Hey guys, and welcome to today's video. Today we have two absolute buffoons in court. First, we head to Michigan where we have a defendant who loses his plea deal because he forgot that he drank alcohol before getting behind the wheel of a car.
And then we head to Florida where we have a Florida man who does Florida man [ __ ] So, let's begin. Ian Mlan, turn on your camera. This is 251616 SD the people versus Ian Mlan.
Morning James cuz I can't be happy. Mr Mlan, he's going to plead guilty to the reduced charge of operating while intoxicated first offense and the honor had a blood alcohol content of 168 and also we can cancel the jury trial on November 7th. Okay.
And our um Okay. Are you stipulating to that blood blood draw result for purposes of the plea? Yes, sure.
All right. Uh Mr Mlan, tell me your first and last name. First name Ian I A N.
Last name is Mlan. MC C L A I N. All right, Mr Mlan, you understand you're being offered a plea reduction down to an operating while intoxicated first offense.
That's a misdemeanor. It's punishable by up to 93 days in jail, a fine of up to $500, plus statutory cost, court uh statutory uh court costs and uh statutory and court cost. Do you understand that?
Yes, I do. All right. Up to 360 hours of community service.
Um and uh six points on your license. Understood. Yep.
Mr Mlan, did you go over your constitutional rights with your attorney that are outlined on this advice of rights form? Yes, I did. Did you understand your rights?
Yes. [clears throat] All right. And did you give your attorney permission to sign your name on this form?
[snorts] Yes, I did. Understand that if you enter this, please, sir, that you'll be waving the trial rights listed on that form, there will be no trial of any kind. Do you understand that?
Yes, I do. All right. And you understand that if you're currently on probation or parole and you enter a plea of guilty, it could be a violation of your conditions.
I am not under anything of any kind of legal results at all for anything. All right. I have to ask you all these questions.
It's I just need to make sure you know, sir, you understand if you're not a citizen of the United States and you don't plead guilty, it could have immigration consequences up to deportation. Um, I am a citizen of the United States, born and raised here. All right.
Uh, sir, knowing all of that, how do you plead to the charge of operating while intoxicated first offense? Guilty or not? Guilty or not guilty?
I guess guilty. That's not how that works. When making a plea, you are either guilty or not guilty.
There's really no guessing involved. If you agree that your actions met the elements required to be convicted, then you say you're guilty and either you or your lawyer makes a case for how much punishment you think you should receive. I want Yes.
I want you to know, has anyone forced you to what? No, I wasn't. I was intoxicated.
Yes, I was. So, yes, I believe I am guilty. All right.
Has anyone forced you to get you to play? Nope. Has anyone promised you anything other than the plea agreement to get you to plea?
Nope. Are you pleading guilty of your own free will? At this point, yes.
Well, what does that mean at this point? Yes. I mean, it's a yes or no question, sir.
I can't accept a plea if if you're not voluntarily pleading. Do you understand? Um, I do not feel I'm guilty.
I was in a rush to go see my daughter. I forgot that I was drinking. I left my home to diffuse the situation with my ex-wife.
And for the last, were you drunk? And were you driving a car in a public roadway? I mean, that's the thing.
Like, what you're telling me, you just confessed basically. I mean, I don't know how you forget you're drunk, but you just told me I don't feel I'm guilty, but I was drinking. I forgot I was drinking and then I got in a car and drove somewhere.
No, I for Okay, let me rephrase this. I forgot that I had drank the night before because I fell asleep in my vehicle around the corner to diffuse the situation with my wife. The police officer abruptly abruptly woke me up, told me my daughter was running around naked outside and told me to get home.
I drove directly home one block away from my house to go make sure my daughter was all right. I was not, how do I say this? I'm excited to hear it though.
Go ahead. I was more I was more concerned about my daughter than anything else. She was three years old at not an extenduating ser.
I don't know what the heck you drank the night before but you were twice the legal limit. I mean the police report is a. 168.
So you it wasn't like you had a few beers the night before and you decided to get in the car. You were super drunk. You were twice the legal limit according to the the blood draw.
But I'm not going to take your plea if you think you have a defense. I didn't hear one, but maybe you think you have one. You you have a right to a trial.
Let's go to trial next week. And you can let a jury decide if you forgetting you were drunk when you got in the car and operated a motor vehicle on a public roadway like you've given me all of the elements to finding you guilty. I am guilty.
I am guilty, your honor. It's a bit late for that. For the judge to accept your guilty plea, it has to be knowing and voluntary.
If you believe mitigating circumstances precludes you from meeting the elements of the charge, then you can't plead guilty and the only other option you have is taking it to trial. I don't understand what you're saying when you say you don't feel like you're guilty, though. What part of it doesn't feel guilty to you?
I'm being honest, Mr Mlan. I'm being honest. I was I was abruptly woken up and I was not thinking straight.
I was more concerned about my family than I was everything else at the time. I am I'm the only person that takes care of my children for the last three and a half years. I am a single father and I am doing everything I can to take care of them.
And yes, I was drunk, but yes, I did forget that I was drunk at the time. Mr Gaziki, have fun with this one. All right, we're going to jury trial.
All right, I I'll go I'll plead guilty. Yes, I was guilty. That's what it is and that's where it stands.
I mean, what am I supposed to do with this, Mr Gaziki? Uh, can I just ask one question, honor? Go ahead.
Um, Mr Mlan, do you dispute the lab results that you had a 168 blood alcohol? Pardon? I I will plead guilty.
Yes, I was. I was intoxicated at the time. Yes.
So, I'm asking you, do you agree with the lab report that you had a 168 alcohol in your blood system? Yes, I do. I cannot deny that.
So, I mean, here's here's the problem, Mr Biziki. It's not whether or not he's the elements have been met. They clearly have.
It's that the plea has to be knowing and voluntarily. And he's told me he's not really willingly pleading. So the plea is not voluntary.
Okay. I mean, Mr Mlan, that's the issue. Do you understand that?
I can't accept a plea of guilty if if you're not willingly pleading guilty. That's what the law requires. I don't feel I was, but yes, I was.
So, I don't know how to describe this. We're done. All right.
Thank you. Um, we will see you on your jury trial on uh November 7th of 25 at 8:30 a. m.
in person at the 23rd District Court. Okay, we'll just proceed to trial that I'm not making a determination. I'm not taking a plea if it's not voluntary.
So, you're all set, Mr Mlan. Your bond continues. I'll see you next week.
All right. All right. So, it looks like we'll be seeing this guy again in November for his jury trial.
Maybe he can convince the jury that forgetting he was drunk means he doesn't have to pay for his actions. Now, we had the Florida. Well, we have a dangerous Florida man charged with attempted murder who thinks he is the victim.
All right. Um, Mr Ladson with Mr Riowski. Oh, in Is anyone here from Mr Ladson's family?
Were you hoping to make a statement? Joseph Riosi for Michael Allen Lson is present before the court in 2022 CF827. Your honor, this case is set for sentencing after uh jury trial um uh for both uh the possession charge and the the attempted murder charge where he was found guilty by a jury of his peers.
This case had been previously set for sentencing. Uh and the the the the PSI had not been uh adequately completed. It's been uh since [clears throat] then it's been completed and presented to the court.
Uh Mr Ladson has uh um a copy of the PSI and I've gone over it with him. Uh he uh and we're uh present uh to proceed to senate. All right.
Any additions, deletions, or alterations? No, no, you're I need to speak. I put in for a Nelson hear and I've been trying to get him to quit to take himself off of my case and he keeps refusing to do it.
So, I filed for a Nelson hearing. Uh he's been telling me that he was filing. He told me the day we did u the jerk the last uh when y'all found me guilty.
The day y'all found me guilty the second time on the second charge. He told me that he was going to come see me the next day and we were file an appeal. He keeps lying to me and telling me that he's got to wait until after I'm sentenced and all he can sentence is the the the sentence.
He's saying he can't he can't appeal the the the verdict or whatnot. But also I want to mention I know that's that's one thing but I'd also like to mention this here. You not remember when we sitting here, me and him were sitting here at this table and you asked Gomez, well, what do what are these carrying or what are we doing when we come in here the last time to prepare right prior to trial to the I guess the possession charge and he said 3 to five and what five to 10 you said and and you you remember telling him on a couple of different occasions that that there's no men man.
No, you don't remember that? I explicitly did not tell him that. Well, look, the trials happened.
Now we're sentencing. Um, the Nelson is tardy since the trial has happened. As to the appeal, the case really isn't finished until the sentencing is concluded.
So the period of time to appeal has not begun until the sentence is imposed. But isn't his pro isn't his I mean job nec isn't it truly done? I mean once once the once we're I'm sentenced he's not really going to be worried about fooling with me anymore.
Right. Well, but I'd also I'd also like to mention like I said I I haven't been able to get him. you know yourself.
He you've been trying to get me to fire him and I just hadn't done it. Just trying to go along with the court. It seemed like you've been questioning me, making sure I knew what he was doing.
But the what? How is it that that they found me? I believe the the questionnaire was wrong because they asked it.
It's obvious you cannot you can't charge somebody with attempted murder after the police reports clearly states there was three or four earlier altercations. That's attempted manslaughter. I mean, I've been reading up on this.
I' i've been looking. I know I know how the law works anyway. It's 777 what-4 or whatever whatever the numbers are.
Clearly, you don't know how the law works because attempted manslaughter would be a heat of the moment attempt to recklessly disregard life with your actions. You, on the other hand, got into the altercation, left, retrieved a firearm, and then returned to the scene to mortally finish the fight. Those actions show clear premeditation, thus the attempted murder charge.
Yes, sir. Well, that that that issue is gone. The jury has found you guilty of those charges.
And if you believe those were incorrect, then that would be something for the appeal. But you can't get to the appeal until the sentence is imposed. So there's no way right now y'all can just y'all can't just back down to attempted manslaughter.
Make this something reasonable. I've got children out there. You know, I've got responsibilities out there.
I can't just go the I I didn't even speak at the trial. Y'all didn't allow the depos to be used. Y'all didn't allow the police report to be used.
And these are all things that that are part of the the police investigation. These aren't like and then the two my my attorney never did enter the two negative GSR reports that were put in with the with the two uh with the major fingerprints. What happened to what happened to them tests?
Yes, sir. Why can't I get y'all to provide them? Yes, sir.
That that those may be issues for some other uh circumstance, but they're not for today. Today, we're here for sentencing. Um, and I haven't even been to a to a to a pre-sentencing investigation.
When is that? Well, that you've got the pre-sentencing investigation. This is all made up stuff that there there was one guy come to see me in in the jail the other day, but he just all he asked me was my was my family's phone numbers and that's all he asked me and he left.
Yes, sir. Well, I have the presence investigation that's been provided and and I guess technically you really didn't A presentence investigation wasn't required considering your prior history, but I ordered it anyway. And so now we have it and we're here today for sentencing.
So those sounds like all issues that you can take up in an appeal. Um, and you're welcome to do so. And and you've heard me say it many times.
I I have no I have no personal investment in in in how it goes. Anyway, if I made if I made a mistake, I'm I'm happy that the people in Tallahassee will correct me. The last time the last time we was in here before the possession charge.
Was all that recorded? Yes, sir. All our proceedings are recorded.
And I've explained uh for the record, I explained to to Mr Ladson that when I file the um my notice of appeal after the the court enters its sentence, I'll be asking for multiple um court for the the the transcription of multiple uh court proceedings. not just the jury trials but the uh the the preceding uh a few of the preceding uh uh uh hearings and then the the sentencing hearing and and any any other hearings in between state wish to proceed? Yes, go ahead.
[clears throat] Um your honor, we're here to sentence Mr Latson on two counts. one of them being attempted to uh attempted seconddegree murder with a firearm and the second being a possession of a weapon by a convicted felon. Um with respect to count one of that uh the exposure is life.
This is a 1020 life statute. We proceeded under the 1020 life statute. The jury found um Mr Latson and guil guilty of attempted seconddegree murder but then further found the required three findings that he committed it while possessing a firearm that he actually discharged that firearm and that he uh caused great bodily harm to the victim by discharging that firearm.
Um the facts of this incident just I'm not going to harp on them but just to be brief um this incident was where the defendant had a runin with the victim and his friends. He was told to leave the premises. Uh about an hour went past and Mr Latson chose to go and get a firearm to load that firearm, bring a loaded firearm into a public building and discharge that firearm.
Uh I think we are extremely lucky that the defendant or the victim rather did not die that night. That sounds like attempted murder to me given the individ or the defendant's status as a convicted felon. Um, count 2 is going to carry with it a mandatory minimum sentence of 3 years.
Um, given the potential exposure, I believe the minimum guidelines shows 272. 55 months in the Department of Corrections. Um, this is a 25-year mandatory minimum because of count one.
On count one, there's 25-y year mandatory minimum. Um, we do feel as though um, even still, the defendant is showing absolutely no remorse for the actions that he took that night. um he is still trying to find every little possible way out of facing accountability and responsibility for those actions.
Um your honor, because of this, we are respectfully requesting 40 years on count one, 25 years of it being a mandatory minimum sentence, and then we are requesting 15 years as to count two with three years of it being a mandatory minimum sentence. Those would run uh concurrently, your honor. Mr curiosity.
Your honor, um Mr Latson, um the the um uh we we never went really went into the um the the proceeding uh what happened prior to that because uh the victim had passed away from unrelated uh um issues. uh if if he if he was able to take the stand, we would have been able to to discuss some of the the preceding um events that had had occurred. Um [music] in in mitigation um the victim there was there were a number of arguments prior to uh prior to the the uh Mr Latson entering the the the bar.
Uh he was uh they occurred um at other bars. They uh and during the during the evening uh and um at one point he was pushed down on the sidewalk uh uh in front of uh chasers. Um and uh this does it's not a uh it's not certainly not a justification for uh entering a bar and discharging a firearm.
Um the but um uh they um they they shoved him down on the on the on the pavement outside. Uh the testimony at trial there uh he entered the bar and and pointed the the gun at uh the victim and uh there was uh inconclusive testimony as to as to uh whether he was struck in the face uh prior to uh discharging the firearm or um or um the firearm was discharged uh at the same time. Um, so I uh it it's possible that Mr Ladson uh wasn't going to was just going to um uh angrily assault the victim.
Um uh it certainly is possible that uh when the gun was discharged that uh uh the victim might have might have uh been shot in a in a more egregious uh location. Um the state had argued at at sentencing that it was that uh or at in in at in their final argument at trial that um you know but for him him striking Mr lands it in the face. It might have um he might have uh been shot uh more um uh fatally basically, but uh uh the it's it's a possibility that he uh that it might that that Mr Ladson's purpose wasn't wasn't necessarily to to uh to to fire the weapon.
Then why did he fire it? And I'm sorry, but as much as the defense attorney is trying to mitigate the circumstances for sentencing, I think it's a very poor argument to say that if he didn't get punched in the face while trying to kill somebody, he might have unfortunately been successful. Now, I don't blame the public defender, though.
He's doing the best he can while working with less than nothing. And I um I'd ask the court to consider that in sentencing. Um uh 25 years is a a significant sentence.
Uh the court has entered a a sentence uh today on on felony murder uh where where two victims um dis uh were deceased uh uh of um in a plea agreement uh for 25 years. Uh, and I think uh in this case uh where the victim uh was injured uh that um that a 25-year sentence is is um is just and um and appropriate. So I asked the court to to sentence Mr Ladson to the 25-y year minimum mandatory sentence and and run all the rest of of the of the sentences concurrent with that.
Allow to say one more thing. I didn't I didn't uh testify myself. I figured just the physical evidence alone would take care of everything itself just because the physical evidence did not point towards me having a gun or firing one.
But u [clears throat] I never I didn't even have a gun that night. We we got in a fight over the gun cuz they come over him when we was fighting. They come over him and tried to shoot me.
I took I was trying to take possession of the gun. And that's why I keep bringing up the fingerprints because there would have been seven or eight different fingerprints on that gun. So, I mean, I I understand you saying that you can't make any special accommodations, but is there not a way I can can I not claim a mistrial or something?
There's got to be something I could do, right? I mean, I don't understand how I can just be left here hanging. There's got to be something.
And I've got I've got money on the streets. I've got a trust fund. I could get my own attorney.
I I I looked in I got uh I I looked in through the jail to get them to get me like a a case worker or whatever so I could, you know, take care of finances or whatever on the streets since I don't have anybody to help me out. And they told me they don't offer them services. Right.
Anything further in on your sentencing arguments? Nothing from the state. Nothing from the defense.
And I understand your argument about, you know, sentences and consistency. What's the difference between this case and the case that I just issued a 25-year sentence on? What's the difference between that case and this case?
I mean, the the defendant entered a plea. He um with agreed upon sentence with the state. Yes.
It wasn't agreed upon then. And so um I don't accept every plea offer I get but when there is agreements uh generally that's the situation. So that that's a for the record your my comparison was more in the in the fact that there were there were two bodies in that in that sentence and and there are no bodies in this in this case.
Mr Um, Meeks was uh was shot and and wounded. Uh, but he recovered and uh and and that's and that's the gist of my of my argument with regard to the the 25 years is a significant sentence and and appropriate for a u a scenario where where there's no one no one suffered a fatality. And how is it, your honor, like my I've got my siblings went to school with a fellow named Donnie here a couple years ago, shot four people and he did four year and admitted to it and got four year he did four years to the day.
How How is that y'all are going to hit me with 25 years? It's it's not fair. I mean, I don't know the boy's last name, but it's definitely not fair treatment.
Well, life's not fair. And it's even more unfair when you choose to be a lifelong degenerate criminal. But now it's time to close out this ordeal and send him away to his new home for the next 25 to 40 years.
Well, the law says that under the circumstances presented, I can't do anything less than the 25. That's what the law provides. I don't have a choice in that matter.
So the real question is, should I do more than 25 based upon the evidence that I heard at trial? Mr Gomez is arguing that based upon the evidence that I heard at trial and after reviewing the the sentencing the pre-trial investigation that 40 years is appropriate. Um and uh so that's the question but the 25 is the minimum that I can lawfully give because of the uh 1020 life uh statute and based upon the jury's finding.
So I I don't have the ability to do anything less than that lawfully. Um and so that's that's the only question. and and the the charge carries the potential of a life sentence and the conviction carries the potential of a life sentence um with the 25 minimum mandatory based upon the nature of the charge.
And so I I've read carefully the uh the presence investigation and read the circumstances. Um um the um and I understand that you do you do have children and you do have family and um you know your your criminal history is is in some ways significant but in other ways episodic. you know, it doesn't show a a consistent persistent pattern behavior um that I see in some cases.
And then I also read some of the the information here which to the court suggests that there are some mitigating circumstances here which would induce me not to impose a life sentence which um under ordinary circumstances of uh the jury's finding would be clearly something that I would do of uh coming into a public place a crowded public place and um intentionally shooting someone as the jury has found. I know you can test that that's the truth, but that's what the jury's found and that's what I'm bound by. Um ordinarily, I would think a life sentence would be the appropriate sentence under those circumstances because of uh what that does to public confidence and and trust in being safe where we are and safe where we want to be.
um that uh creates an environment where uh it just is is not acceptable in in our in our society and environment. Looking at the mitigating circumstances described, I can see that there are things that would tell me that I I I I'm I'm that might not be the circumstances. But then also reading it, it seems that um um there are other circumstances that make me question whether or not um that isn't the appropriate um particularly the uh ongoing substance abuse and erratic behavior that significantly impair your judgment, rendering you unreliable and contributing to emotional and behavioral instability.
estrangement from your children and persistent conflict with extended family members uh which have deeply strained familial relationships. Um, and the fact that the recent arrest uh simply underscores a pattern of poor decision makingaking and an inability to avoid high-risk situations suggesting the presence of under unresolved underlying issues. And so, particularly when the court considers, even if I were to accept all of the facts that you've given me as true, that you were abused at the hands of these people, there was a period of time of almost an hour from everyone's testimony between these interactions and your decision to go home, according to the testimony and the finding of the jury, to go home, procure a firearm, and comes back to the bar.
Even if it wasn't you procuring a firearm, even if it is, as you said, someone else had a firearm and you grabbed the firearm, you were told to leave, but instead of leaving, you decided to come back and have another confrontation, putting yourself clearly in the zone of danger and putting other people clearly in the zone of danger. That's consistent with the findings. I I'm I'm not convinced that if I don't impose a significant sentence on you that the public is going to be safe and is going to be in a position of uh of uh being assured that they can be safe in their environments where they go.
So, uh, under the circumstances presented, uh, I'm going to impose, uh, on count, uh, on count, uh, two, I'm going to impose a 15 years state prison, um, on count two, uh, concurrent with count one, and 30 years state prison on count one, 25 of which is minimum mandatory, and on count two, uh, 3 years of which is minimum mandatory, no supervision to follow. Well, there you go. 25-year minimum, potentially 40.
And that's not because Florida's feeling generous. It's because the second you grab a gun as a previously convicted felon, the law basically says, "Congratulations, you've unlocked the game of life. No parole edition.
" Now, this guy didn't just snap. He argued, left, grabbed a gun, and came back shooting. That's not heat of passion.
That's attempted murder. So, if you like the video, hit the like button. If you disliked it, hit the dislike, but don't forget to leave a comment below and subscribe with notifications on so you don't miss any of my content.
I'm Team Skeptic, and I'm out.
