for the county of san bernardino … the county of san bernardino department r-2 honorable michael a...
TRANSCRIPT
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SAN BERNARDINO
DEPARTMENT R-2 HONORABLE MICHAEL A. SACHS,
THE PEOPLE OF THE STATE OF CALIFORNIA, ) )
Plaintiff, ) ) Case No.
-vs- ) FWV-1000938 ) )
TRAVIS EARL JONES, Defendant.
) ) )
JUDGE
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APPEARANCES:
For the People:
REPORTER'S TRANSCRIPT OF SENTENCING
BEFORE HONORABLE MICHAEL A. SACHS, JUDGE
RANCHO CUCAMONGA, CALIFORNIA
DECEMBER 7, 2010
MICHAEL A. RAMOS District Attorney BY: DAVID SIMON, Deputy 8303 North Haven Avenue Rancho Cucamonga, CA 91730
For the Defendant: TERA HARDEN 22
Attorney at Law
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Reported by: Maureen Bernard, C-10158 Official Reporter
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RANCHO CUCAMONGA, CALIFORNIA; TUESDAY, DECEMBER 7, 2010
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DEPARTMENT R-2 HONORABLE MICHAEL A. SACHS, JUDGE
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MORNING SESSION
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APPEARANCES:
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The defendant is present with
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his counsel, TERA HARDEN,
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Attorney at Law; DAVID SIMON,
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Deputy District Attorney of
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San Bernardino County, representing
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the People of the State of California.
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(Maureen E. Bernard, CSR,
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Official Reporter, C-10158.)
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MR. SIMON: We're also prepared to go forward on Travis
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Jones.
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THE COURT: That's the sentencing?
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MR. SIMON: Yes, sir.
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THE COURT: People versus Travis Jones.
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MR. SIMON: David Simon for the People.
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MS. HARDEN: Good morning, your Honor. Tera Harden on
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behalf of Mr. Jones, who's present before the Court coming
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forward.
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MR. SIMON: Your Honor, in this matter, just so the
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Court is aware, we have one witness that's requested to
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Department, on this sentencing matter before the Court makes
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a decision.
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THE COURT: All right.
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MS. HARDEN: Your Honor, there are a few corrections
,1_,TVW,EENE.BEWARID,CSR,W,DR,
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and additions to the report.
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THE COURT: Let's hear from the police department
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first.
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MR. PURVIS: Hello, your Honor.
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THE COURT: How are you?
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MR. PURVIS: Thank you for letting me speak today.
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THE COURT: Sure.
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MR. PURVIS: This is a first for me. If I could give
9 you just a little background. Travis Jones used to be
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employed by the Banning Police Department when this incident
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was first being investigated. It was brought to light. I
12 was made aware of this investigation. Travis Jones was then
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released on probation. About 18 months later, I believe, we
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found out that another employee of the Banning Police
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Department was possibly involved in this particular case.
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He's mentioned in the police reports.
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And what Travis did for our department is he helped us
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in an administrative manner. The police department hired a
19 private investigator to investigate incidents involving a
20 current employee, and Travis agreed to be interviewed on two
21 separate occasions. He was candid about his involvement and
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the involvement of the officer who we were investigating.
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And because of that cooperation, it helped us critically and
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it was crucial for us bringing our administrative
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investigation to a conclusion.
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So I just want to let you know he's cooperated fully
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investigating at the police department.
.94AVREENE. oEWARD, CSX UR
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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, -1-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 120 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 1 of the report --
it's actually Page 2 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?
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11./TOUEN E. BER7V -ARD, CSR RPR
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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, 30 to 60
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 13350 of the Vehicle Code is appropriate. A vehicle
was involved but if you read 13350, 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 1203.3,
1203.4 and 17(b) after one year, assuming he does everything
he's supposed to do on probation. That's not an issue.
The 13350 recommendation, I can't represent that a
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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 120
based on that.
THE COURT: What would be your recommendation?
MR. SIMON: I'd like to see some. I would ask for 60.
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
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WAVUENE.OEVVARD, CSXUR
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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 60 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 1203.1(B); of the Penal Code. And I'll
order Mr. Jones to pay the sum $505 through Central
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11AVUEN E. BERNARD, CA, RPR
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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 70-dollar CSC fee, which consists of a
40-dollar court security fee and a 30-dollar criminal
conviction fee. That amount went up as of November 1st.
I will find the defendant has the ability to pay
probation supervision fees at a rate of $15 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 1202.4, 1214, 1203.1(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 $200 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 $200 per month down to $75 per month. Maybe it
was contemplated restitution was a matter as well as attorney
fees, I'm not sure, but $200 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 PC296 sample,
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.11A2JUE.9V- E. EW,TIARD, CA, UR.
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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 $200 pursuant to 1202.44.
That sum is stayed pending successful completion of
probation.
Mr. Jones, I am placing you on probation for a period
of 36 months for violating Penal Code Section 550(B) (1). You
will serve 60 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 120 -- not
really reduced, but it was agreed that would be the lid. I
would require you to do 60 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 120. 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
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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.)
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
DEPARTMENT R-2 HONORABLE MICHAEL A. SACHS, JUDGE
PEOPLE OF THE STATE OF CALIFORNIA, ) ) Case No.
Plaintiff, ) )
FWV-1000938 Reporter's
) Certificate )
-vs- ) )
TRAVIS EARL JONES, Defendant.
) ) )
STATE OF CALIFORNIA ) ss.
COUNTY OF SAN BERNARDINO
I, MAUREEN BERNARD, CSR #10158, 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 1 through 9
comprise a full, true and correct computer-aided transcript
of the proceedings taken in the above-entitled cause held on
December 7, 2010, dated this 21st day of December, 2010 at
Rancho Cucamonga, California.
ata&I/l_jDe/t4/04; Maureen Bernard, Official Reporter CSR NO. 10158
(11 a n 1,cirrir enrom Pa n-1,-r. nnm 6,,orrn
Maur Bernard,
Thanky u,
ee1
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INVOICE
MAUREEN E. BERNARD, CSR NO. 10158 Superior Court - Department R-2
8303 Haven Avenue Rancho Cucamonga, California 91730
December 21st, 2010
RE: PEOPLE V. TRAVIS EARL JONES FWV - 1000938
Date Description Amount Paid
12-07-10
Transcript of sentencing
$35.00 taken in Department R-2 in the above-entitled matter.
(Original and one copy.)
(Original has been filed with the court.)
APPROVED TO PAY
BILL TO
ENTERED IN TIMESLIPS„.
MAUREEN E. BERNARD, CSR, RPR