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Pre-sentencing

Interview with Tim, Sherri and Brett

JM: Tell us about the pre-sentencing process:
Tim: In March of 2008, I stole beer from a convince store in Amarillo, Texas. The store clerks chased after me and grabbed my arm. I did not use any violence when I got away. They got the licence plate of the car and reported it, and I was arrested shortly. I wasn't read my rights, and they didn't specify the crime. I was released within a week on a three year probation sentence, however the court failed to tell me that this was a FELONY probation for ROBBERY, not the misdemeanor theft I thought it was, so I accepted the probation. About a year later, I tested positive for marijuana, and immediatly arrested at the office, sent to Potter County once again, and this time probation was extended for an additional two years and I was sentenced to a 9 month rehab program. I left the program because I felt that I was not a drug addict, and I spend five months too afraid to check in to probation, and was eventually arrested at my residence. I was taken back to Potter County and spent two months there, and was taken to Lubbock County Jail (the county the rehab was in) and spent almost six months there before being sent to prison for a five year sentence. I did most of that time at the Smith Unit in LaMesa, TX, where after three years I was paroled in January 2013. I still am serving parole for the crime committed in 2008, that very well should have been misdemeanor theft.
Sherri: They put me into holding and then took me out to do prints. Then out me back in no phone call was allowed until an officer I knew came in. Then I was allowed my call. After that I was escorted by a sergeant and guard to my new home.
Brett: It was ok they ask about my health and any special needs health and mental health wise it took about 2 days before I went to general population the holding cell were you stay until you go to general population was the worst I've ever seen it was like two different jail

JM: Did you have police stop by your house for questioning? If not please give us details on how you came to be arrested.
Tim: The first time, the police came by the place I was staying, and a paranoid person closed the door on them when they arrived since we were using marijuana . They kicked the door in, pointed a gun to my face, slapped me in the face with the gun, and arrested me. The second time I was arrested at the probation office, and the third at my home.
Sherri: Not at all they arrested me at lowes in the parking lot right after it all happened. I was set up for knowing to much I am now an ex-police officer bc of all this. I knew to much that could put the sheriff and a few deputies in danger of jobs.
Brett: I was at my house and my spouse and I had got in a fight I was arrested for domestic violence she dropped charges but they seen me at my house and arrested me for violation of a protective order I didn't know I had said I couldn't be at my place of resident

JM: What was court like? Please give as many details as you recall.
Tim: The court appointed attourney did not do anything to help me. First of all, I have been treated by MHMR (Mental Health Mental Retardation) since I was 14, and a counselor was supposed to be there for me. They sentenced me to probation, but did not make it clear that I had any say-so in that, and did not make it clear to me that the probation was an OFFER, and I probably could have walked away with a slap on the wrist and a fine. On the probation violations, I also had no choice but to accept what they gave me.
Sherri: No court at potter county jail. I was at Randall county when I had court and sentencing I was only in potter county detention center for a short time and only for protective custody reasons. I was assaulted at Randall county jail. And the captain moved me to be safe.
Brett: I was held for about a month then released no court I seen the judge first thing the morning after the arrest and plead innocent of course it was nerve wrecking because I hadn't had a shower or sleep any that nite the jail was a nice jail just over populated extremely bad

JM: What were your original charges? What did you end up being convicted of?
Tim: As I said, the charge was not explained when I was arrested. They convicted me or robbery, instead of theft.
Sherri: Criminal solicitation of arson and burg of habitation
Brett: Domestic violence and violation of a protective order

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