Showing posts with label Judge Kendra Coleman. Show all posts
Showing posts with label Judge Kendra Coleman. Show all posts

Wednesday, November 13, 2019

What the fish?

As far as the courts then tell me how the lawyer we hired wants to quit after showing to one court hearing & his comments after was that they hate him for some reason & then he wants to quit. Reminds me of when they illegally tried to arrest him for something by threatening me to say I seen him with something. When they released me thT next morning but kept him in jail, I had called up to the Sante Fe police department to talk to someone about that case & find out who the arresting officer was & the man pulled it up & all he said was it was a complicated case.
   Well, I bet it is complicated since it was illegal & unjust whatever it was & it was 4 cop cars that came in front of us from 2 different directions & for no reason at all. They even drew pistols & they told me they just wanted to talk to him & pulled him off in a different direction than me. I need to find out what happened because as soon as they done speaking to him is when they tried hard to scare me into saying I witnessed seeing him with something. Now, that would make a complicated case because it itself had no probable cause & something is not right here niether & thats why I put in the motions I did. Because from what I understand the D.A. is not supposed to prosecute a case with no probable cause. And with my motions then there is no doubt about it they know there was none.
   So now they set it for trial & that court hearing nobody even seen & we know nothing about it. We have called the lawyer many times & there no responce back.



IN THE DISTRICT COURT IN AND FOR OKLAHOMA COUNTY
STATE OF OKLAHOMA

STATE OF OKLAHOMA,            )
                        )
                Plaintiff,    )
                        )
v.                        )    Case No. CF-2018-4243
                        )    Judge Kendra Coleman                                    )
RICHARD URRUTIA.            )
                        )
                Defendant.    )



Motion to Suppress Evidence obtained against 4th amendment rights and dismiss charge of Count 2.

I, Richard Urrutia jr., come before the courts with the motion to suppress all evidence obtained during an illegal search and against my 4th amendment rights and to dismiss count 2.  (The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.)

Summary and Overview

   On Sept. 2nd, 2018 an officer got a call from a man stating that he was the brother of someone who's truck had been stolen the day before. That he has spotted his brother's truck, and has been following it. That it has pulled into a small shopping center off SE 44th & High ave. in Oklahoma city. 
   By then the truck owner arrives at this location; as well as the officer on the call.  The brother of truck owner then informs the officer he seen the guy get out and walk into the store across the complex, and he was a mexican man who was wearing a white shirt. The officer departs and walks over to the store leaving the witness and the truck owner behind. 

Findings to support illegal detainment with lack of probable cause and suspension

   Witnesses say that as soon the officer entered the store and seen Richard Urrutia standing right inside the doors that the officer called him out by his real name. That he had asked Richard what truck he was driving and the witnesses stated that Richard replied to the officer and then began to walk away. And at that time the officer threatened to tackle the defendant and they said Richard froze; whereas then the officer cuffed the defendant and searched the defendant before they ever left the counter.

It requires that officers have an objectively reasonable basis for suspecting criminal activity before detaining someone. In addition, before conducting a pat-down, officers must reasonably suspect that a subject is armed and dangerous. Officers can, however, ask people to stop and answer questions without reasonable suspicion.
One does not have probable cause unless he has information of facts which, if submitted to a magistrate, would require issuance of an arrest warrant. Mere suspicion is not enough. Mallory v. United States, 354 U.S. 449, 77 S.Ct. 1356, 1 L.Ed.2d 1479 (1957).

 An arrest is not justified if the person arresting acts only at the request of a third person who himself has only a mere suspicion of guilt of the arrestee, and does not have probable cause.1 Whitely v. Warden, 401 U.S. 560, 91 S.Ct. 1031, 28 L.Ed.2d 306 (1971). 5 Am.Jur.2d, Arrest, § 45. The officers' "good faith is not enough to constitute probable cause. That faith must be grounded on facts . . . which in the judgment of the court would make his faith reasonable." Welch v. State, 30 Okl.Cr. 330, 236 P. 68, 70 (1925

Probable cause- It is also the standard by which grand juries issue criminal indictments. Enough proof that if you introduced it to a magistrate it would be enough for a search warrent to be issued. 

   The officer escorted Richard out to the squad car while he spoke to the truck owner and according to the truck owner he stated to me that he had told the officer that he had not wanted to file charges on Richard because he believed he had not known nothing about the truck and he also told me what Richard said to him as the officer was escorting him out. And he told me that he believed him. 

In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. 

The fact that afterwards contraband was discovered is not enough. An arrest is not justified by what the subsequent search discloses . . ." 361 U.S. at 103, 80 S.Ct. at 171.

¶6 Since the officers had observed no incriminating actions, and standing there in line at the registar as being outwardly innocent, the only basis for arrest was the informant's undisclosed report which was insufficient to establish probable cause. The details of the report concerning defendant and "the manner in which he was implicated remain unexplained and undefined. The rumor about him is therefore practically meaningless." 361 U.S. at 103, 80 S.Ct. at 171. 
   
Even if probable cause had been provided by the informant, no exigent circumstances or compelling reasons existed. It is the rule that "no amount of probable cause can justify a warrantless search or seizure absent `exigent circumstances.'" Collidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971).

Mere information from a third party, however, reliable, that a felony is being committed, without an effort to check its accuracy by personal observation,  where discovery is anticipated, would of itself be insufficient to authorize either issuance of a warrant or a search without a warrant."

   Taken into consideration that according to the cashier standing at the registar that day and the witness I spoke to who was standing directly behind Richard Urrutia in line, then the officer had automatically decided Richard had quilt before ever establoshing probable cause that efficent enough by the courts for his arrest that day. The officer searched him without probable cause and inside the store before taking Richard out and even discovering any facts from the actual truck owner and not soley his brother's word before he continued. During this search I was told the items were established according to the cashier who stated that then the officers had asked him if Richard had used cash or a credit card and he had replied that Richard never had a chance to pay for anything yet. 
   Taken into mind that probable cause was not found before or after the search making Count 2 invalid then I request the courts to suppress that evidence and dismiss this case. 

                       Thanks,  Richard Urrutia jr. 





IN THE DISTRICT COURT IN AND FOR OKLAHOMA COUNTY
STATE OF OKLAHOMA

STATE OF OKLAHOMA,            )
                        )
                Plaintiff,    )
                        )
v.                        )    Case No. CF-2018-4243
                        )    Judge Kendra Coleman                                    )
RICHARD URRUTIA.            )
                        )
                Defendant.    )

                     MOTION TO REDUCE CHARGES

   On September 2nd the defendant Richard Urrutia was unknowingly approached and searched; and in his pocket was a single bag of narcotics with no other paraphernalia found, no scales, no extra baggies, no other types of narcotics. Nor does the defendant have any type of history of that kind and the defendant states that he was charged with Trafficking on that day of September 2nd solely because the weight of that bag barely touched the minimum grams needed in order for it to be filed as Trafficking if someone chose to do it that way. And the defendant chooses to file a motion in order to correct the charge to something it better implies. 

         SUPPORTING FACTS

   At his arrest the defendant was at his local convenience store and not trying to sell, nor distribute, nor was he traveling or trying to conceal, or hide anything and especially not Trafficking or traveling outside of his own area. There are no supportive facts than show any other besides a simple possession and all facts show this is likely what it was. The defendant had no other narcotics present, nor did he have scales or other bags available, and the contents were in one single bag and no other paraphernalia was near. The defendant was not selling anything, nor did it appear he was, and there were no items used for manufacturing near him or on him.  

 The defendant has no criminal history towards previous charges of Trafficking, or towards intent to distribute, and all he has as a subsequent offence is the prior possession charge going back to the year 2012 and making that almost 8 years ago. The defendant has no recent cases established since and that case and it was closed in 2013. 

   The defendant swears all he has is a habit and the reason he had 24 grams in his pocket at the time was solely because he was maintaining a full time job and had another part time job he did on the side prior to being stopped that exact day of September 2nd,2018; and therefore was unable to go out each day in order to maintain his habit and so he purchased enough to get through the week. 

   The contents of that bag of norcartics according to records show it at 24.75 grams which is consistent with the amount likely used on a weekly basis and the defendant had no other narcotics, no other baggies which made the narcotics totaled up together, nor any scales in his pocket at the time. The defendant solely had one bag and nothing else which appeared to be nothing but an addiction problem, and a possession of narcotics used only for personal use, which weight of bag still did not even count for an ounce which is still under the rational amount for possession . Therefore it is most likely the defendant did indeed plan on using those narcotics for personal use only. 

            SUMMARY
   
   Taking into consideration that the defendant was found with what seemed to be only a possession then we are petitioning the courts to lower the charge of Trafficking to a lesser charge of possession. 
  

                                                     Signed by defendant
                                                           Richard Urrutia jr. 
  
     
                                                   This 25th day of June 2019

Tuesday, April 23, 2019

They say not to be a prisoner of your past, but you are when you are dealing with the system.. !

  
   Today we went for a bond reduction hearing & instead of looking at the case these days, the District Attorney's office brought up the charges he had on Richard when he was 18 & 20 years old. That's 24 years ago & why should it matter in a case today?  He was a kid then & those type charges have not applied since then either & so why does it have a bearing on his life today?

    He had finished his time for that & we are talking about someone's life which has changed & since they been released they have had no charges referring to actual crime being done & all he has received is this possession charge.

  After being incarcerated now 9 months & after all the work we been trying to do., we asked for a bond reduction court date & finally got it. But at the hearing, although Richard's Attorney Micah Sielert covered the difference in Richard's life these days, & he was working & would be allowed back at his job upon release.. That Richard has lived here all his life & he has his family was here too. That he has people to stand by him too. BUT MOST IMPORTANTLY this case was set at $58,000 & the defendant had been in that jail for 8 months & because of inability to pay, then the family had asked for a bond reduction.  Rules are that a bond is not meant for pre-trial detention & supposed to be set at ability to pay. 

   MICAH SIELERT did an decent presentation of the facts & I was shocked to hear the DISTRICT ATTORNEY 'John Brewer' who came in & he took Richard's charges that he had 20 years ago & used them as if they were a current case now...  Never did he distinguish this, nor did he clarify what had actually been within the last 10 year period that supposed to matter.

Richard had charges from 1995, when he was 18 years old & that was almost 25  years ago.  The others were 18 years ago, & that's the jist of his charges that hold him as a felon & as being a violent offender too. So hearing the life of an 18 year old gang member instead of even the last 2 decades, caused the Judge to decide to keep him at an outrageous bond amount that was not set for his current charges as a single offence, or within a 10 year time period... 

Richard has had nothing since his last release, besides this illegally obtained search & harassment, which did help lead him back into a continuous cycle that even I have given up on the system ever letting anybody make a change because Richard's past will always define him & that's all they give room for.  
And crazy as it sounds a case that is for others a misdemeanor charge they choose continue to stick with15 years prison sentence as the offer even though it shows to be a possession charge naturally & then even offered to reduce to that.
Besides these old cases then Richard was only in trouble once & that was 7 years ago when he grabbed a toolbox out of the back of a truck. They have it listed as Burglary 2 & for that one incident in 2012 he was incarcerated 5 years, & now it's another possession & they want to throw 15 years in it because of what he did when he was a young & that was 25 years ago.  Richard grew up on SE 23rd & Central which was the very worst side of town. I don't really have a record myself but I grew up in Moore where nothing goes on & I never been apart of surroundings being bad. His side of town was extremely violent & he has changed his life enough that in the past 18 years he was only arrested for this petty case & another, & the other had been 7 years back, which is nothing much. And for why was it all for when they use your past, which you done learned from, against you while you doing good.. .?
 (it's always a life sentence with the system & that's why stastitics prove that once someone has been incarcerated it continues to repeat itself)


  (" We all have a past, the difference between those people who achieve thier dreams & the difference between those who don't is they don't let the past define them.")
   ("Your mistakes don't define your character, it's what you do after you have made the mistake that makes all the difference.")

   I have learnt that it's always a life sentence & that's what causes things to never change! That's why all these new laws won't change a thing either, because they find a way to not make it pertain to you. Once someone offends then their life has become that even after they finished their sentence & even if they been trying to change thier life.

  The cops have harrassed him anyways ever since he returned to the streets & YOU CANT FIGHT NOTHING IN OKLAHOMA COUNTY BECAUSE EVERYTHING THE REPRESENTATIVES DO HERE IS ILLEGAL & THEY DECIDE WHO THEY WANT & THEY MAKE SURE IT ENDS THAT WAY. 

  While everything they do has 'just cause' & officers get away with murder, even though most all those cases are unarmed men, & these officers kill someone because 10 officers feel threatened by one man carrying a stick!  
( https://newsok.com/article/5575356/da-clears-okc-police-officer-in-fatal-shooting-of-deaf-man )

    I feel the 10 years after a sentence is already crazy because they give someone a 5 year deferred & then make it to where even 10 years after that it still matters. Don't they mean a 15 deferred because a deferred is basically promising that you won't get in any trouble for those 5 years or else you will do time. But even 10 years after then you get in trouble your gonna do that time still because that gives you priors & see so whatever they have you on doubles. So you best hope it is not a rough charge because it don't matter how minor your prior charge was because enhancements don't work like you would think here. Enhancements are not for repeating the same type charge like I thought.. . Enhancements come solely because of previous charge, or charges..  

  Well, come to find out now it's really a life sentence once you have had a charge because  the ones they brought up at Richard's court date which made him sound like a violent offender were the ones that happened  22-24 years ago. Not anything was mentioned by the Prosecutor in that case today that was within those 10 years back even. Otherwise he would not have those type charges to make his case sound bad at all.

  It seems to work because this is actually giving them reason to charge him with 15 years in prison over a possession charge,!  So why not just call everything a life sentence & just leave it at that !

   You would think it would be based on your recent life & that's why they say once someone goes to prison then it leads them back again & again. Maybe it's not them & maybe it's because we never accept their change & therefore never allow it to stay that way! . 


I guess its legal but the law is fucked up & people dont live all that damn long once adults. My mom died at 53 & so I might have 30 years to live as well as an adult. If you take a 10 year deffered & then add 10 years after that in order to say somebody has priors & use it to convict twice harder.., then you may as well of called it a 20 year sentence. Nineteen years later if you caught a case then they come back & use it on you in order to give you twice the punishment is crazy because you did your time for that case & been good for 19 years, & its still going to fuck you because thats how they like to do things. ??? 

  • Allows for enhancement of sentence for those facing criminal charges alleging they committed a new offense within 10 years of the completion of a previous sentence. (Not the sentencing date, the completion of the probation or discharge of the prison sentence.)

*** So they go by your sentencing date when they come up with the laws changing although you have not been sentenced yet. But when they want to convict you then your sentencing date is not what matters. I GET IT. THEY ARE HYPOCRITES.** 
           Yours truly,   STACY PRIVETT

Where does Justice reform sit & I feel like problem with system is justice fairness & people being treated equal

  Richard Urrutia recently signed for 10 years in prison on what was a simple possession. Sat in county a year & a half fighting it ...