Chunky, I didn't say get >> your popcorn >> and your Coca-Cola and relax.

[00:00:19]>> Anyway, tell Colin I'm ready.

[00:00:33]What's going on? This is Colin. How's everybody doing? Hope you're having a great day so far. Happy Thursday. Happy Thursday. And yeah, stuff. Let's just talk about stuff. I I don't know what to talk about. I'm really bad at intros. You guys realize that I can't start a video and I can't end a video. I just talk. Anyways, hopefully you guys had a great week so far and we got a big holiday weekend coming up.

[00:00:59]Yeah, hopefully you guys have some fun plans. Yeah, I got nothing. I don't know. You guys want to watch some court?

[00:01:05]Let's watch some court. Uh what do I have tonight? I've got uh I've got a very interesting one. I kind of teased it a little bit last night. I asked if you guys would be interested in it. Got a lot of people that said yes. So, we're going to run it tonight. Now, this is a a motion to suppress evidence hearing.

[00:01:25]So, the defense is trying to pretty much get everything thrown out, but the underlying case is this defendant is charged with a couple crimes, but mostly the best way I can describe it without getting in trouble with YouTube is it's like a to catch a predator sting. That's what this guy did. uh he fell for one of these things, you know, so he's already a swell human being, right? And uh we actually get to decoy as a witness that they call. So we get to we get to learn a lot about how these things work. And yeah, it's I find these really interesting. It's I don't know about you guys, every time I watch one of those videos, I just tell myself, how is this legal? You know, the they're talking to someone who isn't under 18 and they're charged as if they're under 18. So I was like, I just have a lot of questions in my head on on how this actually works legally. you know, hopefully uh Judge Clark can help us out a little bit. So, let's go. And then I've got a because this shouldn't take the entire night. If it does, then it does. But, uh it's only about 35 minutes. So, I added a few things afterwards. You know, couple pallet cleansers because this this is definitely a heavy topic. But anyways, I hope hopefully you guys enjoy it. Before I hit that play button, you know what to do. Oh, real quick. I got to thank Lone Wolf for this. Um, I saw this yesterday when it was happening and I wasn't able to grab it in time before it poofed off the internet and Lone Wolf uh, luckily grabbed it and he sent it to me. So, Lone Wolf, thank you so much for this. I appreciate it. Okay, now we can get started. Before I hit that play button, you know what to do. Hit the like and subscribe. Do your jump kick back flips.

[00:02:55]Let's go.

[00:02:57]>> We'll just set up for a tracking date on June 18th at 9:00 or June 16th at 9:00, excuse me.

[00:03:05]All right. This state of Florida versus Christopher Carell case number 23 CF 27 2795. We're here today on a motion suppressed on October 27th.

[00:03:24]This the allegations are warrantless. Is that correct that it was a warrantless search? Um, so kind of sort of judged, there were three grounds essentially argued in the defense motion. Um, one deals with a warmer search of the phone and yeah, I haven't actually looked looked it up. I know I've gone down a rabbit hole of watching the actual To Catch a Predator videos and yeah, I mean, I'm one of the weirdos that find it entertaining because, you know, I just keep saying how dumb can you be?

[00:03:54]How dumb can you be?

[00:03:56]And then there's the other now there's actually, you know, what's the best way to describe it? Vigilante groups that are doing the same thing for YouTube clicks and views. See, that's what worries me when random people are doing it. I'm not a fan of that because it's it could be dangerous, right? You don't know who you're walking up who you're walking up to and accusing them of the of these things like that. Yeah.

[00:04:18]Anyways, let's go.

[00:04:20]>> One deals with statements that may have been made by the defendant without being read minder rights. Um the state's not really opposing either one of those issues. There's there's really no evidence of either of those issues um that the state has. Um in actually preparing for this motion, um I realized that law enforcement collected the cell phone but never did anything with it. So I have since asked them to write a search warrant and they will be getting a search warrant to do a download of the phone. But at this point in time there there is no evidence that was collected from the phone pursuant to an illegal search. So that is a a moot issue at this point.

[00:05:00]>> So there's nothing surprised >> and and yes. Um and the only thing I would add to that is really the reason that we have included that was just in case something came up later that they wanted to use. Um I understand that if they get a search warrant subsequently search the phone. That's a a separate issue. But as we stand right now prior to that um that may have looked at wouldn't be that's okay.

[00:05:26]>> All right.

[00:05:27]>> And as far as the statements go um in speaking of the number I guess there was maybe some statements that were maybe made in the body cam that um I don't plan on using those that if he wasn't from Miranda that's I mean is what it is. So >> all right.

[00:05:40]>> Sure.

[00:05:40]>> The only issue then is um I guess the issue of whether there was PC for an arrest in this case. So that's why I finally moved forward.

[00:05:47]>> Well, and as well as it was whether it was a rifle stock or not.

[00:06:20]I'm prepared to move forward.

[00:06:23]>> Uh I'll call uh Shen Shay.

[00:06:45]I do.

[00:06:45]>> You state your name for the record?

[00:06:47]>> Shannon Shay.

[00:06:47]>> And where are you?

[00:06:48]>> Panama City Police Department.

[00:06:50]>> How long have you been with Panama City?

[00:06:51]>> Since December of 2017.

[00:06:53]>> I want to take you to um a while back now. Uh did you have a case against Christopher Bro?

[00:07:02]>> Yes.

[00:07:02]>> And what was your involvement in this case? I was uh working as an undercover chatter essentially.

[00:07:10]>> And uh what was the purpose of working as an >> uh we were in a multi-jurisdictional uh operation targeting um tra people traveling to meet minors for sexual activity?

[00:07:22]>> Was this one of those cases where you law enforcement places an ad on a website?

[00:07:28]>> Yes.

[00:07:29]>> And was Mr. an individual who reached out to respond to that ad.

[00:07:34]>> Yes.

[00:07:36]>> Mr. Pearl reached out in response to that ad. Was it you who he was speaking?

[00:07:40]>> Uh yes, via text message.

[00:07:42]>> Um and at some point uh in that conversation, did you disclose uh an age of who Mr. Carl was speaking?

[00:07:52]>> Yes. 15 years old.

[00:07:54]>> Was that early in the conversation or late in the conversation?

[00:07:56]>> Very early.

[00:07:58]um and the conversation after disclosing that the person Mr. Fear is speaking to is 15. Um did Mr. Bro continue to speak?

[00:08:12]>> Yes.

[00:08:13]>> Um for approximately how long?

[00:08:20]>> Two to three hours.

[00:08:22]>> And what was the general uh tone or gist of that conversation?

[00:08:28]of basically it began by um I disclose the age of a 15-year-old female and because of the nature of the skip the games ad that I had posted that's an a website known for prostitution um there was some I can refer back to the text messages >> let me I guess let me At some point during the conversation, did the conversation revolve around sexual activity?

[00:09:03]>> Yes.

[00:09:03]>> And who requested the sexual activity?

[00:09:06]You or Mr. Cor?

[00:09:08]>> Mr. Crow.

[00:09:10]>> Was that after or before disclosing that she was speaking to you?

[00:09:14]>> After >> throughout the course of this? Yes, that is a defendant. Um, sitting with a like looks like a black jacket and a a white shirt with no tie >> conversation. Was there ultimately?

[00:09:32]>> Yes.

[00:09:37]>> Um, we had sent out a team of um I guess deputies that were assisting with our operation. We had sent out a decoy who was an intel analyst at the time and I stayed in communication with the intel analyst via cell phone um while we were planning the meet and I was still texting with the defendant.

[00:10:02]>> Was there like a specific location that was set up?

[00:10:05]>> Initially it was the Shell gas station in Linhaven right there on uh 77 near uh there's a hotel and a Wendy's nearby.

[00:10:15]you said initially, did they change at all?

[00:10:17]>> Um, we had sent the decoy to the Shell gas station and while we were trying to make definite plans to meet, um, there was talk about moving her leaving to walk over to a hotel nearby and then to the Wendy's.

[00:10:32]>> When you say there was talk, was that Mr. Carl changing plans?

[00:10:36]>> Correct. Text message discussion.

[00:10:39]>> All of this was relayed to the the decoy. the decoy and um because there's numerous people involved and when trying to uh encounter the suspect and so there was people who were also in the sheriff's office training room with myself via radio to the other officers that were on scene.

[00:10:58]>> Now, were there any discussions about what um Mr. Curl was driving and what he would pick the individual up?

[00:11:06]>> Um let me see. I know I had asked at one point if he was driving a black vehicle, which he replied, "No." Um, just because we were getting information from the officers and deputies on scene that there was maybe a black vehicle in that area.

[00:11:24]>> I'm going to refer to you. Um, I believe this is going to be page four of the chats, page five of the chats. Um, did you ask him whether he was driving a car or a truck?

[00:11:42]>> Yes.

[00:11:42]>> Did he respond that it was a car?

[00:11:44]>> Car.

[00:11:44]>> Did you ask whether the windows were tinted?

[00:11:46]>> Yes.

[00:11:47]>> Did he respond that they were not?

[00:11:48]>> No. He said, well, he replied, "No."

[00:11:50]>> Okay. Um, was there conversation about what he would do, how the person would know that it was him?

[00:11:57]>> A wave.

[00:11:58]>> He said that he would wave to her, >> I believe. So >> um now you weren't present when he was actually um arrested or when he approached the decoy were >> correct. I was at the sheriff's office.

[00:12:10]>> No further questions.

[00:12:12]>> I see Miss >> Humber.

[00:12:17]Okay. Um and so you were the the undercover hider in this operation.

[00:12:22]Correct. Um, so you were never actually you never actually went to village like Target or anything like that? You were still away just >> correct. I stayed in the sheriff's office the entirety.

[00:12:38]>> Okay. Um, so during your messages u with the person you're chatting with, do you recall whether they gave any like description of what they looked like?

[00:12:52]>> I don't believe so.

[00:12:54]>> Um, did they give any description other than they drove a car and had no tent?

[00:13:00]>> No.

[00:13:01]>> Um, so you you didn't have any knowledge of a making model of a vehicle?

[00:13:06]>> Correct. I did not. or what the person looked like or really any any identifiable information about the person. Is that correct?

[00:13:12]>> Correct. I did not >> um and I think the only identifiable information about the the vehicle again that the windows were intended that it's a car. Um, do you recall whether the person said it's a big car or not?

[00:13:39]>> Um, I don't believe so.

[00:13:41]>> I think that's on page five, the very last line.

[00:13:49]>> Oh, it's big.

[00:13:50]>> Okay. So, saying that it's a a bigger car, I guess.

[00:14:00]And The last message you sent was at it says it's listed on page 710643 p.m. It is where did you go? Does that sound correct?

[00:14:20]>> Yes.

[00:14:21]>> Okay.

[00:14:25]No.

[00:14:27]All I have for this ma'am.

[00:14:31]>> Can the witness be excused?

[00:14:32]>> Ma'am, you may go about your day.

[00:14:34]>> Thank you.

[00:14:36]>> I believe my next witness is going to be on Zoom, Rachel Hamola.

[00:14:43]If >> you'll turn on your video right hand to be sworn.

[00:14:53]If you'll raise your right hand to be sworn, please.

[00:15:01]>> I do.

[00:15:04]>> All right. This is the decoy I think that they use to take the pictures up.

[00:15:08]She was part of She was part of this.

[00:15:11]Yeah, it wild story.

[00:15:15]>> Thank you. Uh, Miss Molly, you can put your hand down. Um, could you please state your name for the record? Yes, my name is Rachel Homala.

[00:15:22]>> And where are you currently employed?

[00:15:24]>> I'm currently employed with the Department of Homeland Security.

[00:15:29]>> Where did you work uh prior to that?

[00:15:32]>> Prior to that, I have worked for the Virginia Beach Police Department and the Panama City Police Department.

[00:15:38]>> What was your role with the Panama City uh Police Department?

[00:15:42]>> My role was as a crime analyst and later as the crime analyst manager.

[00:15:48]Did you get involved in this case against Christopher Caro?

[00:15:51]>> Yes, I did.

[00:15:52]>> What was your role in this investigation?

[00:15:55]>> I was working as a crime analyst on the time at the time and during this investigation, I was a decoy.

[00:16:04]>> So, um you were you're the decoy that was involved. Um explain to the court kind of how uh that worked and and what you did.

[00:16:14]>> Yes. So, I had posed for photos and because the subject knew my appearance, we knew that the subject would be more likely to reveal themselves if I were on scene. So, we made the decision for me to go out on scene so that the subject would present themselves.

[00:16:31]>> And where where did you go?

[00:16:34]>> I went to the gas station at the corner of 26 and uh Highway 77.

[00:16:41]What did you do when you got to the gas station or what did you do from there?

[00:16:45]>> When I first got to the gas station, I was inside and then once the subject attempted to change the location, I left the gas station and went to the corner of 26 in Malden where a vehicle approached me that displayed the behavior of the suspect.

[00:17:04]>> So, uh, I want to talk a little bit about that. You were not directly communicating with the suspect, were you? No. Uh, >> who were you communicating with?

[00:17:14]>> I was on the phone where I could hear the radio. So, I was on the phone with other officers on scene and anyone on through the radio.

[00:17:23]>> And you were being relayed the information from um, Detective Shay about what was being said in this conversation?

[00:17:30]>> I was. Yes.

[00:17:31]>> Okay. So, what what behavior were you anticipating seeing from the suspect? I was anticipating someone to wave at me.

[00:17:41]>> Um, now when you left the gas station, um, specifically where you said you you walked where?

[00:17:50]>> It was the corner of 26th Street and Malden, which is a small back road behind the gas station.

[00:17:57]>> Is that uh is there a Wendy's in that area?

[00:18:00]>> There is a couple blocks down, but I would have had to walk through a back alley to get there. Okay. Were is that where you were requested to walk towards was the Wendy's?

[00:18:11]>> Yes, that is where the subject that we were communicating with wanted me to walk to.

[00:18:17]>> Um, now when you were walking in that direction, um, was the the subject vehicle the only uh vehicle that approached you?

[00:18:27]>> No.

[00:18:28]>> Okay. How many vehicles in total approached you? Uh, other than the subject's vehicle, there was one other, but they did not display the behavior that the subject indicated that they would.

[00:18:40]>> What What type of vehicle was that other vehicle?

[00:18:42]>> It was a black truck, I believe.

[00:18:46]>> Um, and then what happened with that black truck?

[00:18:50]>> They asked if I was okay because I was standing alone outside of the gas station and I told them that I was okay.

[00:18:56]There were multiple subjects inside the vehicle and then they proceeded along.

[00:19:00]>> Right. Um, and then at some point the suspect vehicle approached you?

[00:19:06]>> Yes.

[00:19:07]>> And what happened when the the vehicle approached?

[00:19:10]>> The vehicle approached me at a high rate of speed and stopped. Once the vehicle had stopped, the passenger side window rolled down. And once that window was down, the subject or the driver inside of the car turned towards me and waved.

[00:19:25]And at that point, I indicated the make and model of the vehicle over the phone.

[00:19:30]Okay. Um, was there multiple people in this vehicle or just the driver?

[00:19:36]>> Just the driver.

[00:19:38]>> Um, the vehicle, was it a car or a truck?

[00:19:42]>> It was a car.

[00:19:44]>> Um, is that essentially your involvement in this case?

[00:19:49]>> Yes.

[00:19:50]>> Got no further question, John. Mr. >> Okay. And if you can't hear me, just let me know. Okay.

[00:19:59]Okay. Um, and so you >> Yeah, none of us can really hear you. We need you to talk right into that mic, >> please. Thank you.

[00:20:08]>> You served as the decoy, like you said.

[00:20:11]Um, do you remember whether the the car that you interacted with, whether its windows were tinted or untinted?

[00:20:22]>> I do not recall.

[00:20:24]>> You don't recall? Okay. Um, do you recall what the car that pulled up to you looked like?

[00:20:34]>> Yes, it was a gray Audi.

[00:20:37]>> Okay. Um, was it a is that a large vehicle, a smaller vehicle? How would you describe the size of that vehicle?

[00:20:44]>> I would remember it as a larger sedan.

[00:20:46]It was a newer model.

[00:20:49]>> Okay. Um, and so, um, can you kind of describe what happened? Um, I guess the vehicle approached you. Did you give some kind of signal to the other officer officers that were nearby to alert them? How did that work?

[00:21:14]>> They were nearby and had visual of me.

[00:21:17]So they saw the vehicle pull up to me and I was on the phone and indicated that a gray Audi had pulled up to me and at that point they began to um get behind the vehicle.

[00:21:28]>> Okay. And so when when the vehicle pulled up to you, you were on the phone?

[00:21:34]>> Yes.

[00:21:35]>> Okay. Um how long would you say the vehicle stopped beside you? I would say that it was stopped beside me for I would say anywhere between 10 and 30 seconds. It was a short encounter because when the undercover vehicles pulled behind it, it sped off quickly.

[00:21:58]>> Okay. Um, can you describe those undercover vehicles for me? What do they look like?

[00:22:05]>> I do not recall.

[00:22:07]>> Okay. Um, do you remember whether when that vehicle pulled around if they had lights on?

[00:22:14]>> Yes, I do remember that. I first saw the vehicle with its headlights facing towards me as it turned.

[00:22:22]>> So, the the police lights when they pulled up to where you were, were the police lights initiated?

[00:22:28]Uh, >> I do not recall. I was focused on the subject vehicle at the time.

[00:22:33]Okay.

[00:22:39]And you stated that another vehicle had pulled up before the secondary vehicle.

[00:22:43]Correct.

[00:22:44]>> Correct.

[00:22:45]>> Okay. And they asked you basically if you were okay, right?

[00:22:51]>> Okay. How long after the first vehicle pulled up to the second vehicle pulled up, was it?

[00:22:57]>> It wasn't longer than a couple minutes.

[00:23:01]>> Okay. Um, and so like you said, when the second vehicle pulled up, you were on the phone, right?

[00:23:08]>> Yes.

[00:23:09]>> Okay. Um, do you recall what the person in the second vehicle, if anything, what they said to you or if they said anything?

[00:23:18]>> They did not say anything to me. They only waved and displayed that behavior that the subject in the messages indicated they would.

[00:23:26]>> Okay. So the the indication that the secondary vehicle had the suspect in it was because they waved at you.

[00:23:33]>> Yes. And the behavior of how it pulled up to me.

[00:23:37]>> Okay. What was the behavior of how they pulled up to you?

[00:23:40]>> They pulled up to me at a high rate of speed and came to a stop which in my experience would be irregular for it seemed like they were stopping to meet me.

[00:23:53]>> Okay. So, and you're saying that it looked like this person was stopping to meet you basically in the road. They're stopping in the road to meet you.

[00:24:04]>> Yes.

[00:24:06]>> Okay.

[00:24:09]>> Say that one more time.

[00:24:11]>> It was along Molen Way, which was the small street behind the gas station. So, it wasn't stopped in the middle of a major road.

[00:24:20]>> Okay.

[00:24:21]And so what you're saying is that they came So are you saying that they came up on that small road and stopped and talked to you?

[00:24:29]>> They did not talk to me, but the vehicle >> or just stop and came to a stop? Yes.

[00:24:35]>> Okay. And so you said they were going quickly down that small road and stopped.

[00:24:40]>> Yes.

[00:24:42]>> How fast do you think they were going?

[00:24:44]>> It was a short period of time before the vehicle between when I saw the vehicle and when it stopped. And so I it's hard to say, but it was quicker than a normal turn. Absolutely.

[00:24:59]>> Okay. Um, and did you say anything or make any gestures toward the person in the car?

[00:25:06]>> I did. Yes. Because I was on the phone.

[00:25:08]>> Okay. What was >> Yeah, because I was on the phone. I gave them the indication of like one second and that was all.

[00:25:17]>> Okay. Did do you remember if you did that indication before or after they waved at you?

[00:25:24]>> It was after they waved at me.

[00:25:30]>> Um, and when you were there serving as the decoy, did you know what type of vehicle um you were kind of looking for?

[00:25:39]No, I knew that we were looking likely for a car, but I was primarily looking for the gesture indicated in the messages, >> which was a wave.

[00:25:48]>> Yes.

[00:25:50]>> Okay.

[00:25:56]>> Um and and so I think you said that the wave is what indicated to you that in your mind that that was the suspect.

[00:26:04]Is that correct?

[00:26:06]>> Yes. and the behavior of how it pulled up to me >> that it pulled up quickly, I guess.

[00:26:12]>> Yes. And came to a concl.

[00:26:13]>> And you said you sure and and you said you don't remember whether the police the undercover unit pulled up with lights on or not.

[00:26:22]>> I do not recall.

[00:26:24]>> Okay.

[00:26:39]Uh I think he was avoiding that question. There was they were asking questions about that earlier saying are are you in this kind of car and he just kept saying no no no. So he wouldn't tell him what kind of car he was in.

[00:26:52]Also, by this point, um, the guy online is the they can connect him with whoever was talking online, and there there have already been crimes committed online before the meetup even happened. So, the meetup is just an extra crime. But, I'm I'm sure that he's sent pictures and talked sexual to this person that he thought was 15. So, as long as they, you know, if they arrested him and like, "Oh, this is the wrong guy." I'm sure they would have let him go. hopefully. But yeah, the wave is kind of weak. I agree. I do agree. But there's there's already a case backing everything that they did.

[00:27:34]>> That's all I have. Your honor, >> you reiterate.

[00:27:36]>> The witness be excused.

[00:27:38]>> And you may go about your day.

[00:27:40]>> Thank you very much.

[00:27:42]>> Thank you.

[00:28:01]H >> you inquir whenever you're ready >> because showing up to the place to meet the decoy shows the intent behind the actions. So that that's why that they want him to meet. They could have gone to his house and just searched his computer and charged him with that. But yeah, they wanted the intent behind everything cuz him showing up at the spot they were supposed to meet shows he was he was uh willing to go through with it. Maybe intent's not the right word.

[00:28:48]Am I using the right word? Yeah.

[00:28:50]>> Richard Bagwell.

[00:28:52]>> And are you employed?

[00:28:54]>> I'm a lieutenant with the Bay County Sheriff's Office Warrants Division.

[00:28:57]>> I want to take you back to 2023. Were you involved in this investigation with Chris?

[00:29:03]>> Yes.

[00:29:03]>> What was your involvement? I was assigned uh as a task force officer and we were operating as part of a takedown crew uh involved in the uh arrest of individuals that showed up.

[00:29:19]>> Were you ultimately involved in the the stop and arrest of Mr. Grill?

[00:29:23]>> Yes.

[00:29:24]>> Where were you located when you first saw him or came into contact with him?

[00:29:30]It's a convenience store, gas station.

[00:29:34]>> Uh they're saying that the the stop was illegal. The the the traffic stop was illegal. They didn't read him as Miranda writes. And then they were trying to suppress any evidence they found on his phone, but the state said that they never looked through his phone. I feel like there was another thing.

[00:29:51]Yeah. Um maybe that's it. located on Highway 77, right across the street from the Waterworks car wash. I think it's a Shell. Um, and I was parked at the second gas pump in from what would be the south end of the parking lot facing the Shell station.

[00:30:14]>> And what were you uh what were you driving?

[00:30:17]>> I was either in a gray Dodge pickup or a black Nissan pickup. I'm not sure which because I got a new vehicle right around this time and I don't remember which vehicle I was in at the time.

[00:30:30]>> Either one of them would uh would have been I guess >> correct unmarked police vehicle.

[00:30:36]>> Correct. Um and at some point um there was a decoy that was used, Miss Hamola.

[00:30:44]>> Yes.

[00:30:45]>> Okay. Did you observe her, have eyes on her when she left the gas station?

[00:30:50]>> Yes.

[00:30:51]Did you see a vehicle?

[00:30:54]>> Uh, she was uh she's a part of um Homeland Security.

[00:31:01]>> Yes, I did.

[00:31:02]>> What vehicle did you >> It was a gray four-door uh sedan. Um couldn't tell you the exact maker or model. Um >> you saw you saw that gray sedan approach, Mr. M?

[00:31:16]>> Yes, there was some kind of interaction.

[00:31:19]Um, I couldn't see exactly uh the driver's actions because the undercover officer had kind of blocked the view, my view into the car. So, >> when you say the undercover officer, you're referring to the deport, >> correct?

[00:31:38]>> Um, and at some point, did she signal that this this was the vehicle that the suspect was was?

[00:31:46]I don't recall that she specifically gave a signal. Um, I recall her approaching the vehicle and having a conversation.

[00:31:58]And my function during this operation was to drive and maintain visual security on any UC's. I had Lieutenant Chris Corm in the car with me. He was communicating with the individuals that were actually involved in the undercover.

[00:32:21]>> Okay. So, you weren't directly given any information?

[00:32:24]>> No.

[00:32:24]>> Okay. I know I know that Lieutenant Corum and I had a conversation and we said two of us ultimately decided >> that was my next question. At some point, did you make the decision to stop that?

[00:32:35]>> Yes.

[00:32:36]>> And that was based off of um the information that Lieutenant Corum was getting from the decoy.

[00:32:43]>> Correct. and Detective Shay who was also involved. Correct. Um, so you make the decision to stop the vehicle. What do you do? When I pulled out to approach the rear of the vehicle, um, there was a secondary vehicle that was, I believe it was in the Windgate Hotel parking lot that was supposed to come over and block in the front. So when you say secondary, another law enforcement >> another Yes, I'm sorry. Another law enforcement vehicle to execute what is what we refer to as a vehicle pin that stops the vehicle from moving.

[00:33:22]I got there before the secondary vehicle was able to get in position and the vehicle left. Um, I had to navigate around the UC who kind of ran out in front of >> uh, she hasn't said she hasn't said either way. But as much as I watch this court, I've never seen her before. So, I don't think they bring in public defenders from other courts unless there's a conflict. So, I'm going to I'm going to assume retained, but it's just a guess based on prior knowledge. Still a guess >> of me. That slowed me down for a minute and then I had to get around the curb and onto I don't know the name of the road that runs behind the shell, but it is a service road that runs from I think it's 26th Street into the parking lot of the public shopping plaza on Highway 77. It's probably a quarter mile in length. Um, by the time I got around to that road, the vehicle was halfway down that road.

[00:34:32]>> Um, at what point did I guess that vehicle take off?

[00:34:38]>> It was moving. I I was trying to catch up to it and I was driving well in excess of the speed limit trying to catch up to it and wasn't really gaining on it until it got to the stop sign. It the vehicle turned.

[00:34:54]I I think it turned at the red light.

[00:34:56]I'm not 100% if it turned at the red light or if it went into the parking lot and came out one of the accesses, but I'm pretty sure it turned at the red light >> and eventually >> on to 77.

[00:35:08]>> You eventually conducted a stop.

[00:35:10]>> Yes. I ended up having to run the red light, get in behind it on 77, and it made a right-hand turn onto I think 17th Street. And once it did, I activated my lights and the vehicle went through one stop sign and stopped halfway through the block and the next block.

[00:35:27]>> Was Mr. Carl, the driver of the vehicle?

[00:35:30]>> Only occupant?

[00:35:31]>> The only occupant?

[00:35:32]>> Yes.

[00:35:32]>> He was arrested for the charges at that point.

[00:35:35]>> Yes.

[00:35:37]Mr. >> Sure. Um and and you said you were in that undercover meeting. You weren't sure exactly >> correct.

[00:35:47]>> Um and so do you recall if when you were kind of coming to where exactly where the undercover was whether you had lights initiated or not?

[00:35:57]>> I did not.

[00:35:58]>> You did not have lights initiated.

[00:35:59]>> No. Um, and on that vehicle, if if the lights weren't on at nighttime, would someone have any way to identify that that was an undercover vehicle?

[00:36:09]>> No, ma'am.

[00:36:10]>> No. Okay. And the first time you turn there that you initiated the lights was like you said at the traffic stop, correct?

[00:36:18]>> Correct.

[00:36:19]>> So, no one would have any way to know that there was that that vehicle was an undercover vehicle until the lights were initiated. Correct.

[00:36:27]>> That's correct.

[00:36:32]Um, and you might have already said this, but you didn't have any kind of knowledge about, did you have any kind of knowledge about what type of vehicle y'all were looking for?

[00:36:45]>> Best I recall, it was just some kind of small silver sedan, >> but specifically, no, I don't recall any specific knowledge.

[00:36:54]>> Okay. on what type of vehicle >> and and the vehicle uh that that you stopped. Can you describe that vehicle for us?

[00:37:06]>> It was a small silver four-door car. Um I don't specifically remember the making model.

[00:37:12]>> Okay. But you're It was a small vehicle.

[00:37:14]>> Yes.

[00:37:15]>> Okay.

[00:37:23]Um when when you turned the lights on to stop the vehicle, um was the vehicle were were they compliant with the stop or did they >> they were compliant. They I would call it a slow roll to a stop. Um they didn't immediately pull over, but they didn't run either. Um, I activated my blue lights as soon as I turned off 77.

[00:37:53]>> Okay.

[00:37:54]>> And in that we made a right turn off of 77 onto I think 17th Street. Um, Linhaven is broken up into those blocks.

[00:38:05]As soon as I activated my lights, the vehicle slowed down. It went through one intersection and then stopped halfway down the next intersection. I had to catch up to it. But again, I can't say that it was running. It just was slow to stop.

[00:38:20]>> Sure. Okay.

[00:38:25]>> Any other questions?

[00:38:26]>> Just briefly, uh, did you ever lose visual on the car that you saw approach the?

[00:38:32]>> No.

[00:38:33]>> So, the car that you ultimately stopped was the car that had approached.

[00:38:37]>> Yes. No further questions.

[00:38:40]>> Can the witness be excused? Yes, sir.

[00:38:41]>> Sir, you may go about your day.

[00:38:46]No more argument.

[00:38:53]>> The basis for a stop is reasonality of the messages that were sent to Shay related to Mr. Mo. What happened with Mola? what she observed and what uh Lieutenant Bagwell observed and ultimately stopped the vehicle for is is more than enough for a valid stop.

[00:39:19]>> Yes, honor. I I just want to point a few things out. Like we've heard um his vehicle was not the only vehicle or the alleged vehicle to to stop. There were other people who were going down the same area who saw her standing there and were concerned. Um I I don't think that someone stopping um fits because there were other people that also stopped to make sure that she was okay. Um in addition to that, in the text messages, the car is observed or the in the um chatter messages, the car is explained to be a a large car with um no tent on it. Um certainly officer Bagwell, who we just spoke to, um probably saw the vehicle longer than Miss, forgive me, Hamola, um probably did or the alleged vehicle.

[00:40:15]In the messages, they're saying it's a large car. He's saying this is a small vehicle. When this whole thing started, they didn't know other than a car, a large car. They had no description of the person. They had no description of the vehicle other than it's a quote a large car. No color, no make, no model, anything like that. Again, this isn't even the only vehicle that stopped. Um, I don't see how there's any reasonable suspicion that's supported by articuls in this case that crime may have been um happening or about to occur. And again, your honor, other than um them having I guess some kind of suspicion about this vehicle, which um I think that uh the the decoy said it's be the the reason I thought it was them was because they waved at me. Um I I that's just so general. I I don't even see how that can be specific enough or something like that, honor. And in addition to that, um, we haven't heard anything other than her saying to the officers, however, that may have been signal. It's not really clear who decided that this was the vehicle. Um, but I guess from her saying, you know, I think that this is the vehicle. The reason she gave why is because the person waved and she thought they pulled up quick.

[00:41:47]I I just I don't see how that's reasonable suspicion where a vehicle stops to speak to somebody who's standing on the side of road when again your honor someone just minutes before as we heard from the decoy had done the exact same thing. I don't think that that meets reasonable suspicion. Um I do not think that that this was a rightful stop. We haven't heard any other evidence as to any other reason as to why the vehicle was stopped or any type of rightful traffic stop or anything like that. And your honor, we would just because of all of that uh we would ask that anything that came from that traffic stop uh not be admissed.

[00:42:24]>> I'll take it under advisement. We'll set this for a pre-trial July 9th. July 9th or July 14th >> at 9:00.

[00:42:39]>> Thank you.

[00:42:40]>> Thank y'all. All right. Mr. Hatcher, did he have another hearing?

[00:42:46]>> All right. All right. We're going to hear more July 9th. Now, if they don't have anything connecting him to the the messages that were exchanged with the decoy Yeah. Uh that that's the weakest case I've ever seen. But I'm guessing they had an idea who he was. If if if that entire case is based on that wave. Yeah.

[00:43:10]I can't see that going forward at all.

[00:43:13]At all.

[00:43:17]Anyways, yeah, that was fun. I found that interesting. Hopefully you guys did, too. All right, we'll move on.

[00:43:23]We'll move on to a court that we can actually hear. Let's see. Where are we going? We're going Oh, we're going to Texas for an eviction hearing. We're going from creepy to creepy crawlers.

[00:43:34]Let's go.

[00:43:36]>> 24 Northland Ranch Apartments versus Michelle Poe.

[00:43:42]Amanda Smith >> Michael Poe.

[00:43:46]>> Michael Poe. I am so sorry.

[00:43:48]>> That's okay.

[00:43:51]Nation.

[00:43:53]Who is here for the landlord >> nationwide?

[00:43:59]>> All right. I shall this shall it be an eviction petition? Um I'm not I could if I'm looking at my notes, I indicate I could not find the amount of monthly rent. I don't know if I just missed it or it wasn't listed or what, but I don't have it. Can you give it to me? Yeah, it's$1555 and we're seeking March through the parade of May for a total of $4,163.38 and back rent through today. Notice to vacate or notice to pay was given on March 9th. It was hand delivered and it was a 30-day notice. We're seeking back rent court cost and possession.

[00:44:38]>> All right.

[00:44:40]Um, Mr. Mr. PO or Miss Smith, what would you like to tell me?

[00:44:44]>> Okay. So, I'll speak and then Michael can speak. Uh, I just want to ensure that they're unable to interrupt me.

[00:44:53]>> Well, I I'll take care of it. I'm in charge. I'll take care of things.

[00:44:56]>> Okay. Thank you so much. So, um, first of all, we came from Sedona Springs, which is an apartment complex that's owned by the same manager as Monterey Oaks. And so, they have all of these records available. And plus, I received them from Sedona Springs as well. When we lived at Sedona Springs, we never had not one German cockroach.

[00:45:19]I've never had a German cockroach infestation, but I can prove it at Sedona.

[00:45:24]And uh day one moving into Monterey uh Monterey, there were roaches. Um, I know hearsay is not allowed. So, Michael can speak on what he heard directly from the cleaners when he was uh making the first delivery of our of our household items.

[00:45:43]But, uh, we have two small children and right now they are 3 and 22 months, but they were much younger than that when we moved in in July. And um I constantly was I mean they were coming out of the outlets. They were coming out of the ventilation systems. We called them the the first month we moved in and we've called them nine times. They never took us seriously. They told us they were changing companies, but it was this is again hearsay. I'm leaving this for Michael, but the same man to come just in a different shirt. Um and they never solved the problem. They never took it serious. There was roaches crawling up the walls. One day I um I I put my babies down with a bottle at nighttime and then when they are asleep I go grab their bottles and I brush their teeth.

[00:46:34]One night I went in there and there was a roach on my little tiny baby's face and uh they go to private school and so I have to do their laundry every day and I have to deliver that to their school.

[00:46:47]And I was so scared that a roach would come out of their belongings when I took them to school. I had to leave. I left with my babies because it I would be a bad mother for leaving them there. We requested to be uh released from the apartment. They would not give us an option to move to a different unit cuz they said that we would infest that unit. Um, they have told us that the building that we currently, well, Michael still currently resides in that we are the only one with issues and I find that highly unlikely.

[00:47:19]Um, and if I forgot anything, I'd like for Michael to proceed to finish anything I have not said or anything that's here on my part.

[00:47:29]>> Okay. Uh so just to build on that, I do have the uh timeline of events for our uh reporting of the roaches. Uh pretty much on the dot once a month, we would put in a ticket to say that the roaches are not resolved. They would send out treatments to our house. The guys would come in, they would spray a few corners, and then take off. Uh some of the more advanced treatments would require us to empty out all of our cabinets in the kitchen, clean all the counters and everything, pull all the appliances out so that they can come and do a more uh intricate treatment, I suppose. Uh and moving my kitchen in and out and in and out and in and out is strenuous.

[00:48:16]It's a lot of work. It's not easy to empty out your entire kitchen and put it in your bathtub so that they can come and spray and do their treatment and then it doesn't it doesn't address the issue. They're still coming out of the walls. They're still coming out of the cracks and you know but out of the ventilation and out of the outlets and we found roach droppings like everywhere. And we're talking about not to mention the building but just our stuff in the building. We're talking hundreds maybe thousands maybe closer to $10,000 worth of property damage that that we have a custom router that's $700 completely infested with roaches. It's ruined. We had two Xboxes completely infested with roaches. It's ruined. And we've asked to get out of the lease.

[00:49:04]We've asked to terminate the lease early. And the only option that we were given is that we can pay two months rent uh in order to get out of the lease. And two months rent is really difficult to come up with uh when you have children, you have bills, you have school, and now since we abandoned the property essentially because of you know safety issues, uh we have two rents essentially that we're responsible for.

[00:49:36]>> All right. Just to answer a couple quick questions. U someone asked what the relation between these two are. I think that's the dad to the children. Sounds like they're in a relationship. They're just not married. And uh Uncle Dan, no, that's not the court reporter. This isn't a court of record. So, I don't think they would have a court reporter.

[00:49:54]I don't know though. Maybe it is. But I think that's how that works, right?

[00:49:58]>> And uh we're not seeking to stay in the the the doicile at all. We don't want any of our stuff in there. We really just wanted to get out of the lease. We wanted to be out of the facility because it's not being taken care of. They And to build on what she said earlier about the pest companies, they they they treated the they treated the apartment probably, you know, six times and it was ineffective. Multiple different types of treatments. And then they said they were going to get a new pest company and that the new pest company would be able to take care of it cuz they were really on the up and up. And uh when the new pest company showed up, it was the exact same guy that worked for the old pest company. He just had a different shirt on.

[00:50:42]>> Let me She's trying to reach you right now, Dan. She's trying to have a conversation about your extended warranty.

[00:50:49]>> Didn't anything different.

[00:50:51]>> Hang on. We're we're here today about failure to pay rent. And I'll address the the infestation issue in a moment, but are you contesting that you in any way contesting that you haven't been paying the rent?

[00:51:04]>> We are not contesting that we have not paid the rent. But we are not paying $2,000 a month for a place that is not safe for our babies. It's not healthy for us. As soon as I moved out, four days later, my hair stopped falling out.

[00:51:19]I am so bug phobic. I I like my family was like, I don't know how you lasted that long.

[00:51:24]>> Okay, here's the situation.

[00:51:26]>> So, we're contending that we actually have vacated the property and we don't want to pay the rent uh for a doicile that is not taken care of by the I feel like they're in breach of the lease contract because they were unable to deal with the pest issue >> or just human rights in general.

[00:51:44]>> Hang on, hang on. Okay, here's the deal.

[00:51:46]I understand you got an issue about the roaches and there there are there are things you can do there there are things to file to address that. It cannot however be addressed in the eviction proceeding. That's a separate issue. By law I can't I can't get into that. Uh the issues I can get into are whether rent was paid or not. And in this in this situation, unfortunately, everybody agrees rent hasn't been paid. So there there there if you need to file an action concerning the the infestation, things like that, you can certainly do that. But I can't I can't deal with that today. So I'm going to issue I'm going to grant the eviction issue a judgment for 416338.

[00:52:22]Appeal bond is going to be twice monthly rent. My orders final in 5 days. And like I say, if you need to file another action, you certainly are are free to do that. But that as far as hearing today, I have to I have to grant the eviction.

[00:52:35]>> Okay. Um, I think did you just say that you're going to send us a way to to to file?

[00:52:44]>> No, no, no, no. I I can't give you legal advice. I can just say if you if you want to address that, you can certainly file anything you think you need to or speak to, >> but all all I can address is the eviction issues, and that's what's in front of me today. And so, I have to I have to grant the eviction.

[00:52:58]>> Understood. Thank you.

[00:53:00]>> Thank Thank you all.

[00:53:01]>> I did have one more question. I'm sorry.

[00:53:03]Um the the the baleiff in the beginning said that this was not a court of record. Is there going to be some record of I'm I'm assuming there's going to be some record of this judgment. Correct.

[00:53:15]>> There'll be a judgment. Yeah, you'll get a copy of the judgment.

[00:53:18]>> Okay. Thank you so much. I appreciate you, sir.

[00:53:20]>> Thank you all.

[00:53:26]>> Yeah, like I said, from creepy to creepy crawly.

[00:53:30]Yeah. Uh JP Jazz, thank you so much for the 17 months. I'd appreciate it. Good to see you tonight and thank you. All right. Um yeah, hopefully they get they do something. I believe them. I believe they had nothing to do with the roaches.

[00:53:45]Uh I also believe that it's not would just be your unit.

[00:53:50]Yeah, it sounds like that uh that you know the man the complex manager needs to uh do a couple inspections around see what's really going on. I don't know how they wouldn't have if if one unit says they have roaches and then they show them proof they have roaches. Yeah, there should be a building wide buildingwide inspection ASAP. Right.

[00:54:10]Anyways, uh we're going to move on to the last one of the evening. This is a quick one. We're actually jumping back to Florida. Yeah, staying in the South today.

[00:54:23]>> All right. Is there Owen Harbaker, Logan Malik, Xavier Montenegro, Alex Morse, and Thomas Swer?

[00:54:38]>> I believe these are all co-fendants.

[00:54:40]>> Yes, sir.

[00:54:42]>> How are you doing? How are you, judge?

[00:54:44]>> Doing well. Thank you.

[00:54:48]>> I think we've got everybody up here. Um, we've >> come on. Come on up, gentlemen. Don't stand behind your buddies now. There we go.

[00:54:57]>> Judge, >> we've entered um a written plea of not guilty, but we have a PTI agreement with the state today to enter um the terms is that or that they would be on the PTI program for a term of 12 months. Um $427 in restitution each. Um their uh court cost will be $232. They will serve 40 hours of community service here in Gulf County. Um, their PTI fee was $300 plus the monthly cost of supervision.

[00:55:28]Yeah.

[00:55:30]>> And I think the only other term, judge, is that they will personally appear before the county commissioners next Tuesday to apologize in person.

[00:55:39]>> All righty. We I don't see any information filed in this case. All right. So, we're going to I guess this is going to wave speedy trial or >> Yes, sir.

[00:55:49]Mr. is Owen. Is it Hallbaker?

[00:55:52]>> Yes.

[00:55:53]>> Uh Thomas Walford Xavier, is it Montenegro?

[00:55:59]>> Montenegro.

[00:56:00]>> Alex Morris and Logan Mallet.

[00:56:04]>> Malot. All right, gentlemen. You're before the court and um on a theft of a stop sign and criminal mischief. each one of you. It looks like you've entered an agreement with the um state to complete certain conditions. And if >> theft of a stop sign, >> uh go on vacation, stay for incarceration for stealing a stop sign.

[00:56:25]>> You complete those conditions, the charges will be dismissed. If you don't complete those conditions, you'll be brought back in front of me. And it's third degree felony at least on the first count, judge. Well, Mr. Van, >> and that's up to 5 years in prison. You understand that? So, if you do not complete these conditions, what will happen is I'll issue an arrest warrant for each of you who do not complete the conditions. You'll be um brought back down to Florida. What university or college do you attend?

[00:56:48]>> State University.

[00:56:49]>> Someone law enforcement in Missouri will pick you up. They'll notify us. We'll send a deputy up to pick you all up and you'll come back down and you'll be facing up to 5 years in prison. You understand?

[00:57:04]Looks like each of you has restitution.

[00:57:06]$427 court cost $232 and they're going to complete the community service hours here in Gulf County.

[00:57:21]>> And you're going to personally appear at the Gulf County Commissioner's Office.

[00:57:24]What? Next Tuesday.

[00:57:25]>> Yes, sir.

[00:57:26]>> Give an apology and a PTIP. Any questions, gentlemen?

[00:57:31]>> What year are you all in college or university?

[00:57:36]I'm a junior. I'm a freshman.

[00:57:39]>> You You all don't want to mess up your life by doing something stupid like this. I know possibly fun and games to you all during spring break, but I've seen cases where people make decisions when they're in their early 20s and it follows them for the rest of their life.

[00:57:55]All right. What are you all majoring in, sir? uh bio biology and a minor in like elementary education, >> computer science, >> business administration, manager.

[00:58:07]>> All right. Well, this is an agreement between you all and the state. Do we need a comeback date? Return date.

[00:58:13]>> We'll track it. I just hope this is the turning point.

[00:58:18]>> Did we get the sign back? Is this the Charlie Kirk sign?

[00:58:21]>> We >> It was returned.

[00:58:22]>> It was returned. Damaged?

[00:58:24]>> I don't.

[00:58:26]>> Okay. All right.

[00:58:29]Okay. All right. So, gentlemen, best of luck to you. You complete the conditions, the cases will be dismissed.

[00:58:33]If not, um I think you know the consequences. All right. Best of luck to each one of you. Take care.

[00:58:41]>> All right. Uh I I don't know what the whole Charlie Kirk reference was. It's a stop sign.

[00:58:47]Uh was there a memorial Kirk sign? I I don't know. But they stole it. They stole it. Nah, boys will be boys, right? Geez. Five years for a stop sign. All right.

[00:59:03]Um, that's all that's all I got, guys.

[00:59:05]That's all for the night. I appreciate everyone hanging out with me. I know it was early, but hey, look, I'm finishing now right when I usually would start.

[00:59:12]You guys have the rest of the night to do whatever you want. Yay. Have a great rest of your evening. I will be back tomorrow at the normal schedule time. I actually I'm probably gonna stream Saturday night as well. probably do since I'm I'm off Monday to Thursday next week. I'll probably stream Saturday night.

[00:59:30]I'll let you guys know for sure tomorrow, but it it looks like that's probably gonna happen. Anyways, uh have a great rest of your night, guys, and don't do anything dumb. If I don't see you tomorrow or the weekend, have a great holiday weekend. Also, don't do anything dumb. Be safe. Just have fun.

[00:59:46]You can have fun without doing dumb stuff like stealing stop signs. Yeah.

[00:59:50]All right. Have a great rest of your night. Um, thank you to JP Jazz for the membership milestone. Appreciate it.

[00:59:56]Mods, as always, thank you for all your hard work. And hold on a second. I gota I got to shout someone out real quick.

[01:00:05]Sandy, I say hi to you almost every night, but there's your shout out. Hi.

[01:00:10]All right, you guys have a great rest of your night. Okay, bye.

[01:00:13]>> Check in with Miss Clara right here and there's an information. Okay.

[01:00:17]>> Yes.

[01:00:19]Uh the >> Yes, here you are.