FOR THE COUNTY OF SAN BERNARDINO. THE PEOPLE OF THE STATE OF CALIFORNIA, ) ) Plaintiff, ) ) Case No. -vs- ) FWV ) ) TRAVIS EARL JONES,

Transcription

1 SUPERIOR COURT OF THE STATE OF CALIFORNIA DEPARTMENT R- FOR THE COUNTY OF SAN BERNARDINO HONORABLE MICHAEL A. SACHS, THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, Case No. -vs- FWV-00 TRAVIS EARL JONES, Defendant. JUDGE REPORTER'S TRANSCRIPT OF SENTENCING BEFORE HONORABLE MICHAEL A. SACHS, JUDGE RANCHO CUCAMONGA, CALIFORNIA DECEMBER, APPEARANCES: For the People: MICHAEL A. RAMOS District Attorney BY: DAVID SIMON, Deputy 0 North Haven Avenue Rancho Cucamonga, CA 0 For the Defendant: TERA HARDEN Attorney at Law C o PY Reported by: Maureen Bernard, C- Official Reporter

2 RANCHO CUCAMONGA, CALIFORNIA; TUESDAY, DECEMBER, DEPARTMENT R- HONORABLE MICHAEL A. SACHS, JUDGE MORNING SESSION APPEARANCES: The defendant is present with his counsel, TERA HARDEN, Attorney at Law; DAVID SIMON, Deputy District Attorney of San Bernardino County, representing the People of the State of California. (Maureen E. Bernard, CSR, Official Reporter, C-. MR. SIMON: We're also prepared to go forward on Travis Jones. THE COURT: That's the sentencing? MR. SIMON: Yes, sir. THE COURT: People versus Travis Jones. MR. SIMON: David Simon for the People. MS. HARDEN: Good morning, your Honor. Tera Harden on behalf of Mr. Jones, who's present before the Court coming forward. MR. SIMON: Your Honor, in this matter, just so the Court is aware, we have one witness that's requested to address the Court, the chief of police of the Banning Police Department, on this sentencing matter before the Court makes a decision. THE COURT: All right. MS. HARDEN: Your Honor, there are a few corrections,_,tvw,eene.bewarid,csr,w,dr,

3 and additions to the report. THE COURT: Let's hear from the police department first. MR. PURVIS: Hello, your Honor. THE COURT: How are you? MR. PURVIS: Thank you for letting me speak today. THE COURT: Sure. MR. PURVIS: This is a first for me. If I could give you just a little background. Travis Jones used to be 0 employed by the Banning Police Department when this incident was first being investigated. It was brought to light. I was made aware of this investigation. Travis Jones was then released on probation. About months later, I believe, we found out that another employee of the Banning Police Department was possibly involved in this particular case. He's mentioned in the police reports. And what Travis did for our department is he helped us in an administrative manner. The police department hired a private investigator to investigate incidents involving a current employee, and Travis agreed to be interviewed on two separate occasions. He was candid about his involvement and the involvement of the officer who we were investigating. And because of that cooperation, it helped us critically and it was crucial for us bringing our administrative investigation to a conclusion. So I just want to let you know he's cooperated fully with the administrative investigation that we're currently investigating at the police department..avreene. oeward, CSX UR

4 THE COURT: Great. Appreciate it. MR. PURVIS: Thank you. THE COURT: Thank you very much. Can we get your name, sir, again? MR. PURVIS: It's Leonard, L-e-o-n-a-r-d, Purvis, P-u-r-v, as in Victor, --s. I have a card here. THE COURT: Sure. Your position with the department? MR. PURVIS: I'm the chief of police, your Honor. MR. SIMON: And I will represent to the Court that it was this aspect of cooperation by Mr. Jones that was the reason why the People agreed to make the 0 days in our plea agreement a lid rather than a do. MS. HARDEN: Your Honor? THE COURT: Yes. MS. HARDEN: If I can add, on Page of the report -- it's actually Page under "Circumstances of the Offense." It lays out a conspiracy that occurred after the vehicle was taken to Mexico. There was actually another conspiracy that was not charged against two additional people, one of which was Terry Vilazardo (phonetic and the other was Relli Vilazardo (phonetic. One, Terry Vilazardo is an employee of the Banning Police Department. That's who Chief Purvis was speaking about, and he is throughout the police reports in the investigation completed by CHP. That's not in the report, and I think it's appropriate that it be in the report as they were actually involved in taking the vehicle across the border of New Mexico. THE COURT: Anything further?./touen E. BERVĀRD, CSR RPR

5 MS. HARDEN: I think that Mr. Jones regrets his decision. If he could go back and redo it, he would. More than anything he's lost his career. He now has a felony conviction and his career path that he was on has been completely and totally disrailed. I don't think a significant jail sentence is worthy or merited in this case. I believe a period of time on electronic monitoring or work release is appropriate, but I would say, you know, 0 to 0 days. He has learned a lesson from this. Additionally, on the terms and conditions, I don't believe that the recommendation that his license be revoked under 0 of the Vehicle Code is appropriate. A vehicle was involved but if you read 0, it's not appropriate. It's not a DUI. It's not a driving offense. It was an insurance fraud offense. Additionally, I'm not appointed counsel. So I would request that he not be charged for my services. He has already paid me. Your Honor, it was also the agreement that after a year if he complies and pays his fines and fees, reports, and does the terms and conditions, that it would be reduced to a misdemeanor. THE COURT: Mr. Simon? MR. SIMON: Well, with regards to the one year, that's correct. We will agree to early termination under 0., 0. and (b after one year, assuming he does everything he's supposed to do on probation. That's not an issue. The 0 recommendation, I can't represent that a.a`vree.v- E. BE.AXE, CSX KR.

6 vehicle wasn't incidentally related. I will concede that it wasn't directly related to the offense, and the consequences of the license suspension would be pretty severe. With regards to the jail time, as I said, this was a lid, hoping that we would get cooperation; apparently we have. And it was of great benefit to the Banning Police Department that Mr. Jones chose to cooperate in the investigation. We were able to advance an investigation which will hopefully lead to getting rid of a dishonest police officer which is of great importance to the administration of justice. So we think that the Court should give serious thought to going below the lid amount of 0 based on that. THE COURT: What would be your recommendation? MR. SIMON: I'd like to see some. I would ask for 0. THE COURT: All right. MR. SIMON: Weekends, work service, electronic monitoring. MS. HARDEN: Your Honor, there is one additional correction in the report. He actually did serve two days in custody. MR. SIMON: That's true. He did. THE COURT: Well, it concerns this Court greatly when I have a peace officer involved in criminal activity such as this. Not only does it demean the office, it also erodes the credibility of peace officers generally. Peace officers have difficult jobs as it is. Based on what has occurred in the past and when things such as this occur, it does not serve WAVUENE.OEVVARD, CSXUR

7 anybody's interest, including the public who relies on officers not only for their protection but who come into court as jurors and are asked to judge the credibility of officers who are testifying at trial on behalf of the State of California. But at the same time, I understand that based on the representation by the chief of police for the City of Banning as well as the district attorney, that Mr. Jones assisted in their investigation and appears to have taken responsibility for his actions. With that, I will agree to the 0 days as suggested by the People in this case. It will be a weekend commitment. It's up to the sheriff's department and Mr. Jones to reach the agreement as to whether or not that's going to be electronic or not. I leave that to the discretion of the sheriff's department. That's not my call. Let's proceed. Can we waive arraignment for judgment and sentence at this point in time? MS. HARDEN: So waived. THE COURT: Any legal cause? MS. HARDEN: No legal cause. MR. SIMON: None. THE COURT: I won't make any finding regarding the Vehicle Code recommendation. Reimbursement of appointed counsel fees is not an issue in the case. I will find that the defendant has the present ability to pay the cost of conducting the presentence investigation and preparing the report pursuant to 0.(B; of the Penal Code. And I'll order Mr. Jones to pay the sum $0 through Central AVUEN E. BERNARD, CA, RPR

8 Collections through the County of San Bernardino. Booking fees do not appear to be an issue in the case. As far as the court security fee and criminal conviction fee, I will impose a 0-dollar CSC fee, which consists of a 0-dollar court security fee and a 0-dollar criminal conviction fee. That amount went up as of November st. I will find the defendant has the ability to pay probation supervision fees at a rate of $ per month through Central Collections through the County of San Bernardino. The order of victim restitution/state restitution fine, and any other court ordered fines and fees will remain in effect until paid in full pursuant to PC 0.,, 0.(B. They're not to be discharged upon termination of probation. Is there restitution being ordered in this case, Mr. Simon? MR. SIMON: No, your Honor. The victim, Mercury Insurance Company, has requested no actual restitution. THE COURT: I'm not sure why it is, then, probation is requiring $0 per month. If there's no restitution, that's real high. MR. SIMON: That's a good question, your Honor. THE COURT: All right. I'm going to reduce those payments from $0 per month down to $ per month. Maybe it was contemplated restitution was a matter as well as attorney fees, I'm not sure, but $0 doesn't seem appropriate. Payments are also to be made through Central Collections through the County of San Bernardino. I will require the sheriff's department to obtain a PC sample,.ajue.v- E. EW,TIARD, CA, UR.

9 unless they verify such sample has previously been obtained and currently is on file. The Court will impose a probation revocation restitution fine in the amount of $0 pursuant to 0.. That sum is stayed pending successful completion of probation. Mr. Jones, I am placing you on probation for a period of months for violating Penal Code Section 0(B (. You will serve 0 days in San Bernardino County Jail with credit for time served a matter of two days. I'm allowing you to do that on the weekend. Again, I've reduced the 0 -- not really reduced, but it was agreed that would be the lid. I would require you to do 0 days based on the fact that you've cooperated in the investigation in this case and that you had the chief of police stand up for you. Otherwise, you'd be getting the full boat of 0. I just wanted to let you know that. You're not to violate any law, sir, while you are on probation. Can we waive reading of the remaining terms? MS. HARDEN: We can waive reading of the remaining terms. I've gone over those with him, and I'll go over them with him again. THE COURT: Mr. Jones, are you willing to accept the terms of probation your attorney has gone over with you as well as myself? THE DEFENDANT: Yes, your Honor. THE COURT: Anything further from the People in the matter? WAVUEN-E. OEV/ARD, CSX UR

10 MR. SIMON: No, sir. THE COURT: Sir, I will need you to report to probation upon the conclusion of your court today, okay? THE DEFENDANT: Yes, your Honor. MS. HOWARD: Your Honor, may we approach before we conclude this matter? THE COURT: Sure. (A discussion was held off the record. THE COURT: Mr. Simon, do we need to dismiss anything as to Travis Jones? MR. SIMON: All remaining charges and allegations. MS. HARDEN: Thank you, your Honor. (The above-entitled proceedings were concluded.

11 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO DEPARTMENT R- HONORABLE MICHAEL A. SACHS, JUDGE PEOPLE OF THE STATE OF CALIFORNIA, Case No. Plaintiff, FWV-00 Reporter's Certificate -vs- TRAVIS EARL JONES, Defendant. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ss. I, MAUREEN BERNARD, CSR #, Official Reporter for the Rancho Cucamonga Superior Court, County of San Bernardino, State of California, do hereby certify, to the best of my knowledge and belief, that the foregoing pages through comprise a full, true and correct computer-aided transcript of the proceedings taken in the above-entitled cause held on December,, dated this st day of December, at Rancho Cucamonga, California. ata&i/l_jde/t/0; Maureen Bernard, Official Reporter CSR NO. ( a n,cirrir enrom Pa n-,-r. nnm,,orrn

12 INVOICE MAUREEN E. BERNARD, CSR NO. Superior Court - Department R- 0 Haven Avenue Rancho Cucamonga, California 0 December st, RE: PEOPLE V. TRAVIS EARL JONES FWV - 00 Date Description Amount Paid -0- Transcript of sentencing $.00 taken in Department R- in the above-entitled matter. (Original and one copy. (Original has been filed with the court. Thanky u, Maur ee Bernard, APPROVED TO PAY BILL TO ENTERED IN TIMESLIPS. MAUREEN E. BERNARD, CSR, RPR