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00:00There was an argument.
00:02She started cussing me out.
00:03She picks up the lamp, and she hits me with it three times.
00:07You had a relatively serious injury.
00:09Yeah.
00:10I was shocked.
00:11I was like, why am I getting a protective order served on me?
00:13He tried to sever my leg.
00:15When I hit him, I did hit him, but I hit him in self-defense.
00:17Now you pled guilty.
00:18That's not what happened.
00:20That's either a yes or a no.
00:22This is Judy Justice.
01:00Case 4043, Pallador v. Purcell.
01:03You're welcome.
01:04Mr. Pallador, you and Ms. Purcell know each other for a very long time.
01:08You were romantically involved at some point, and you have a child together.
01:13How old is that child?
01:14Four now, I believe.
01:15No, she hasn't even turned three yet, Your Honor.
01:19Were you and Ms. Purcell living together at the time she was born?
01:23Yes, ma'am.
01:24How long did you live together after she was born?
01:27It was off and on all the time, but it wasn't long.
01:29So as soon as I found out I had a case on me, I ended up leaving.
01:34What do you mean a case on you?
01:35What kind of case on you?
01:37Aggravated assault case on me.
01:38What we're here for today.
01:39Yes, ma'am.
01:40Okay, so at the time that this incident occurred, which was in 2022, were you living together, sir?
01:48Yeah.
01:49Where were you living?
01:50Her residence.
01:51That is not true, Your Honor.
01:53Well, that sounds sort of peculiar, sir, because according to your complaint, you were driving her home.
02:00In any event, this is what your case is about.
02:02In 2022, there was an argument, and I gather that the argument ensued because you had gotten a babysitter for
02:10your daughter.
02:11Correct.
02:11And you didn't approve of this babysitter, so you were having a discussion with her about the babysitter.
02:18I wasn't necessarily objecting to the babysitter.
02:22I had my concerns about it.
02:23I never once said my baby couldn't go there.
02:25I just said, hey, I kind of had these concerns.
02:28And that's how the incident arose is because I brought my concerns to her right here.
02:32And you're back at her residence.
02:34Um, no, the argument started in the car.
02:37She tried to throw my insulin out the window.
02:39It was in the middle console.
02:40There was nothing I could really do.
02:42She didn't end up throwing it out the window.
02:44I just let her know I'll get more.
02:46We made it back to the house.
02:47She slams the door.
02:49She walks in.
02:50I'm behind her.
02:51You know, I had to park the car.
02:52She's yelling at me, cussing at me.
02:54And I'm like, I'm shocked because, like, why would you be mad that I'm wondering about the care of my
02:59daughter?
03:00Like, I never even said she couldn't go there.
03:01I was just more interested in the situation.
03:03She started cussing me out.
03:05She goes to leave.
03:06Goes to leave?
03:07Like, she goes to walk out.
03:09Out of the bedroom?
03:10Out of the bedroom.
03:11I start laughing at her because it's hilarious.
03:13I mean, I bust up laughing at her because it's ridiculous.
03:15That just set her off.
03:16Where were you when you were laughing?
03:18I'm leaning on the bed, like, halfway on the bed.
03:21And my feet are on, like, the rest board.
03:25And the nightstand, right there, is located a lamp.
03:29She picks up the lamp, and she hits me with it three times.
03:32I get up.
03:33I wrap my arms around her to stop her from assaulting me with the lamp.
03:38I let her go.
03:39When she dropped the lamp, I got back on the bed.
03:41She tried to swing at me, so I put my feet out.
03:44And she couldn't get to me.
03:46She picks up a porcelain cup.
03:48I'm like, no, don't do it.
03:50She threw it.
03:51I heard a pop, felt numbness.
03:53My leg, I looked down.
03:54My leg was bleeding.
03:55She grabbed her stethoscope and left.
03:58I called a friend.
03:59And he took me to the hospital.
04:01I'd like to see the hospital record, if you ever.
04:03Oh, yeah.
04:05And this was on the 4th?
04:07Yeah.
04:08Okay.
04:08Did you speak to any police on the 4th?
04:11No, not on the 4th.
04:12I didn't.
04:14Okay.
04:14I didn't call her.
04:15Just a second.
04:25Okay.
04:26So now you're at the hospital.
04:27You received sutures.
04:29I've read the hospital record.
04:30It indicates that you had a relatively serious injury.
04:33Yes, ma'am.
04:34Does indicate that you have type 1 diabetes.
04:37Yes, ma'am.
04:38And you did not file charges against her.
04:41No.
04:42Is that correct?
04:43Yeah, yeah.
04:44Okay.
04:44But there were charges that were filed against you.
04:48100%.
04:48Okay.
04:49Now, why don't you tell me your version of now we're in the bedroom.
04:53So now we're in the bedroom and I'm trying to grab my stethoscope so I could go to work.
04:59And I'm on my way trying to go out the door.
05:02And he was blocking it, telling me that he wanted to take my car and drop me off.
05:06And he was going to go pick up our daughter from the babysitter because he didn't like the babysitter.
05:10So we were fighting about that.
05:11And he said he wanted to go pick her up.
05:13And I told him he's not going to pick her up and he's not going to take my car.
05:16And he was blocking the doorway so I tried to push past him.
05:20How did you try to do that?
05:21Because he had his arms blocking it.
05:24So I tried to go in between and it didn't work.
05:28And he had pushed me and thrown me on the bed and he was choking me.
05:30And how did he do that?
05:31How did he push you on the bed and choke you?
05:33So when he pushed me back I kind of like just stumbled and then he, I don't know, he grabbed
05:39me and threw me on the bed.
05:40I really don't recall how it happened.
05:41He was just on top of me on the bed and he was choking me.
05:44And I was trying to get him off and I believe I need him at some point.
05:48He had gotten off of me after choking me.
05:50And I got up to run out the door and he got up to chase after me.
05:53And so I grabbed the porcelain cup that was on the nightstand and on my way out I threw it
05:57behind me at him.
05:57And then I went and got in the car and I went to work.
06:00What time of the day was this?
06:02I want to say around 4 p.m.ish, 5 p.m.
06:05Okay. And you went to work?
06:07Correct.
06:07And you work an eight-hour shift?
06:09That time, yes.
06:11And then you went home?
06:12I picked up the baby and then I went home, yes.
06:14What time did you pick up the baby?
06:16I think it was about 11 through midnight.
06:18And you went home?
06:19Yes.
06:20He was not there?
06:21No, he was not there.
06:22Okay.
06:25I didn't lock my door.
06:26He had walked in and I was doing the dishes and the baby was sitting there.
06:30And I told him, 10 minutes, but you've got to go.
06:32Well, then he grabbed some alcohol off my counter and started drinking it.
06:36He didn't want to leave and we got into an altercation at that time.
06:39And he poured beer on our infant daughter.
06:42And that is the one that he pled guilty to.
06:53Marcus Polidor claims his ex-girlfriend, Kyla Purcell, owes for medical bills from an assault.
07:00Kyla is countersuing for lost wages and emotional distress.
07:06Now, what happened the next day?
07:08The next day I worked again and the cops had come to me.
07:12Just a second.
07:13Cops don't come to you unless somehow they're notified.
07:15Well, this wasn't the next day.
07:17So the day I went to work, before coming home, I had gone online and filed for an emergency protective
07:22order.
07:23Just a second.
07:24You mean on the 4th?
07:26Yes, on the 4th, my first day back at work.
07:28So I had texted him while at work and told him, make sure you're not at my house when I
07:32get there.
07:33And he had said, well, I get mail here, so that means I live here.
07:37You're going to have to evict me.
07:39Okay, so do you have those texts?
07:41Unfortunately, I do not have those texts.
07:42Do you have those texts?
07:43No.
07:44Do they exist?
07:45I don't know.
07:46I don't even know what she's talking about.
07:47Okay.
07:48Well, if you don't have those texts, they don't exist.
07:50And then from that point, so then I went online and I filed for an emergency protective order, which was
07:56granted.
07:56Just a second.
07:57Can I have a copy of what you filed online?
08:01This is the one I filed on the 4th, but they had granted me a wrong one on accident.
08:05They granted me, I believe, um...
08:09Just a second.
08:10She actually had me serve with two of them.
08:13Just a second.
08:14I'm trying to see what you indicate here that he did specifically.
08:19In Utah, you don't have to write a narrative of what he did.
08:23Um, there was...
08:25Just a second.
08:26Just answer my question.
08:27That's a yes or a no.
08:28It's not here.
08:29I do have the police report from that night, um, from April 4th.
08:32I'd like to take a look at it.
08:44No, this is something that was done by the police on April 6th.
08:49Can I explain that, Your Honor?
08:50Shh!
08:51It's dispatched to a domestic violence incident that occurred on Monday, April 4th.
08:55The victim, that's Marcus Polador, stated his girlfriend was so upset with him, hit him in his leg with a
09:02porcelain cup.
09:02Okay, so she has pictures and she apologizes.
09:06There were text messages that the police saw that she's sorry for hitting him with the mug,
09:11but also state she would not have done that if he didn't choke her.
09:15Okay, so you were notified that she had filed a protective order online.
09:20Yeah.
09:20Not yeah.
09:21That's a yes.
09:22And after you were notified that she filed a protective order online, you spoke to the police.
09:28Yeah, well, that's who she sent to the house to serve me.
09:30So when they came to the house, I was shocked.
09:33I was like, why am I getting a protective order served on me?
09:35She tried to sever my leg.
09:37Okay, now I'm going to see the photographs of your leg, sir.
09:40Yes, ma'am.
09:41And I'm going to see photographs of your neck.
09:55Can you tell me when these pictures were taken because you attached?
09:59Attached?
09:59That's what she sent to the police.
10:01That's right out of my discovery from when they charged me.
10:03No, no, no.
10:03Is this?
10:04Can I see the pictures?
10:06Pictures?
10:07This.
10:07That's what the police gave me out of my discovery.
10:10That whole two years I fought this case, that's the evidence they had on me.
10:14Okay.
10:15Now, these are your photographs that you're showing me?
10:18Yes.
10:18You want to make a circle where you say his handprints are?
10:23I'm sorry?
10:24You want to make a circle where you want me to see his handprints are?
10:31And maybe you have better photographs.
10:33I do.
10:33They're here.
10:34Well, I'd like to take a look at them because those don't show me anything.
10:50I mean, this spot right here?
10:53That was...
10:53Is that what you're talking about?
10:54That was just a scratch on the other side from his fingernail.
10:56On the top one left, you can see some fingerprints.
11:05Okay.
11:05Now, what happened in January of 2024?
11:09So, the charges were dismissed.
11:11I fought that case for two years.
11:13He took a plea, Darrell, Your Honor.
11:14Shh!
11:15What happened to the case that you fought for two years?
11:18Oh, it dismissed with prejudice.
11:19I'd like to see.
11:21Yeah.
11:21Yes, ma'am.
11:24I have them here if you'd like.
11:26I have copies.
11:26I would.
11:27Oh.
11:31Shows that he was...
11:32They were dropped in part of a...
11:34Shh!
11:34I can't hear you when I'm reading.
11:42This is interesting.
11:43Sir, you took a plea in January of 2024
11:48to violating the temporary protection order.
11:52Yes, ma'am.
11:52Not necessarily.
11:53Okay.
11:54And what did that violation allege?
11:58That I went to the house?
11:59Just that you went to the house?
12:01That's what a protective order is?
12:02No.
12:03Just that you went to the house is my question.
12:06That's what I pled to.
12:07I mean, that's contact word.
12:09That's what I pled to.
12:09I have the police report for that violation as well.
12:12I'd like to see it.
12:15I've got the police report for both violations.
12:17You want just the first one that we're talking about?
12:18I'd like to see both.
12:19Okay.
12:20Both violations?
12:21What's she talking about?
12:22And then I also have four more copies of protective orders as well.
12:25No, I don't need those.
12:26Not right now.
12:30Okay.
12:31This occurred in October of 2022 on her complaint that you had gone to pick up your daughter from
12:37friends and failing to return her.
12:40That's what this was about.
12:42That's not what happened.
12:43I'm just telling you what the complaint was.
12:45I ain't never got no paper like that, though.
12:48I ain't never got charged with that.
12:50Polo was screened on count one of the violation of the protective order for his action of calling
12:56Purcell.
12:57I never got.
12:58That's a lie.
12:59Calling Purcell as opposed to only contacting her by text message.
13:04Nah, that ain't true.
13:05As ordered and served in the protective order.
13:07That ain't true.
13:09I'm just trying to figure out what you pled guilty to.
13:11I told you.
13:13What?
13:14Violation of the protective order.
13:15By what conduct?
13:16She invited me to the house.
13:18I went to the house.
13:19On what date?
13:19That was October.
13:21I went to, no, was it November?
13:23I went to jail that night.
13:24It would be the police report that's highlighted in blue.
13:26He's giving you all kind of stuff.
13:27I ain't never even seen that in my life.
13:29Never even heard this.
13:30I'm sorry.
13:30The green highlighted police report is what he's speaking of right now.
13:33The one that you have in your hand, it's got the green tag.
13:35It's all he wrote, man.
13:37Shh.
13:40So she has permanent protective order.
13:43That looks like it expires in the year 3000.
13:47I hope you're here when it expires.
13:49Ah, me too.
13:50So now you pled guilty.
13:52Yes, I did take a plea deal, but they didn't have evidence on me in the first place.
13:57It's like she, there's nothing on this young lady.
13:59There ain't nothing on her.
14:09Marcus Polidor has accused his ex-girlfriend, Kyla Purcell, of injuring his leg during an assault.
14:17Kyla is countersuing for lost wages and emotional distress, claiming Marcus assaulted her.
14:24Now, I want to know what he pled guilty to.
14:27He had texted me, said he was out of money, and asked if there was any insulin in my fridge
14:31that he could come and get.
14:32And I put it on the porch, sent him a picture of it, and said, come get it off the
14:35porch and go, because I had a protective order.
14:37And I didn't lock my door.
14:39I wasn't really good at locking my door.
14:40And he had walked in, and I was doing the dishes, and the baby was sitting there.
14:43And I told him, like, she, like, did the little baby bounce, like she was happy to see him.
14:47So I said, okay, 10 minutes, but you've got to go.
14:50Well, then he grabbed some alcohol off my counter and started drinking it.
14:54He didn't want to leave, and we got into an altercation at that time.
14:57And he poured beer on our infant daughter.
15:00And that is the one that he pled guilty to, that violent protective order.
15:04Okay, so in January of 2024, I am correct, sir, that you went to court and resolved all of these
15:13outstanding protective orders
15:15by you taking a plea to violating the temporary protection order,
15:19and all the other charges were dismissed with prejudice, and she was granted a permanent protective order.
15:26Yeah, and I was glad to sign it, too.
15:28Shh, that's either a yes or a no.
15:30Yes.
15:31Okay, so you had a permanent protective order.
15:34Um, and it also...
15:35May I?
15:35You want to see it?
15:37Yes.
15:37And also, I've highlighted it, and it sounds like he's supposed to pay me restitution.
15:41I just want to see it, please.
15:45Read it.
15:52Okay.
15:53So she has a permanent protective order that looks like it expires in the year 3000.
16:00Yeah, yes.
16:01I hope you're here when it expires.
16:03Ah, me too.
16:05So, now you pled guilty.
16:07Yes, I did take a plea deal, but they didn't have evidence on me in the first place.
16:12Like, she...
16:13There's nothing on this young lady.
16:15There ain't nothing on her.
16:16Well, you had an absolute opportunity at the time when the judge was hearing all of these matters that had
16:22been pending for two years...
16:24Yes, ma'am.
16:24...to say, I did violate the temporary order of protection.
16:29I'm prepared to take a plea to that, but I want a trial on the original request for an order
16:36of protection.
16:37On the original request?
16:38Like, that had nothing to do with this case, and I'm just going to say it like this.
16:42Why would I take that to trial when I fought that for two years?
16:46They didn't have any evidence on me in the first place.
16:48I don't know why, sir.
16:49And it got dismissed.
16:49It got dismissed.
16:50I don't know why.
16:51Why would I keep messing with my wife?
16:52You want to tell me what your counterclaim is?
16:55Yes, so there is a loss of wages, which I...
16:59For what?
17:00There were five court appearances that I had to go to that I missed work for.
17:04Who cares?
17:05And then the other is the $2,000 is for my assault for when he assaulted me, because when I
17:11hit him, I did hit him, but I hit him in self-defense because he was assaulting me.
17:14I don't understand.
17:15So you want your loss of wages, which you're not getting.
17:17Okay.
17:17You didn't go to a doctor, hospital, anything else for these marks that I can hardly see in your photographs.
17:23Correct.
17:24Okay?
17:24And you went to work, so you didn't miss a day of work, even the day after the incident.
17:28Yeah, so the work that I missed was for courts.
17:31I don't care.
17:32Okay.
17:33What else?
17:34That's it.
17:35Do you see your daughter regularly?
17:37No.
17:38I...
17:38Shh!
17:40The protective order says that you can see your daughter...
17:43Yes, ma'am.
17:44...if you contact her mother.
17:45Yes, ma'am, and I've reached out to her mama.
17:47She ain't never got back to me.
17:48So, no, there's only one thing to do now, and as soon as I leave here, please believe I'm going
17:52to do it.
17:53Yep, it's coming.
17:54It's coming.
17:55I'm about to file for visitation.
17:56I ain't seen my daughter in two years.
17:57Well, that's a very, very good idea, Mr. Polidori.
17:59Why?
17:59That's a very good idea that you file for visitation.
18:02It would have been my first stop, not in civil court, but my first stop was to file to see
18:09my daughter.
18:09Can I say something?
18:10Not file for what?
18:11Um, well, I've got to get my life right.
18:13I can't, like, after all this, I've had to rebuild everything.
18:16I lost my job.
18:18A whole bunch of stuff happened behind this, so I have to rebuild my life.
18:21I am working right now, yes.
18:23And, of course, I'm going to go file for visitation with my daughter, but I had to get my stuff
18:27right.
18:27I can't go on my baby's life just broke down.
18:29Come on, man.
18:30I ain't going to do that.
18:31Now I'm in a position to where I can go do it, because this is bogus.
18:35This is so bogus.
18:36So then you should go to family court.
18:37100%.
18:38And get it straight.
18:39Yep.
18:39This is not the court for you to get it straight.
18:41I can't do that for you.
18:42I'm not asking you to.
18:43I'm asking you to give me the money she owed me.
18:45She doesn't owe you any money.
18:46She don't owe me money for busting my leg like that?
18:49What I said to you is you had an opportunity to question whether or not this act was in self
18:56-defense,
18:56which she says it was, for this choking.
19:00I don't know if that happened, but you had an absolute opportunity when you were before a court
19:07to say, I did not do that, and I want a trial on that with a lawyer.
19:14I fought that case for two years.
19:16That being on my mind.
19:17We're done.
19:18I've explained it as best as I can.
19:20Your counterclaim is dismissed, as is your claim, sir.
19:23I suggest your next stop is family court.
19:25This court is adjourned.
19:29If I actually did it, I would have just not fought it for that long.
19:32I fought it for two years.
19:33It was wearing on my life, and now all of a sudden I don't get paid for what she did.
19:36She tried to sever my leg, bro.
19:37It's just a mess with my life, because he had nothing better to do.
19:42It is what it is.
19:43Yeah, the restraining order is there for life, for a reason, and yeah, I don't plan to ever
19:47see him again.
19:49I disagreed with your ruling out there a little bit, only because you made it seem like a
19:55requirement that he bring this issue, the issue of his leg and the medical bills that
20:01he suffered, and we saw the photos, and he went to the hospital right away.
20:04The fact that he didn't bring that up in the criminal case, you made it seem as if that's
20:09a requirement for him to be reimbursed here today in a civil court for those bills.
20:14The problem is that initial incident on the 4th, even the way he described it, they had
20:20an argument in the car.
20:21She was furious.
20:23She went to throw his insulin out the window.
20:26She got out of the car, slammed the door, went into the house.
20:30He followed her into the house and followed her into the bedroom, where they continued
20:36to argue.
20:37Do I know what happened there?
20:39I know that he ended up more seriously injured, but I also know that she was sufficiently fearful
20:45of him to, at work, go online and say, I'm afraid that he's going to be there when I
20:51get back.
20:51I don't want him to be there.
20:53And if you don't want, to me, when you have an opportunity to test an issue and you have
20:59a lawyer and you can test that issue and you choose not to, but you choose to plead guilty
21:06to part of that action, you then don't go and forum shop civilly and then acknowledge
21:11violating, at least on two occasions, the order of protection.
21:15Anyway.
21:15I understand.
21:16Glad to hear your opinion.
21:20Are you a victim of an assault?
21:22Go to JudyJustice.TV.
21:32Go to Judy!
21:32Go to Judy!
21:32Go to Judy!
22:01Transcription by CastingWords
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