[Music] and welcome to facts or frauds state of Michigan versus Devon Ellis case number 23fb 1258 r m for the people assistant public Defender Alison Muller here on behalf of Devon Ellis Mr Ellis can you state your name please Devon Ellis all right Mr Ellis you're here today um and in this case you're going to be arranged on a new violation or probation it alleges that you tested positive for alcohol via sober link device on August 19th 2024 in violation of the no alcohol condition of your probation you you are allowed you are entitled to have a hearing in this matter at which time um if it is found that you violated or you admit to violating the terms of your probation you can have your uh you can be sentenced up to 15 days in the washingon county jail and that is the recommendation I apologize for back up your honor all right you may proceed Miss Muller what would your client like to do thank you your honor Mr Ellis does want to wave his right to a hearing he will admit the violation Al please raise your right hand to beond you swear airm that the testimony you're about the provide be the truth the whole truth and nothing but the truth yes thank you s my understand you're going to wave your right to have a hearing in this matter you're going to admit to the violation is that correct yeah all right you tested positive for alcohol via the sober link device on August 19 2024 correct uh yeah I find that there's annoying and willing admission to the violation are you satisfied Miss McDuffy yes your honor I'm so sorry I think I missed he he's admitted to that positive result and all the um any Mr latest as well too he's not being violated on that but let me see what you're talking about well there actually um well there were those M tests were in relation to that same date that I see but then I thought he tested positive again when I read this report the other day let me see cuz he had the August 19th that might not be him no he did that those are all part of the same test where he didn't retest afterwards so I'm just accepting the positive the August 19th correct okay I had missed the date so thank you yes your honor Miss Muller I satisfied your honor thank you all right anything you want to say prior to S say your honor I think this was a hiccup he also addressed his violation um in 14a um he is continuing there on his bond um Mr um Ellis uh I know there's been some issues reporting the probation him and I talked about that again and providing the proper proofs he did complete the program at Hegira um in Oakdale um he wanted to go directly into transitional housing or residential housing um I believe the issue was just a lack of a bed so he is on a waiting list for that um that's correct right Mr Ellis correct and so our request would be that he at this time not be sentenced um and not the recommendation not followed I do believe he'll be in transitional housing very soon um and will there continue on with um programming to help with his um recovery Miss McDuffy I um um I know Miss mohler's trying I I really do and I um I can't this can't be a hiccup because in order for something to be a hiccup there has to be an interruption in a series of events that was otherwise going smoothly and it's exactly the opposite I don't think we've even had um a stretch of time where Mr Ellis has been compliant and doing even relatively well I don't every single hearing that I have for him there's been some sort of violation and I know that um she zealously argued for Mr Ellis um back in gosh I think that was March where um he just needed to have um he he was eligible to be violated and sent the jail time then he was sentenced to those five days and they were held in advance advance and he just was supposed to um he was expected I shouldn't say expected but his um we were sort of given this assurance that he was definitely going to comply and if he had even one more you know m test late test positive test then but he wasn't expected to you know violate again and I I just cannot imagine for the life of me that's all the way back in March how he's been to treatment was discharged um or completed yeah was discharged and completed that program on August 8th how in the world do we have a soberlink positive on August 19th um I don't even know the status of his drug test and you know that was our biggest issue over here the soberlink is actually issued another matter um because we're here on uh his drug his drug issues but I I just don't I just I can't even comprehend why this is something that will be coming up um at this late date after he's taken all these steps I think the court has extended Mr Ellis every single opportunity it possibly could to give him as much leeway as possible to get things together and we're aware that Mr Ellis sort of has some issues where he might not be as able as other people to take full control of everything on its own that doesn't excuse him from compliance Mr Ella still knows right from wrong he knows he's not supposed to have alcohol um so none of that explains this and that is aside from sort of the administrative types of questions and issues we have about not you know submitting proof of his treatment and and um you know things like that or it says that he hadn't contacted or reported to probation at all I I know that multiple cases are a lot to keep up with but I also know that multiple cases are the result of Mr Ellis's own actions and um if this were really a case of kind of missing a date and a mixup I think we would see that and acknowledge it but we're talking about violations of using after treatment before after I don't know about during but I I I just think that we run out of accommodation here um I Mr Mr Ellis needs to give himself the opportunity to do well enough so that something can be considered a hiccup but he hasn't even giv himself a chance to succeed yet and I don't know why anything from you Mr Ellis yes I uh I'm actually trying your honor that's why I completed a um a impatient um impatient program myself you know what I'm saying and uh I think I I just need more positive positivity around me like I've been having I I haven't been doing drugs um that's a big step um I just need me Miss Dey to acknowledge I am trying like I'm just not throwing disrespect in the court at or anything that's all I really wanted to say wow well I think this is about standards and your standards versus the court standards are not aligning at this point because my standard for trying is you go to treatment and you don't have a violation within 10 or 11 days you violate it within 11 days of being released from treatment so yes you're not doing drugs but yes you are still drinking alcohol which is a problem I agree with everything that miss McDuffy said quite honestly and I'm not gonna go down that whole Litany of things again so the bottom line sir is that when I gave you the opportunity by holding your five days in AB bance we had an understanding you are not able to comply with that understanding yet so therefore you're going to do some jail time and get reassessed and what I think you need is long-term treatment if you can't sustain without drinking for a month after you get out then you really are not there yet your program wasn't long enough so you need a long-term impatient it is the sentence of this court that you serve 15 days in the Washington County Jail plus 5 days for the first viol for a total of 20 days you must turn yourself into the washingon county jail by tomorrow morning at 8: a.m. at that time you'll get an assessment for impatient treatment and long-term impatient care I'm going to do a review in this case in 45 days to see if you've done any of those things and if you don't turn yourself in a benchmark will issue probation is um also contined so I will see you back here on October 24th 2024 at 10:00 a.m. assuming you turn yourself in if you don't then I'm sure I'll see you before then hey Mrs Muer I'm about to uh I'm about to give you a call too also because I don't know why you told me to do that Mr Ellis give me a call okay when you log off yes all right thank you 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 once again for hanging out with us unfactor frauds make sure you hit that Thumbs Up Button you're subscribed and ring that Bell also leave a comment in the comment section tell me what you [Music] think and a major thank you to all of our faxer frauds channel members wanish thank you if you'd like to become a member just hit that join button right next to subscribe or click on the link in the description now if you're still hanging out thank you I appreciate you all why not hit that Thumbs Up Button make sure you're subscribed ring the bell and leave a comment in the comment section tell me what you think till next time I'll see you soon