- 1 day ago
Category
📺
TVTranscript
00:15Hi, everyone. I'm Dan Abrams, and this is Court Day.
00:19You should be ashamed of yourself.
00:22I'm going to boot off my cane.
00:23Let's go.
00:24You got to run.
00:29This is not TV court. This is for real.
00:40First up, we head to Phoenix, Arizona for a sentencing.
00:46Fifty-four-year-old Gabriel Horkasitas has been convicted of manslaughter.
00:52Four years earlier, police say Horkasitas was driving in his car when he got into an altercation with 37-year
00:59-old Christopher Pelkey,
01:00who was in a truck directly in front of Horkasitas.
01:04At a red light, Horkasitas began honking his horn at Christopher, who exited his vehicle and walked back towards the
01:12defendant's car.
01:12That's when Horkasitas took out a pistol and fired two shots, hitting Christopher once in the chest.
01:21Paramedics arrived, but Christopher died at the scene.
01:26Horkasitas was arrested and charged.
01:28He pled guilty to endangerment, but not guilty to manslaughter.
01:33And the case went to trial, where Horkasitas claimed he acted out of fear for his safety.
01:39But it took the jury just over an hour to return with its verdict.
01:43Guilty.
01:46Today, Horkasitas appears before Judge Todd Lang to hear his sentence.
01:51He's facing anywhere from seven to ten and a half years in prison.
01:55But first, several members of Christopher's family deliver victim impact statements, including his older sister, Stacy Wales.
02:04This murder has in every way gutted our family.
02:08He didn't just murder Chris.
02:10He killed a piece of every one of us.
02:14I'm asking that Gabriel Horkasitas be sentenced to ten and a half years, the maximum sentence.
02:21I also ask that your honor see Chris as the individual man he was.
02:26What would Chris have thought about all of this?
02:30The victim's sister then shows a video of an AI-generated victim impact statement from her late brother, which she
02:39wrote.
02:40Hello.
02:41Just to be clear for everyone seeing this, I am a version of Chris Pelkey recreated through AI that uses
02:47my picture and my voice profile to Gabriel Horkasitas, the man who shot me.
02:56It is a shame we encountered each other that day in those circumstances.
03:00In another life, we probably could have been friends.
03:05I believe in forgiveness and in God who forgives.
03:08I always have.
03:11And I still do.
03:15Before the judge imposes sentence, Horkasitas delivers his own statement to the court.
03:21The events that transpired that day are undoubtedly the most frightening and regrettable five seconds of my life.
03:29I am deeply saddened and apologetic to those who have been hurt.
03:33Regardless of my sentence, I assure you that I will use my time to benefit others around me and I
03:38will do good things.
03:40When he's finished, Judge Lang speaks directly to the victim's family.
03:45I love that AI. Thank you for that.
03:49And as justifiably angry as the family is.
03:52I heard the forgiveness.
03:54I feel that that was genuine.
03:56But it also says something about the family.
03:59Because you told me how angry you were.
04:01And you demanded the maximum sentence.
04:05And even though that's what you wanted, you allowed Chris to speak from his heart as you saw it.
04:15The judge imposed the maximum sentence.
04:18Ten and a half years in prison.
04:20Horkasitas will be eligible for parole after nine years.
04:24And he'll be 63 years old.
04:32Next, we're in Olympia, Washington, for a hearing.
04:3756-year-old J.D. Messner and 65-year-old Julie Davidson have applied for anti-harassment orders against each
04:45other.
04:46Two months earlier, Messner, who manages the Whispering Woods Mobile Home Park,
04:52got into an altercation with Davidson, who lives on the property.
04:56Messner says Davidson threw some items at him and grabbed his body camera,
05:01which he's required to wear for work.
05:03Davidson admits she knocked some stuff off of Messner's desk, but denies touching it.
05:10Today, both parties appear without attorneys before Court Commissioner Paul Wall,
05:16because Messner's previous protection order issued against Davidson, is about to expire.
05:22All right, Mr. Messner, I'm going to let you go first.
05:25He was the original petitioner.
05:27And then after that, Ms. Davidson, I'll hear from you.
05:29Okay, Mr. Messner?
05:31Okay.
05:32Ms. Davidson had come into my office to talk about the inspection that I did about two months ago now.
05:40I had a body camera that my management company requires me to wear when I'm out on the property.
05:46I reached over and turned it on.
05:48And when I did, she snapped and went ballistic.
05:56And she made the threat.
05:57She goes, remember, I have a gun and I know how to use it.
06:02I don't have a gun to my name.
06:05My children stole all my guns.
06:07They're gone.
06:09The only thing I have is pepper spray.
06:10I've lived at the Whispering Woods trailer park for about 15, 16 months.
06:17J.D. Messner and I became instant friends.
06:20The next thing I know, we're going out to dinner.
06:23That's how well we hit it off.
06:26And then we tried to have consensual sex.
06:30That didn't work over this apartment because, well, never mind.
06:36He couldn't perform.
06:41But I really liked him and I want to apologize to you personally.
06:47I just want you and I to get along and work together.
06:52But your nuts are tied for management.
06:55Now, Ms. Davidson, let's take a breath.
06:57I'm sorry.
06:58I'm sorry.
06:59Everybody take a breath.
07:01I just want things to work out.
07:03No, it sounds to me like you don't really want an order against Mr. Messner.
07:07I don't.
07:10Okay.
07:11And I don't think I deserve one against me either.
07:14We have to live 50 feet across from each other.
07:18It sounds to me like Ms. Davidson doesn't want that order she applied for,
07:22so I'll just allow her to withdraw that.
07:25Okay, Your Honor.
07:28After Davidson's order is withdrawn, the commissioner moves on to Messner's request.
07:34You know, this comes down to whether Mr. Messner has proved to me by a requirement to be evidence that
07:39there's been this course of conduct done by you, Ms. Davidson.
07:43I'm concerned that there's a lack of proof.
07:47The evidence is not strong enough on that.
07:50So, Ms. Davidson, what that means is I'm not going to issue an order against as Mr. Messner has requested.
07:59And with that, the hearing comes to an end.
08:02Before leaving, Davidson approaches the bench to retrieve some paperwork.
08:07Thank you, James.
08:08You're welcome.
08:09Can I have a hand shake?
08:10That's okay, ma'am.
08:12Yeah.
08:12I appreciate the sentiment, but...
08:14I appreciate you.
08:16I appreciate you.
08:18Okay.
08:21Both petitions were dismissed, and the case is now closed.
08:28Next, we head to Gaylord, Michigan, for a probation violation hearing.
08:3331-year-old Dawn Crowe has pled guilty to retail fraud.
08:38A year earlier, Crowe was arrested for shoplifting an item from a sex shop.
08:44She pled guilty and was sentenced to six months probation with several conditions,
08:49including that she complete volunteer services through a county work camp,
08:53attend a retail fraud class, and undergo regular drug testing.
08:58But when she failed to comply with those conditions, she was ordered back to court.
09:04Today, she appears remotely before Judge Kevin Hesselink to find out if her probation
09:09will be revoked and if she'll be sent to jail.
09:12Also at the hearing is Crowe's probation officer, Natasha Hill.
09:17The allegation made against you is that you are non-compliant with your probation.
09:20How do you want to resolve this matter?
09:23I would like to extend my probation just because I did move downstate.
09:27I do have a job, so I'm trying to pay everything off.
09:31The reason why I have not been able to test is because it's $45 every time I test.
09:37And I owe the testing facilities almost $120.
09:41I'm not made of money.
09:43I do not have the money to test.
09:45But why am I being drug tested when there's no substance issue with my case whatsoever?
09:51What kind of a store did you go into to steal from?
09:54It was a sex shop, and I stole fuzzy handcuffs.
09:59It says the fantasy's smoke shop.
10:02It was a sex store, Your Honor.
10:05The smoke shop is a porn store.
10:08I wasn't the one who sentenced you.
10:10All I can tell you is the judge did put it in place, and you've not been doing it.
10:14Your Honor, I admit I smoke marijuana for my autism.
10:18So what doctor prescribed marijuana for autism?
10:23It's not prescribed.
10:24It's recreational.
10:26It's the only thing that helps.
10:28How do you know that?
10:30When I take two hits, I can finally feel normal.
10:33Now, you can feel stone is what you can feel.
10:37Your Honor, it's not like that.
10:39It's recreational for me.
10:40Do you understand what recreational means?
10:43It's because I don't have a medical card.
10:45That's why it's recreational.
10:46I've never heard of marijuana being used for autism.
10:49It's $275 to go get a medical card.
10:52I don't have that kind of money.
10:53If you stopped smoking marijuana, you'd have money to do your drug testing.
10:57I'm not going to stop smoking.
10:58I'm sorry.
10:59It's not going to happen.
11:02Your Honor, with your attitude in court, I'd be willing to change my recommendation to 10 days jail and discharger.
11:08Why?
11:09I don't have an attitude.
11:11I'm down here working.
11:12I have a job.
11:13I have to go to work for tomorrow.
11:15You don't have an attitude?
11:16I can't lose my job.
11:18Oh, man.
11:21Want to know why the judge originally, on my view, said you had to be drug tested?
11:25It's because the only thing that you're fired up about in life is your marijuana.
11:30No, it's not, Your Honor.
11:32That is a bull-faced lie.
11:34Judge Hesselink appears to have run out of patience and tries to wrap things up.
11:38So, Ms. Crowe, do you want to do all of your probation requirements or do you want to do 10
11:42days in jail and be done?
11:44I will do all my probation requirements.
11:46I'm not going to jail.
11:47I'm going to adjourn today's hearing for three months.
11:51You must do everything or we're going to have a problem.
11:54You understand?
11:55Yes, sir.
11:56All right.
11:57Talk to you in three months.
12:01Three months later, after Crowe failed to complete any of her probation requirements, the judge sentenced her to 10 days
12:09in jail.
12:12Next, we go to Painesville, Ohio, for a probation violation hearing.
12:1840-year-old John Schultz has pled guilty to making false alarms.
12:2514 months earlier, Schultz was arrested after calling in a fake bomb threat.
12:30He pled guilty and was sentenced to five years probation with the condition he abstained from drugs and alcohol.
12:38But when he tested positive on two occasions, first for marijuana, then for cocaine, a warrant was issued for his
12:45arrest.
12:46Today, he appears in restraints before Judge John O'Donnell to hear if he'll be sent to jail.
12:52Schultz is represented by attorney Conchetta Ragazion.
12:57So, Your Honor, I did speak with Mr. Schultz regarding the probation violations regarding the marijuana charge.
13:04He does believe that it was legal at the time that he used it.
13:09What does that have to do with the terms of probation where no drugs or alcohol?
13:13Yeah.
13:14I looked it up and it's not illegal.
13:16So, according to my probation that I signed, it said no illegal drugs, no alcohol.
13:22I told you no drugs or alcohol.
13:24Okay.
13:25So, marijuana is like coffee or tobacco.
13:28And marijuana is a drug.
13:30So is nicotine and so is coffee.
13:32Do you want to have a hearing?
13:35I mean, not really.
13:37Before moving on to the sentencing, Jojo Donald asked the defendant about his positive drug tests.
13:43I moved in with a drug addict.
13:45I didn't even know that.
13:46And I found a place, I thought it was sweet, and then I had a guy three weeks into it
13:53turn out to be a drug addict.
13:54Okay.
13:55Then what are you doing?
13:56I ended up getting high with them.
13:57Okay.
13:57Why?
13:58Because I'm a drug addict.
14:00And you can't hang a steak in front of a pit bull.
14:05If you're a drug addict, why are you using marijuana?
14:07Why use the marijuana?
14:09Because it helps the PTSD.
14:10It helps me sleep.
14:11So then why are you using the cocaine?
14:13The cocaine?
14:14It made me feel great.
14:18So we're not going to solve this problem?
14:20I don't think there is a problem to solve.
14:22Then why are you getting high?
14:24Why?
14:25Because I have PTSD, and if you look it up, it's part of the frickin' process.
14:31PTSD comes with drug addiction.
14:33So this is never going to be solved?
14:35No, I'm a drug addict.
14:41Don't tell me it can't be done.
14:44How about you let me live with my mother, smoke a little medical marijuana, and go to treatment?
14:48No.
14:49Why?
14:50Why not?
14:52Because?
14:52Because medical marijuana is the solution to the problem I have.
14:57Okay.
14:57And you would never see me again in this court.
15:00If you let me go out here, live with my mom.
15:02I'm seeing you now.
15:03I'm 40 years old.
15:06If marijuana were the cure to your ill, why did you use cocaine after you used the marijuana?
15:13Because the guy walked in my room with the damn pipe.
15:16By now, the judge seems to have heard enough.
15:20So would you like me to sentence him right now, or would you like me to come back?
15:24I think we should come back.
15:25I do.
15:26I mean, he wants to argue about it.
15:29You're the one arguing.
15:30I would ask that.
15:32No, just sentence me.
15:33You know why?
15:33Because we'll be done with this .
15:36It doesn't matter.
15:37I'm done.
15:38Judge O'Donnell adjourned the hearing, and a week later sentenced Schultz to 132 days in jail, with credit for 72
15:47days time served.
15:49Upon his release, Schultz was required to continue his probation with the same conditions, which he must serve for another
15:57three years.
16:01Next, we go to Panama City, Florida, for a pretrial hearing.
16:0733-year-old Devante McCoy has been charged with fleeing or attempting to elude law enforcement, reckless driving, improper license
16:15plate, and no vehicle registration.
16:19A year earlier, police say McCoy was driving a car with plates that were not registered to the vehicle.
16:26And as they attempted to pull him over, McCoy fled the scene.
16:31But officers caught up with him later that night, where he was arrested and charged.
16:38McCoy was released on $26,501 bond.
16:43But after he missed a court appearance, a warrant was issued, and he was taken into custody.
16:49Today, he appears before Judge Brantley Clark to discuss next steps in the case.
16:55The state prosecutor is Frank Sullivan.
16:58McCoy has chosen to represent himself.
17:02McCoy is before the court pro se.
17:04Mr. McCoy, you understand, at any point in time, you can ask an attorney to be appointed to represent you.
17:09One will be appointed to represent you.
17:10No charge.
17:11You understand?
17:12Yes, sir.
17:13All right.
17:14Mr. McCoy?
17:15I was coming to address a couple of motions that I have filed that I was requesting over this year
17:19period.
17:20Okay.
17:21The video from the SEPTO gas station that doesn't exist.
17:24The body cam from the FHP and the body cam from the A County SID.
17:29It seems McCoy believes there's video evidence that could help his case, including security footage from a nearby gas station
17:38and body cam video belonging to law enforcement.
17:41The state claims they've already shared any existing evidence with the defendant.
17:46Judge, we've had this here five times already.
17:49Okay, I understand that.
17:50I'm just addressing that, Mr. Frank Sullivan, because without this evidence, that's prejudiced me and prepared for my trial.
17:55Okay, what evidence don't you have?
17:56The video from the SEPCO gas station.
17:58Okay, that, I've already ruled on that.
18:00As far as the record, and it's, and not as part of the record, okay?
18:05I'm gonna deny that motion.
18:08I can't proceed and have a fair trial without this evidence.
18:10Judge, all the video in this case has been provided.
18:14No.
18:14Listen, listen.
18:16Mr. McCoy requested the SID body cams.
18:19We reached out to SID.
18:21They did not have body cams at that time.
18:23We asked for any dash cams that were potentially used.
18:25There were undercover vehicles.
18:26There were no dash cams for the Bay County Sheriff's Office.
18:29All the video that was involved in this case has been provided to Mr. McCoy.
18:33Motion denied.
18:35Anything else, Mr. McCoy?
19:19Mr. McCoy?
19:23Mr. McCoy?
19:26You're getting real close to not being able to represent yourself because you can't do it
19:30confidently.
19:31That's enough.
19:34Mr. McCoy, bring it back.
19:37McCoy is brought back before the judge.
19:41I don't want you to say a word.
19:43I am gonna tell you.
19:44Any more outbursts last night, you will not be able to represent yourself again.
19:47You understand?
19:52Take him out.
19:53You can try to defend myself.
19:54All right.
19:55Mr. McCoy, I'm appointing the Office of Public Defender to represent you.
19:58I'm gonna find that you are not confident to represent yourself, believe it or not, October 6th.
20:03I'll treat you like that.
20:06Three weeks later, McCoy pled no contest to fleeing or attempting to elude law enforcement.
20:12He was sentenced to six and a half years in prison with credit for 235 days time served.
20:20That's it for this edition of Court Cam.
20:23I'm Dan Abrams.
20:24Thanks for watching.