[Music] flashback language that Mr Hensley Bay has used is uh in that order it's denying his defense motion for stay of execution pending appeal bond to be waved all right that was filed on February 9th and then Mr Hesley Bay has promise so I'm denying the uh State uh but do you have a question yeah I mean only reason why the pellic Co one of the reason why they denied the um motion because I don't have the transcripts yet end a flashback and welcome to facts or [Music] frauds what you are witnessing is real the participants are not actors I own in jail your honor and call the case of people the Milton Hensley case number 23s 1876 pres VI Zoom from our jail he is in all right Mr Hensley how are you today objection My Le B all right so Mr hle we've been through this before I'm going to call you by the name that's found on the information here you have my nationality information you have my so Mr Henley are you representing yourself today Pro Persona Su yours all right are you representing yourself today sir propria Persona Su jurist all right so Mr Hensley I'm not certain what you mean by that phrase all I'd like to know is that whether you're representing yourself today or not we've had this conversation many times previously it's up to you sir all right Mr you don't have a response for the court well you don't know what probable s so jurs is that's mean somebody representing presenting themselves all right so is that what you want to do represent today I'm presenting myself Islam yes okay and then as we've talked about several times you understand that representing yourself can put you at a disadvantage to other folks like the people who have attorneys that are representing them do you understand that no I do not what don't you understand about that none of it you don't understand any of it I don't understand how a disadvantage you don't understand what did you say the disadvantage yes how is the disadvantage in what in what term in what manner so the disadvantage would be that they're familiar with the rules of court that they're train lawyers and the rules of evidence and things of that nature things that we've discussed many many times so we talking about law we talking about codes we're talking about statutes we're talking about court rules we're talking about case Authority you understand that you could be at a disadvantage I understand we are we discussing I'm not going to play this game hey I want over here in person we'll put on the record statute we're gonna put this on the record in person we're GNA get Mr Hensley sentence today and we'll make a complete record aset as we can but I want to do that in person because we can do this all morning via zoom and it's just not very conducive to that so if he can be brought over and then we'll continue with our doctor until we see him here what do we have next that we can do case number 23s 18766 Fon Hensley B J is pres in person is front of him in the podium provided two copies of his right to all right so Mr Hensley we are back this morning for Circuit Court sentencing he's appearing in person we did try to start this earlier with him remote at the jail it just made more sense for the court to have him present where we're not trying to talk through Zoom so Mr Hesley here we are again today sir first I want to start with this when I arranged you a couple weeks ago you were given the opportunity to request Court pointed Castel and you were also given the opportunity for the last several months to retain your own Council are you representing yourself today sir for objection for the record make the record reflect my appliations Malik title is bit Bo American National is learn anything else prop person all right so sir the information that I have in front of me has your listed name is Milton Joseph Hensley Jr so we've been through this before respectfully I'm going to call you by the name that is listed in the information Mr Hensley so Mr Hensley do you wish to proceed by representing yourself today sir my fifth M right all right you don't wish to answer any questions from the [Music] court all right so you're not gonna answer the core one I'm asking do you wish to proceed representing yourself today for C Court s you wish to do that Mr Hensley objection my appellation is Malik title speak all right so then let's get this on the record um as far as the PSI Miss SP um it would appear that the court has copy of this Mr Butler apparently has it and then what do you know about Mr Hen Le receiving his copy he was emailed a copy and it's my understanding one was picked up at the office by someone all right so Mr Hansley have you had chance to review the preset report sir objection my appolition is Malik was B and for the record you have my nationality information within your FS so you know my app all right so when was our PSI completed in this [Music] Bond it's like 229 of 04 cut reviewed it and so after the review that would have went out to all the parties sometime in March okay um just while we I'm pulling this on um the it appears that there would have to be an addition in jail credit as he was arrested on the um buch warrant there's an additional 12 days before 18 of4 today so we can make that correction and update the geoc credit the PSI sent out on 229 today so I also want the record to reflect I've seen Mr Hensley several times as it relates to sentencing he had been appearing for all his court appearances he had been cooperating with the court as it relates to expressing his desire to represent himself in these proceedings he's never wavered from that which is why the court is inquiring again today I recognize sentencing is an important part of the circuit court process it's uh certainly a a hearing if you will that would require an entitle I should say the defendant to the assistance of an attorney which is why I'm asking however court is balancing that with the idea that this Circuit Court sentencing date has been delayed several several several times and the court can't help but Gan this point it just appears to be a delay tactic the court we sit that back through the dates has given Mr Hensley several times to hire counil he expressed that interest again it appears in hindsight that is simply a delayed tactic court has given Mr Hensley several times uh actually not even with the sentence that the courts required to give here in a moment um keeping him out on bond to do those things explore councel even after being arrested on the warrant when he failed to appear Court also gave him the opportunity again to request court appointed counsil in fact the public defender office appeared at his arraignment Mr Hensley Bay had the ability to fill out the affidavit and request Council this morning in response to the Court's questioning he does not appear interested in the answering the Court's questioning again it appears to be a delayed tactic I am comfortable that the preent report has been provided months ago to Mr Hensley I am comfortable Mr Hensley has given been given ample opportunity either to retain councel to ask for court appointed counsel therefore the Court's going to proceed with sentencing today I can't continue to allow out this delay of the matter uh and what appears to Simply Be A at this point series of uh incidents and responses or lack thereof responses simply to delay the matter I know Mr Hensley's been engaged with this we have several filings that are not court filings that he has continued to uh sent to the clerk's office um some of which he has referenced none of which have anything to do with the case Andor the Court's requirement to get him sentenced now that he has uh been convicted several months ago of these crimes so what I'm going to do is I'm going to start with then Mr Butler as it relates to the PSI are you aware of any corrections additions or deletions that need to be with it other than what we've already placed on a record with probation uh I would just um ask the court to take a look at variable four regarding psychological to victim we did receive a victim impact statement it looks like came from Robert who the male occupant of the vehicle in this case victim we received that just this morning about about two hours ago by so I could read that I do believe it references facts valid SC all right so why don't you read that oh this is from Rob he says I do have things to say to the judge and the proceedings that I would like to be read during sentencing below your honor I apologize for not being here in person today but I could not find the time again to keep seeing this through the amount of Stress and Anxiety Mr Hensley has caused my family is downright disgusting and infuriating pull gon on a family driving down the highway for nothing more than getting out of his way F not getting out of his way fast enough as a scene my daughter who was only 9 years old at the time with special needs was terrified and it took months for her to feel comfortable riding in any vehicle again because she was scared someone was going to cut her life short for seemingly no reason at all my wife had to start and is still in therapy over this whole situation which is thankfully which has thankfully helped her anxiety levels to become manageable but also is not covered under our insurance so it's cost us quite a large sum of money and that brings with it its own stresses to our family and social life I find myself driving and cannot seem to relax because anyone I see speeding up behind us reminds me of the terrible people in the world and just how ignorant someone can be with dis with disre guard for others lives including those of its own family and child in the car being that there's been that there are previous charges against Mr Hensley for almost the exact same situation where he brandishes a gun and threatens to kill people because of his unchecked aggression inability to safely operate a vehicle which then turns to road rage I pleas that the court recognized this man is a danger to society to blame disregard for human life will eventually cause someone to lose theirs if not his own because of all the pain sufferings Financial burdens and overall creation of trauma and issues in the many lives he's affected I petition that the court give Mr Hensley the maximum sentence possible for his crimes that my family and others he's affected may know some semblance of peace to Mr Hensley despite everything you've done to my family over this very long process and the disdain I have for you as a human being I hope that you your time behind bars will allow you to life differently and that you can truly find the air of your ways to become better for yourself and your family with that statement um I think we have two individuals that are reported by um Mr SEL to have suffered emotionally from hisy da and so Mr Hensley what is your objection tell him prove everything he's saying if his wife and everybody went through the traa me the do went through it because I can't believe somebody that was slam me braks on the inate at 75 80 miles hour deal with trauma you could have killed us and everything behind me ain't no such thing as you got trauma for you slamming your breaks all right prove what prove them accusation that you make prove all right so sir I am going script like he coming from a movie or something I am going to Grant the request for scoring ob4 based on the victim impact statement here does appear to meet the definition now ob4 for the record psychological injury to a victim could be scored 10 points if the serious psychological injury may require professional treatment and in making the determination the fact that the treatment has not been sought is not conclusive first we have the issue of a 9-year-old in the car apparently with special needs and Dad victim has expressed in that statement that was just read into the record how this is still affecting uh the minor child that makes sense in court as it relates to somebody that's 9 years old and was observing somebody pull up next to them and pointing a handgun at at that for the record Mr Hensley you've been convicted of that sir by the court we have we will have please let me finish and I certainly will give you the opportunity to address the cour for S and then also pursuant to the statement that we just read into the record from the wife who also was in the car according to the testimony at the trial she is not only suffering from the effects of this has sought treatment and continues to seek treatment which is in line with the OV scoring guidelines that professional treatment may be required in fact has been and is still be engaged so we'll score 10 points for ob4 so that will change our total OBS to 35 and does that change to level changes it to a level four and so a C4 cell is to be 53 all right any other additions Corrections or deletions from the people uh no nothing from um from the people and the no nothing else so you've read the statement into the record then nothing else from victims that's correct your and then anything on behalf of then the people um the recommendation on the 0 to 17 gu guideline range is 12 months on count one and two and two years on count three preceding the count two sentence um the people did initially support that um but with the change in the sent in guideline range obviously this does open up your honor to more opportunity U for incarceration choose and leave that discre we follow all right so Mr Hensley I'm going to give you the opportunity before I ask you to address the corporate sing do you have any additions Corrections or deletions as it relates to the pre report all those accusations are false and none of them have been proved one and he talk with this this this story as it relates to this report do you have any addition Corrections or deletions excuse me no I don't have a report all right uhuh so as it relates to sentencing is there anything that you want to state to the court before sentences ofon I have my medical information you know I have stage cancer you know have head TR you know have neck and back injury suff with a drop anything else then Mr all right so Mr Hesley has provided it is accurate information regarding different uh medical issues that he has that he is suffering and is suffering today as a matter of fact however as the court sat through this trial it's clear to the court that what Mr Hensley was engaged in is troubling the testimony of these victims where they were traveling on Westbound i96 minding their own business when Mr Hensley's vehicle comes up behind them high rate of speed the victim described with great clarity how close Mr Hensley and his vehicle were to them to the point they were extremely uncomfortable did not hold on Mr Hensley let the court finish okay to the point that uh they thought they were going to be struck the victim I recall describing un being unable to even see the front of Mr Hensley's vehicle that's how close it was meaning the grill headlights that recall the testimony and that they immediately got over victim then went on to describe that Mr Henley pulled up next to them and pointed a handgun in this manner course is pointing over to the right and directly at these individuals victim descried out he reached back sorted to Shield uh his family and that they were getting down as best they could now all of that I think is certainly um actions that would cause the victims here to feel their life was in danger somebody points a gun at them the fact that somebody is tailgating that closely behind them uh on the highway at speeds of 70 7580 certainly puts people in danger could cause people to be incredibly uncomfortable about what's going to happen next but it's a long way Mr Hensley the court saying having sa through the trial you create the situation by driving in a manner that makes these folks uncomfortable by coming up on them at a high rate of speed and following it objection man Mr edley I anybody with an autopilot vehicle you know for a fact it won't do that right that's a fact not what he giving you on out of his mouth a fact a automobile will not get up on nobody automatically Jam brecks I told you does that the trial is over you cross-examine those Witnesses I did that and you deleted everything I say now Court you heard everything that they say was a lie now and you know it let the court finish all right so the testimony was as the court has described and there is no doubt that all of those actions Mr Hensley is responsible for that's the ironic part of that he creates the situation that causes discomfort for these drivers and then he's the individual that introduces a gun to the situation Court her Floral 4B evidence that was remarkably similar where Mr Hensley is right on the bumper of a young lady Grand Rapids Kent County area and then when she is very uncomfortable and pulls over and stops Mr Hensley again introduces a gun pointing it at that individual now I mention this because I'm not using that uh as it relates to a sentencing issue I'm using that and that it's clear Mr Hensley drives in a manner that endangers other people that causes them to report his activity to other people and then when they attempt to avoid evade if you will what has Mr Hensley has caused then he introduces a gun to the situation now Mr hle I don't have to tell you that it's barely obvious in today's world right today's world of shall issue cpls that even if you believe somehow you're justified in in displaying a weapon and for the record there's nothing in this trial nothing this court heard with a 44b evidence or the incident at hand here that we s you on that would suggest it in any way shape per form that you were not responsible that you had any legal justification to introduce a weapon to it but even assuming in your own mind that you work what happens with that in today's world is they would have a very easy Avenue to articulate I felt in fear for my life or great bodily harm and assuming they were lawfully carrying a gun could take action shoot you in other words and I can remember just in little I onlyi County an incident that occurred just a few blocks from here in which an individual was tailgating a lawful CPL holder going right down Steel Street over here and so that individual much like here got over pulled into the car wash to get away from this guy and the guy behind him pulls right in behind him much like in the 404 P evidence I heard with you and so what happens is the CPL holder what is this guy doing he's crazy he pulls his gun now we can argue whether he could articulate at that time whether he felt his life was in danger of uh death to great body harm but regardless so what happens is the CP the tailgator he then also was a valed CP holder and he pulls his gun and guess what they did they shot each other and they both died the ironic thing is maybe it's the one time the one time that a government program worked 100% because to get a B CPL you have to take this course do all those things and part of that is shooting your gun 15 times or something I can't remember I work I knew about CP yeah well my point is so they both hit their Mark and they're dead and it's started from something just like this and so my point in demonstrating the story to you retelling the story is when you engage in this kind of behavior it puts your own life at risk put your own life at risk and that you were lucky that hasn't occurred to you but you certainly have fighten in the heck out of people with what I heard in this trial you certainly were in the wrong and you're not a b CP holder that's the other problem because I don't need it all right well I recognize you think that you have some fundamental rights that I'm not are found either in state or federal Constitution and you certainly can take those up on review right already in con Western district code already so that's fine you can appeal anything that You' like any reason you think you have a battle appeal but they're simply not town and state or federal Constitution and so here we are today so that's how we end up with a caring a concealed weapon felonious assault felony firearm and what the court likes to do Mr Hensley as I'm reviewing this I will say this I'm Wayne positively in a in a positive manner here you stand before the court at age 50 you don't have any prior criminal history exactly which is somewhat remarkable when I heard about the 404b evidence soct I don't know how that didn't result in some sort of crime but it didn't and I'm recognizing that and I'm going to recognize that in the sentence I'm going to impose here in a minute we do have the sentencing guideline now which is 5 to 23 months Court likes to think about the middle the middle of 5 to 23 is going to be 14 and I also want to recognize that you don't have any prior criminal history and that I will also recognize until lately that you've been cooperative with the court you showed up to court that you uh as far as I could tell did your very best to represent yourself and uh were adamant about doing so and took this matter seriously all of those things I think are things the court can weigh that are positive to you the negative though sir is the outcome of this is your actions and one causing this and then making it worse with introducing the gun and pointing it at this family on the date in question can he prove that he did that the reason out Tri I recognize you disagree with that as the to decied you had somebody M those they all evidentiary issues you again can explore on a pellet review sir you're welcome to do that yes all right so as it relates to the car carrying a concealed weapon all right so carrying the concealed weapon is count for charge number one Court's going to impose a sentence of 12 months to five years that's under the minimum guideline range of or the middle I should say of what the court was looking at at 14 months so it be one year to five years with the Michigan Department of Corrections and you you have credit now for 14 days that you have previously served as it relates to the uh felonius assault now this would be charge number two the Court's going to impose a sentence of one year with the Michigan Department of Corrections to the statutory Max of four years you will receive credit for 14 days that you have previously served and then as it relates to C three this is the fony firearm the court is required Mr Hensley to impose a sentence of two years with the Michigan Department of Corrections and then counts one and two that I mentioned earlier will be served concurrently with each other but this count three by Statute is required to be served consecutive with and preceding these other two CS so two years with the Michigan Department Department Corrections as it relates to the monetary obligations Mr Hensley the court is required by Statute to oppose $130 a crime victim rights assessment Court's going to oppose Court cause the amount of $1,500 there'll be A6 DNA testing fee and then required by Statute are the state costs and the amount of $68 I count one $68 on Two And $68 on three all right so Mr as you do have a right and this is something you're interested in you've expressed that interest to seek aell review of the sentence the court is imposed if you'd like to do that you have 21 days from today's day to make that request you have the app paperwork there right in front of him with all right already district code you want the case number so hold on so you have 21 days from today's date to make that request all right if you want to ask for a core appointed attorney as it relates to this appet review you have a broader window of 42 days to make that request okay because you were convicted at trial you have an automatic right to seek this review meaning that if you ask for that review then the Appel Court will have to take a look at it all right so if you can then there's a pen there I need you to sign there's two copies of that one for you to keep the other one for you to initial and date that you've received it so if you could do that for me sir it's right there on the podium you can take that with you I'm not saying anything all right so for the record Mr Hensley Bay is indicating you don't want to sign that sir I'm not sign all right so for the record then though I am going to send back with the Deputy his copy of the appet uh review form I'm going to place the unsigned appet review form here Mr Hensley only because we've dealt uh with this case for so long if you want to explore these though this form is important to you okay and recognize that you are refusing to sign it or acknowledge it for the record but this is something that you want to file timely if you want a pellet review of this they don't have jurisdiction so they don't have jurisdiction neither do you all right well I think that the court has jurisdiction and if you want this reviewed by a Michigan court then you need to file that but I'm going to give that to the deputy we'll keep it in your possession and you're free to go I love morons and thanks for hanging out with us on Factor frauds make sure you hit that Thumbs Up Button you're subscribed and ring that Bell for notifications so the next time PR a video you can me to live chat with everyone else and leave a comment in the comment section tell me what you think and a huge thank you to to all of our faxer frauds channel members if you'd like to become a member click on join right now to subscribe or click on the link in the description now if you're still hanging around thank you why not hit that Thumbs Up Button subscribe if you're not already and ring that Bell also leave a comment in the comment section tell me what you think till next time I'll see you soon