[Music] what is this uh just white something cool is going to [Music] happen this is ma Max hedum and what you're about to witness is one of the most Sinister sounding intros to a trailer to one of the greatest epics ever produced in the history of [Music] television and welcome back to factor frauds make sure you hit the thumbs up button you're subscribed and ring that Bell for notifications so the next time Premier video you can me to live chat with everyone else and leave a comment in the comment section tell me what you think what you are witnessing is real the participants are not actors what's your name I'm here represen Brian mus you're Brian musgrow here representing I have no idea what that means so why don't you come up to the voting I to NOP yes stand in front of the thing so what is your name Brian Joseph mro okay are you an attorney what's your p number I'm not an attorney so then you can't represent Brian muso so you are inde defendent correct executive on that on that estate okay so none of that is valid or legal so you have an attorney he's not doing nothing for me okay that wasn't my question do you have an attorney yes or no I have yeah he was supposed to be representing me but so you have Michael dagger Mar Goan okay so he's your attorney okay so go have a seat when Mr dagger Mar go and gets here I'll call your case okay soon after so Mr Musgrove you want to come up to the podium please this is in the matter of the people of the state of Michigan versus Brian Joseph Musgrove file number 23- 21461 FH I have Isaac sne appearing on behalf of the people and I have Michael dagger Mar goian hearing on behalf of Mr Musgrove um Mr dagger marosan might oh there he is so um Mr dagger Mar goian this is a date and time set for pre- on this matter Mr Musgrove said that he was appearing on his own behalf I did verify he is not an attorney and you are still the attorney of record so um Mr dagger Mar go in how do you wish to proceed well your honor I I am aware that Mr Musgrove uh wants to present information to the court I'm happy to be standby Council if he wants to represent himself obviously this court would have to go through the colloquy of that but um obviously it's Mr musk's legal right to a at least ask the court to do that [Music] so all right so Mr musgrow when you were at the bench or up at the podium before you you said that you were appearing on behalf of yourself so Mr Musgrove um are you asking to no longer have Council represent you um well if the way what I'm understanding is that the courts is a private for Mr mus I know where you're going with us and none of that is valid none of that is I'm not the all Cap's name of course none of that is valid none of that is law you are standing in my courtroom I have jurisdiction over you so I tried to file paperwork with the clerk's office ahead of time so that you would have time to review it and they deny me I know what you're talking about none of that is valid under the law of the state of Michigan or the Constitution of the United States of America what we've got here is failure to communicate what do you mean it is no the Supreme Court says it is what does it say it is the Supreme Court says that if you we were at the age of 18 we were supposed to take uh claim our our minor status nope not valid okay so here's what I would say to you Mr dagger marosan is like most of our public defenders exceptional attorneys and very well versed in the law and very experienced he G legal advice you may not like the legal advice but it's usually good advice I've never had anyone from the public defender office um not wholeheartedly try to represent their clients so what you are talking about is not valid and it is not going to get you out of this case you're not going to be able to say all those things it's not valid everyone in this involved in this court case is has a financial interest in the case what I don't have a financial interest in your case I get paid by the state of Michigan whether you plead whether it gets dismissed I don't make any money off you we have budgets the court system is not a profit generating Revenue we are here to represent people so that people who are charged with crimes are protected people who are victims of crimes are protected and that's why we have in order for there to be a crime there has to be a victim there there is no well there is a victim in this case be the company you are charged just hold on so your crime that you are charged with which you are innocent as of this time let me grab the right file is value oh this is an a let me see this is an embezzlement charge so you are charged in count one with embezzlement 50,000 or more but less than 100,000 that being an agent served or employee of Hardwoods of Michigan industry did convert to your own use without the consent of your employer principal industrial tools and equipment in the amount of 68,000 9384 or money or equipment and that's a 15-year felony so if you are found guilty by a jury you can go to prison for up to 15 years you're charged in count two with using a computer to commit a crime to facilitate the charge in count one that carries a maximum penalty of up to 10 years in prison and the way the statue is set up I can actually stack those possibly so you potentially could be looking at up to 25 years in prison can you feel that can you feel it so the victim that's alleged in this would be that business right and I can't face that accuser because that business can't get on the stand from you to ask questions and a third party but their representative can yes they can yes they can yes so I have 189,000 of student loan debt that was forgiven to be a lawyer you do not and Mr dagger maroi and Mr Isaac sne all of the attorneys here went to law school to know the law and their job is to advise you of the law so yes they can everything all the laws and statutes that you guys go by corporations they're for still a crime still a crime but I'm not a corporation I'm a living person yep and that's why you're standing in front of me if you were dead the case would be dismissed yeah the the all cat's name is dead that means nothing that's not valid it's not legal so do you want to represent yourself or do you want to have an attorney to represent you I I need some time to think okay I'm going to set this for another pre-trial on March 20th at 8:30 in the morning and Miss Adams could I get a notice of hearing from Mr musve all right so Mr Musgrove have a seat on that bench right behind you and then um Miss Adams will give my bayi 16 paranoia Field Days Later this is in the matter of the people of state of Michigan versus Brian Joseph musgrow F number 23- 21461 FH I have um Isaac sne appearing on behalf of the people and M Michael dagger Mar goian appearing on behalf of Mr musbro this is the date and time set for a pre-trial conference in this matter so Mr dagger Mar Goan how do you wish to proceed today your honor Mr sne and I have reached a resolution in this matter uh Mr Musgrove will be pleading guilty to two counts of Li and in exchange for that the original information will be dismissed I'm sorry he's going to play guilty to two counts of why I'm sorry l i be lening a building um and I don't know if there needs to be an amended information um I have a count three Larina building so I only have one Larina building so I think they'll have to amend the information to add account for l a building okay and then the one count of lar a building is that correct that's I mean we discussed it but learning this morning that bading so one count or two counts Mr sne um I I thought we discussed pleading to count three so we don't need an amended information beautiful one count of one count of Lara building count three all right so just count three okay and then additionally your honor uh there's a an agreement for no MDOC and no upfront jail and also that the amount of restitution will be paid back over the course of probation which would be ordered anyway okay and then count one two and obviously the habitual offender fourth offense notice will be dismissed right correct all right Mr mus you want to raise your right hand do you solemnly swear or affirm to tell the truth the whole truth and nothing but the truth yes ma'am now I'm going to need you to speak up a little bit you're softspoken so Mr Musgrove you've heard the agreement that was placed on the record is that your intention be guilty to count three Larsen in a building that offense does carry a maximum penalty of up to four years in prison and or a $5,000 fine but there's an agreement that there would be no prison term and no upfront jail yes ma' so is it your intention of ple guilty to that yes now you've had an opportunity to meet with your attorney and discuss this plea are you satisfied with Mr dagger maroi and as your attorney and the advice that he's given you yes all right um neither the prosecutor the defendant or anyone on the defendant's behalf has discussed any other possible sentence with the court is that correct Mr sne uh well your honor we did agree upon the restitution being set in the amount of $2,660 I believe other than that no okay is that correct Mr dagar Goan yes your honor okay and you understand that yes okay and you would have the term of probation to pay that off okay um anything else Mr sne no other discussion Mr dager margosian no your honor okay and would you agree with that Mr mus yes all right so if a guilty plea is accepted there will be no trial this means that you will be giving up rights you would have had at trial I'm going to explain those rights to you now to make make sure that you understand them you have a right to a speedy public trial by jury you may ask for a non-jury trial and if the prosecutor in court agree you can have a non-jury trial you have the right to be presumed innocent until proven guilty Beyond a reasonable doubt you have the right to have the prosecuting attorney prove Beyond a reasonable doubt that you are guilty and you do not have to prove anything you have the right to be present at trout have witnesses against you appear at your trial and to ask those Witnesses questions you have the right to have the court any Witnesses you have for your defense to appear at the trial you have the right to remain silent during your trial and not have your silence used against you however you also have the right to testify at your trial if you want to testify do you understand that if your plea is accepted you may be giving up the right to appeal issues that would otherwise be appealable had you been convicted at trial do you understand that yes do you understand that any appeal from the conviction and sentence pursuing to the pleate will be by application for we to appeal and not by right do you understand that if you are not a citizen of the United States of America a conviction of a crime may result in deportation exclusion from admission to the United States of America or denal of naturalization do you have any questions about the rights that I've given to you no Ma so how do you wish to plead to the charge that honor about June 21 of 2023 in the village of Clinton in the county of lenway that you did commit the offense of lar in a building guilty or not guilty guilty okay has anyone made any threats or promises to you to induce you to plea guilty to this church no do you understand if I accept this plea you will be giving up any and all claims that your plea is given as a result of promises or threats that were not disclosed to the court on the record during this hearing or that it was not your own choice to enter The Plea do you understand that yes is the prosecutor defense Council aware of any promises or threats or inducement other than the plea bargain to induce the defendant to plead guilty Mr sne no thank you Mr dagger Marian no has your attorney other than the agreement that was placed on the record promised you any particular sentence or estimate what sentence will be in terms of fines cost no ma' all right is that your own choice to plead guilty yes all right so Mr Musgrove um on junee 21 of 2023 were you in the village of Clinton in the county of lenway yes June June 21 of 23 during that time period honor about all right so Mr D Mar Goan perhaps you can V Mr mus just like the the judge had asked on June 21st of 23 were you in Clinton Village of Clinton County of lenaway no I they I was already terminated from employment at that company on May 5th I wasn't there after that the charges came after June all right so on so on May let's Mr sne any objection to amending it to May 5th no objection now aren't you glad you talked to your attorney you were looking at 14 years uh Mr mus gr up on May 5th of 2023 were you in Clint Village of Clinton County of lenaway yes okay and on that date did you enter a building uh specifically Hardwoods of Michigan facilities yes okay and did you take um property from that company without their permission yes okay and it was I mean it was multiple items true yes okay I I guess I'm satisfied judge Mr s are you satisfied I am thank you judge all right has the court complied with MCR 6.32 BC and D Mr sne yes it has Mr dager Mar bosan yes I accept the plea has been given understandably voluntarily and accurately the defendant has full knowledge of his rights and he does have competent counsel this court has made no agreement regard regarding the possibility of a plea or possible sentence in this case with the prosecutor the defense attorney the defendant or anyone acting in the interest of either of them and Miss Adams could I get a notice of hearing from Mr musgrow for his sentencing um I'm going to set this matter for sentencing on May 23rd of 24 at 8:15 in the morning and I'll get you some paperwork today to take with you um do you want to come in person or via Zoom I can do it in person it's fine okay so we'll do that in person and that will be at 8:15 on May 23rd I'm going to send you once you get your notice appearing I'm going to send you across the hall to the probation department they'll give you a packet to pill out and they'll set out set up a time to you to meet with them make sure you meet with them and fill out the packet and then be honest with them about your background and the events that occurred they'll prepare a report we'll get a copy to Mr dagger Mar goian call him about a week before or so to review that with him okay and then we'll see you back on that day for sentencing in person okay okay all right so I have a seat right behind you on that bench and then um we'll get you that notice of hearing all right before we get to the conclusion of the video what do you think did he drop the ssit all the way or just for this case let me know in the comments this is in the matter of the people of the state of Michigan versus Brian Joseph Joseph musgrow file number 23- 21461 FH I have pH McClure appearing on behalf of the people and Michael deer marosan appearing on behalf of Mr musgrow this is the date time set for sentencing Mr de Marine you did receive a copy of the pre-sentence report yes sir and Mr Musgrove have you had an opportunity to review this with your attorney yes all right so I need you kind of Scot Clos to the microphone and I need you to speak up loud so that when we're recording this for pilot purposes that it shows up okay yes all right so um and you've been able to speak with your attorney and discuss it yes are you satisfied with Mr dagger marosan as your attorney in the advice that he's given you yes Mr dagger margosian do you wish to explain or challenge the accuracy or relevancy of any information in the prent report no all right does um the pre-sentence report disclose any prior convictions in which there exists any known Constitution show be fact no to my so I show that the probation department has calculated the minimum sentencing guidelines to be 7 to 23 months you age with that calculation of guidelines yeah I don't have any challeng okay so Mr dagmer goes in I would also note that at the time of The Plea the prosecutor agreed to no initial jail or prison and restitution was determined to be $ 2,660 and that's what was placed on the record and of course the court Will Follow That agreement but um before the court passes sentence um do you have you're not really on this case but I called your name do you have anything to say on behalf of people um no let me I guess check if's he it okay Mr deer goes in is there anything you'd like to say behalf of Mr musgrow your honor we uh additionally received the victim impact statement we've reviewed that there's nothing uh substantive that we need to address in that uh in that letter i as the kind of just indicated I would just ask the court to follow the recommendation of probation with the order of restitution to be paid over the course of probation U and to follow the sentencing agreement for Noah front jail obviously that gives Mr mve the best opportunity to make whole on that restitution so I think that would be in the best interest of anybody of everybody and I would just ask for for father recommendation right Mr Musgrove anything you want to say on your own behalf no ma'am all right so and determining the appropriate sentence in this case the court has considered the seriousness of the offense your history the principle of proportionality the statutory penalty the cost of confinement the sentencing guidelines the report and recommendation of the probation department as well as what has been set upon the record at this hearing the criteria and reasons for the sentence are the nature and gravity of the offense the discipline appropriate to its commission deterrence against repetition by you and by others the potential for reformation Vindication for Law and the protection of society sentence of the Court you be placed on probation for a period of three years I'll give you credit for time served of six days there is restitution in the amount of $2,660 payable to Hardwoods of Michigan during the term of probation you will obey and comply with all the articles of your probation but some of them will be that I don't see any alcohol offenses so I'm not going to order the term that you cons cannot consume alcohol um I am going to order that you can't use any illegal controlled substances and possess any paraphernalia you must use all prescription drugs only as prescribed um have any assessments done as required um complete any counseling they refer you to not have or use any object as a weapon you must submit to search of your person and property including but not limited to your vehicle residence computer phone without need of Warrant if they feel they have reasonable cause to believe you have items that would violate the terms of your probation um so does that mean 605 a month Miss okay so um what I'm going to have Miss Holly do is she'll set up a monthly amount you must pay towards this to make sure that by the time your probation's done you've paid it in full Okay so and you must do um execute a wage assignment um when you're employed and not miss any payments there's a crime victim rights assessment fee in the amount of $130 like I said restitution in the amount of 2,660 is a $30 per month supervision fee 60 if we have to put a tether on you I don't think that would be a problem $750 in court cost there's $450 in attorney fees and $68 State cost um no $60 DNA fee I think because he's had it done recently okay so anything else Miss Holly no okay so Mr Musgrove um my B is going to hand down to you your notice of right to pellet review we're going to have you initial and date one copy to go in my file just to acknowledge you received the paperwork okay the other copies are for you and if you wish to appeal the sentence you would fill out information on the form and mail it to the address list on the form within 42 days all right okay and want him to chat with you today Tuesday 81 okay all right so Mr musgrow um Miss hly I just need you to report to her Tuesday between 8 and 10 is that all right um yes okay so good luck to you and the record to reflect I received back sign copy of the notice of right to pilot review thank you m mro now you got to give them credit why is that well they're going to keep on doing it till they get it right and thanks for joining us on facts or frauds make sure you hit the Thumbs Up Button you're subscribed and ring that Bell for notifications so next time Premier video you can meet to live chat with everyone else and leave a comment in the comment section tell me what you think and a major thank you to all of our faxer frauds channel [Music] members if you'd like to become a member just hit that join button right next to subscribe subcribe or click on the link in the description now if you're still hanging around why don't hit that subscribe button yeah you might like it hit the thumbs up and if you'd like to support the channel hit the thanks button until next time I'll see you soon