Hey guys, and welcome to today's video. Today we have a male Karen with anger problems who felt disrespected by some bike riders while he was driving his truck. So, we thought it would be a great idea to run them over and then act like he was the victim in court.
Originally, the court bent over backwards due to some medical conditions he has and gave him probation, which he then [ __ ] up by not following the court's orders and then threatened the judge's staff and probation. Now, before we begin, I just want to let y'all know that today I'm a bit under the weather. So, there might not be as much commentary in this video as normal, but it's still a really good one.
So, let's begin. This is file 23-25, excuse me, 232155 FH or FY. Okay.
So, Miss Tras, are you still there? Yes. All right.
Uh, so this is a probation violation hearing. Uh, Mr Elhart, you've been retained now to represent Mr Fos. Are you prepared to go forward with a hearing this morning?
Yes, sir. Okay. So, Miss Trasa, if you could please raise your right hand.
Do you swear or affirm that the testimony you're about to give will be the truth? So help you God. I do.
All right. And if you could please start by telling us your name and how you're employed. Amanda, probation officer for Leel County with district court.
Hang on just a moment. Mr Elhart, if I may, your honor, this is here to admit that he is unable to do the community service work. Okay.
So he wants to enter a plea. Yes. What about the added violations for uh [snorts] let's see failed to continue counseling with the cancer center disrespectful with court employees and care providers and acting in a threat intimidating harassing manner.
Okay. So then uh Mr Faz is that correct? You're uh changing your plea in this case to uh guilty of the violations.
That's what you want to do is plead guilty. That's his direction. Yes, sir.
Okay. So, it's still your decision, but uh I understand you've consulted with Mr Elhart and that's what you've decided to do. Yes, sir.
Okay. So, uh before I take your plea, I want to make sure you understand that uh you do have right to a hearing at which Mr real heart would represent you and you're choosing to wave that right. Correct.
Yes. You also understand that the worst that could happen is uh for this conviction of leaving an accident causing injury as you could be sentenced to up to a year in jail. I don't understand that.
I thought we'd already been through that. You went through all of that at the initial trial where they found you guilty and sentenced you. But this is different.
This is a violation of a probation that you were put on in lie of your jail sentence, which means you could be discharged from probation and face up to the maximum time in jail allowed by statute. Nevertheless, the judge is only advising him of what his potential maximum sentence is, which is a year in jail, which if you ask me, isn't nearly enough time for this piece of [ __ ] to serve in jail for what he did. Well, that's the the worst thing that could happen.
Do you want to talk to your attorney some more about that? By violating probation, the worst thing happened is the maximum. Okay.
So, you understand that, correct? Okay. Uh as Mr Elhart answered all of your questions to your satisfaction.
Yes. And uh no one's used any force, threats, coercion, or made any promises to you to get you to wave your right to a hearing this morning, have they? I'm going to say no, sir.
All right. Then uh [clears throat] the report indicates you were placed on probation back in October of 2023 for leaving the scene of an accident causing an injury. And as a condition of that probation, you were to complete 30 days of community service work within the first 180 days.
Is that uh true? Yes. And uh the fact is you did not complete the 30 days and the 180 days.
Correct. There's also an allegation that you failed to continue your counseling with the cancer center as ordered. Is that true?
Uh true with extenduating circumstances. It's not true that I refuse for I'm not doing it. Um, as I've mentioned before, a letter was sent from the pearl office without my permission or knowledge to my medical providers asking for information on my medical records.
When I found out about that, I called my medical provider. They said they deleted the email. Right?
This went on for about three months, me trying to get the email from my provider. She went to legally refused. And because of that, because of that letter that was written by the probation department and my asking about it, they discontinued service.
They refused service because they didn't want to get involved in a legal case. I also went to my um Okay. So, I'm going to give you and Mr Hart a full opportunity to explain the circumstances of these violations.
But for right now, I'm just trying to establish if you're pleading guilty to this. Uh, for whatever reason, you did not complete the counseling that was ordered through [clears throat] Cow Cancer Center. Correct.
Correct. But not due to my circumstance, due to their circumstance. The answer is yes.
Yes, sir. Okay. So, uh, is it also true you were disrespectful to court employees andor service or care providers?
I was honest with them. Okay. But would you agree uh that you were disrespectful to them?
To me, sir, that's a very subjective term. Well, we can have a hearing on that issue. We can have Miss Trasa go through all of the emails and other correspondents.
I've got them too. I've got them here as well. And if you if you mean saying [ __ ] you and the horse you wrote in on to writing that letter and other things like that.
Yes, I did. Okay. If you call that disrespectful, yes, that was disrespectful.
All right. So, and then uh it als the uh allegations are also that you acted in a threatening, intimidating and harassing manner. [clears throat] towards uh other persons is attribute.
No, sir. Oh, really? Well, they're about to go over everything he did and said to the victim, the court staff, and probation, and I'll leave it up to you guys to determine whether he was intimidating, threatening, or harassing to everyone else involved.
Yeah. For the purposes of this hearing, um I suggest we uh go with the three that you've admitted to. And um you can take into account whether or not you think the board is appropriate to consider for retaining system.
All right. So uh Mr Alhard, are you okay with that? I am not.
All right. So then Mr F uh to the first three allegations, how do you play? Yes, I'll accept your point.
It is voluntary, accurate, and understanding. And Mr Elhart, what else would you like me to know? Thank you.
In the sentencing phase, now your honor. Yes. Thank you.
Mr P was you received I think a copy of a letter dated nearly a year ago where he was given two years to live. He may not make it to his next birthday. He's under daily chemotherapy.
Uh cancer has spread to his bone. The rest of his body and the liver is at right lymph nodes. Um and I'm sure he's undergone brain skill modifications to his temperament way behavior [clears throat] to everything else due to him.
I'm very certain in looking at you know his history and talking to about his history what he's done for our country that he was exemplary citizen has changed who he is and what he is doing his behavior may appropriate [clears throat] um certainly I understand to dismay uh that his medical rights were violated. By the same token, I understand what was going on. Um he can't do any work of any kind.
U barely make it here today. Mr Harp, are you aware that he was given the opportunity to consult with the probation agent to try to come up with non-physical activities that would count as community service work such as writing letters to veterans? I wasn't aware of that.
I wasn't aware of that either, honor. That's never been proposed to me. Right here in open court.
Okay, go ahead, Mr What was right here on Court of Your when we were here on the first probation violation? Okay. Thank you, Mr Fox.
Is there anything you'd like to add? Um, yeah. There's a lot that I'd like to add, your honor, but it doesn't really pertain to what we're doing here today.
I've been really disappointed by the professionalism exhibited by the probation department, my violation of my rights. Um, the scales of justice don't seem to be equal. um inflammatory language refuses um inflammatory language like that uh it's not accurate.
It's not true. I was not I never acted in a threatening, intimidating manner. What I do demand is service from my um public employees and refusal of service um is unacceptable to me and that has happened um with probation and not probation with um uh my for requests.
You seem to have a problem with people who just don't give you your way. And that's petulant loser mentality. And I'm not sure that you understand that you're not the only person in this world that matters because I'm sure that your victim expected his fellow citizens to have some sort of decorum when in public and not run them over with their truck because they felt disrespected.
And when I when I receive um push back like that, um I don't think I've made any uh unrealistic requests. Uh I'm not familiar with how the legal system works, but when I am refused service, um it makes me a little irritated. I expect professionalism from my public employees and I admit I've not been professional and then I rate and I get that way very easily.
part of this, you know, as we mentioned before, testosterone is a huge impact on that. It changes your personality. I had a doctor's appointment last week.
I mentioned that to my doctor and he said it's an effect of testosterone. And the reason I'm unable to perform these tasks is because of my testosterone levels, my chemotherapy, my sicknesses. The reason I missed my last appointment for pation and I mentioned this to Miss Tras.
I wrote her a letter. I'm very sorry I missed the appointment. I was ill.
I don't get my mail every week. I apologize. And I asked her if there was something I can do to mitigate the situation.
I never received a reply. So, it's not that I'm fighting and refusing to do what you're asking me to do. I will happily do if I could, sir.
I would happily do what you asked me to do, but I'm not physically able to do it. I've mentioned that I would be happy to pay a fine um to help out the community. Um but physical activity serves.
All right. Uh Mr Chamberlain, anything for the people? Your honor, I agree with Mr F that the scales of justice are not equal in this case because he was charged with a felony and could have been charged with two others forced assault.
[snorts] Your honor, he got mad at someone who flipped him off. He turned around, drove his vehicle right at them, slammed on the brakes, and one of the people got hit. That person was in the hospital.
They had their leg split open for I believe it was four days with a pressure bandage. So from about the top of the knee to about the top of the thigh. And that was due to his actions, due to, as he said, his anger.
Mr Elhart said, "Cancer has changed him. " Well, then that means he's a public safety risk. Your honor, I just because I ran the guidelines in this case and had he been convicted of just what was on here, he's looking at 0 to 14 months.
Had we increased it to the two additional felonious assaults, it would be 7 to 23 months. That's OV1 for using a vehicle as a weapon. OV2 for the potential lethality of the weapon used.
OV3 25 points for lifethreatening and permanent and/or permanent incapacitated impairment. OV4 10 points serious psychological um requiring uh therapy and other medical intervention. OV9 number of victims there were two to nine placed in danger.
OV 17 10 points for driving recklessly disre um disregarding uh life. Your honor, Mr Fos thinks he's the victim here. You look at his information and or the emails, excuse me.
And this is what he says for the victim. To be bluntly honest with you, my opinion is the legal system is [ __ ] My honesty lands me in hot water. Menendez dishonesty lands him thousands in cash.
That's [ __ ] Really [ __ ] Your honor, the only reason Mikey got a misdemeanor was because if it was an intentional act, we were concerned that his car that his car insurance wouldn't pay for all the hospital bills and everything else that happened. We actually see this a lot and I hardly ever explain it, but sometimes the courts will reduce a charge or take a plea of no contest when there clearly should have been a plea of guilty. and they do this for civil purposes.
In this situation, they reduce the charge because if they didn't reduce the charge, then the asshole's insurance company may have denied a claim due to the intentionality of the crime, which ultimately would have left the medical bills that needed to be paid in the victim's hand, burdening him even more. It's not ideal, but since it's done to help the victim, I understand. he got a gift of a misdemeanor where he needed to do um community service to be done with this case.
As you said, there's many non-physical activities that could be done. My suggestion, I remember at the hearing was that he could go to a humane society and just sit and be around the animals to help, you know, to help them essentially. Your honor, if he had wanted to do community service, he could have done community service.
He's been disrespectful the to the court. He blames the court for everything. He blames the victims for his actions.
I don't know what you should do, but I do know that he's a public safety risk because as he said, he becomes I rape and it's due to his medical conditions. Um, something has to be done. I don't know what it is and I'm going to leave it to you to make that decision.
All right. So, this is sentencing on a number of probation violations. Uh initially the concern was a fail [clears throat] to complete 30 days of community service work which was intended to uh be in lie of jail time taking into account Mr Vos medical condition and uh Mr Faz was given the opportunity at the first probation violation.
Uh well, it wasn't a probation violation hearing. We we had a review hearing to determine how to go forward. And at that time, what I recall is Mr F refused to provide any medical information of any substance so that I could even verify what his uh situation was and whether he was physically capable of doing community service work or not.
He continued to uh give the probation department a hard time at every corner. uh even pursued them with foyer requests asking for uh why uh his original probation officer, Miss Hulls, left her position. foyer requests uh to investigate them and uh actually my probation department I think protected me or maybe Mr Faz I don't know from the worst of the uh disparaging statements that he made about the court about uh the probation agents and uh Mr uh Chamberlain hit on some of it.
That's just the tip of the iceberg. Uh telling our probation agent, you need to back off and mind your banners, little miss. Uh thanks for really effing me in the back end.
For someone who seems to not like getting effed in the back end, you sure do let your emotions f you in the back end at every turn in life. Uh, you're nothing more than a bully with assumed powers. Mr Fos referring to his probation agent.
Uh, you asked if I would sign a release of my medical records. I refused. You lose.
I will give you the letter of disability. Uh, which you didn't ask for. If you can't tolerate someone challenging your supposed authority, become a librarian.
Government employees are pieces of [ __ ] ignorant, lazy, don't do their jobs. You know, I don't care what you say about me, but you're talking to someone who comes in every day, does her job, tries to do the best that she can. And Mr Elhart uh said something about, "I know people with cancer.
Yeah, I've got a mother-in-law who has terminal cancer right now. I can't imagine her with as much as she's gone through the last few years ever behaving in the manner that you have. So, uh, yeah, that's just the tip of the iceberg.
I I wasn't aware of all uh of the disparaging statements that were made until reviewing uh for this case uh this morning. Can you say something? No, it's my turn.
The uh idea that the defendant was not able to complete community service work, as Mr Chamberlain pointed out, is simply not true. Uh he was given the opportunity because of his health condition uh to come up with ideas for how he would do that, including writing letters to veterans, including uh the suggestion of the uh the Humane Society uh volunteer work that Mr Chamberlain came up with himself and continued to re refuse to do that. He did complete four hours of community service work.
Uh I think at a thrift shop maybe. Uh so the defendant uh is asking to be continued on [clears throat] probation to complete community service, but we didn't even get into some of the threatening behavior uh that he engaged in. And uh it's a little too little too late.
I agree with Mr Chamberlain. I do view you as a public safety threat. In fact, we had an alert out to the courthouse because of your behavior, your threatening tone towards the clerks here, both at the prosecutor's office and the the district court office.
If you ever wanted to know a quick way to piss off a judge, disrespect his staff. Then it will be the judge who's doing the effing in the back end. Now, they're not only going to read the details of his actions, but they're also going to read the victim's statement to the court, which really highlights just how much this human vomit bag has impacted someone who actually has a future ahead of them.
But I think what gets lost in all this as far as what is an appropriate sentence is what you did. And Mr Chamberlain to to get here in the first place. Mr Chamberlain described a little of that.
Basically, you stalked these two guys on bicycles with your car because you were you felt you'd been disrespected by them. You assaulted them with your vehicle and you struck Nicholas Menddees. And this is what he said at his uh in his victim impact statement.
And looking back on the incident now, I realized I was in shock more than anything at the time thanks to the help of the medical team at Mson and my physical therapist. I am able to be active and attend and return to life as a student. However, the experience was much more traumatic for myself and my family than I had thought at the time.
My mother took off work and flew all the way from California to Trevor City to spend time with me at the hospital following my initial surgery. She was restless and losing sleep for the week that I was admitted and didn't seem to go back to normal until I was discharged and back home. My father was the same and also came to visit me and help me around my apartment while I was recovering.
Luckily, I have friends that live nearby that were generous enough to offer their time to help take care of me after my parents left to go back home. As for myself, my the summer did not play out how I imagined it would. I missed nearly two months of a research experience at the Rush University Midwest Orthopedics Motion Analysis Labs position that I had spent half a year networking and meeting with indivi with different prof uh professors to secure.
I was really looking forward to learning about the orthopedic field and the work that was being done to improve it. But my time there was cut short by this incident. Thankfully, I was able to participate for a bit before the accident and gain some valuable experience, but not nearly as much as I was hoping for.
This time was also going to be important for adding to my resume and application for residencies after completing medical school. I also wasn't prepared for how difficult my physical therapy would be to juggle with my coursework. After arrival on my first day, I was barely able to walk and I could not flex my quadricep muscle at all.
We did a series of stretches and exercises that left me exhausted and sore for the next 3 days as I was supposed to do these exercises two times a day. I was constantly fighting to find the time and energy to fit them in around my lectures and studying. As I progressed in therapy, the routine got easier as it would take less time and effort to complete the exercises, but there was definitely a learning curve and about a month of pretty constant fatigue.
I'm lucky that that was the extent of my recovery and that I can walk and run essentially as I could before. There are still aches and pains, but it is nothing compared to the potential impairment that I could have sustained if the worst case scenario played out. It's definitely scary to think about, but I'm grateful to be where I am at today.
Mr Chamberlain is correct. The facts of this case make out a much more serious case, a felony. Uh the defendant also left the scene after he struck uh Mr Menddees in the leg.
And uh the defendant what one thing is clear, he has absolutely no remorse for what happened to Mr Menddees, has no understanding of his criminal behavior, and in fact continues to blame the legal system for his problems. So for those reasons side Mr Mendes did get a civil settlement in excellent we believe above $300,000. The sound kind of cut out at the end.
But it sounded to me like he said there was a civil settlement that came out of all of this in the amount of $300,000. And while that is a large sum of money, it still didn't excuse the fact that he hit the victim intentionally with his truck and did serious and possible permanent damage to his leg. But now it's time for him to find out what his sentence is going to be.
The uh the fact is the defendant has not learned anything from this and I don't know what else to do. I'm at the end of uh what what I can do. I know I'm not going to subject my staff or uh either the probation officer or my uh court staff to Mr FA uh threatening, intimidating, and disrespectful behavior anymore.
So, I am terminating the probation as unsuccessful. If it weren't for the cancer, I'd probably be considering a year-long sentence, but it's going to be the 60 days I held in advance at the original uh sentencing period. And uh he would have credit for one day to serve.
That's it. Well, there you have it. 60 days in jail, which to me would have been a joke if it wasn't for his terminal cancer.
I think a more appropriate sentence would be a year of home confinement. Let him spend the last of his days wondering why he can't go outside and enjoy the fresh air. Similar to how his victim was limited in his studies and opportunities due to being stuck in physical therapy and rehabilitation recovering from his injuries.
All right, guys. That's where we're going to end it today. If you like the video, hit the like button.
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