1

1 REPORTER'S RECORD
VOLUME 1 OF 1 VOLUME
2
TRIAL COURT CAUSE NO. 18-065
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4 THE STATE OF TEXAS § IN THE DISTRICT COURT

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5 §
VS. § 443RD JUDICIAL DISTRICT
6 §
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7 SHAYE MARIE BEAR § ELLIS COUNTY, TEXAS

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11

12 -------------------------------------

13 PETITION FOR WRIT OF HABEAS CORPUS

14 -------------------------------------

15

16

17 On the 17th day of May, 2018, the

18 following proceedings came on to be heard in the

19 above-entitled and -numbered cause before the Honorable

20 Cindy Ermatinger, Judge presiding, held in Ellis County,

21 Texas.

22 Proceedings reported by

23 computerized-machine shorthand.

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 2

1 A P P E A R A N C E S

2 MR. RICKY D. SIPES

SBOT NO. 24043923
3 ELLIS COUNTY AND DISTRICT ATTORNEY'S OFFICE
ELLIS COUNTY COURTS BUILDING
4 109 SOUTH JACKSON
WAXAHACHIE, TEXAS 75165
5 Telephone: (972) 825-5035
Facsimile: (972) 825-5047
6 Ricky.Sipes@co.ellis.tx.us

7
COUNSEL FOR THE STATE
8

9
MR. KENT MCGUIRE
10 SBOT NO. 13663800
MCGUIRE LAW OFFICE
11 109 EAST FRANKLIN STREET
WAXAHACHIE, TEXAS 75165
12 Telephone: (972) 937-2340
Facsimile: (972) 937-2359
13 kent@mcguirelawoffice.com

14
COUNSEL FOR THE DEFENDANT
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23

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1 VOLUME 1
(PETITION FOR WRIT OF HABEAS CORPUS)
2

3
May 17, 2018
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Page Vol.
5
Appearances................................... 2 1
6
Proceedings................................... 4 1
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9 DIRECT CROSS VOIR DIRE VOL.

10
WITNESSES FOR THE DEFENDANT:
11 BEAR, SHAYE MARIE 4, 23 12 -- 1
WHITE, SHERRY LEE 24 28 -- 1
12

13 Defendant rests............................... 37 1
State rests................................... 39 1
14
Judge's Ruling................................ 43 1
15
Court Reporter's Certificate.................. 45 1
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17

18

19 EXHIBIT INDEX
STATE'S
20
NO. DESCRIPTION OFFERED ADMITTED VOL.
21
1 Arrest without Warrant - 37 38 1
22 Affidavit Submitted for
Probable Cause Determination
23

24

25
 4

1 P R O C E E D I N G S

2 (Commencing at 2:34 p.m.)

3 THE COURT: On the record in Cause Number

4 18-065, Ex Parte Shaye Marie Bear.

5 And you are Shaye Marie Bear?

6 THE DEFENDANT: Yes, ma'am.

7 THE COURT: Thank you very much.

8 Is your client going to testify?

9 MR. MCGUIRE: Yes.

10 THE COURT: All right. Raise your right

11 hand.

12 (The witness was sworn)

13 THE COURT: Thank you so much. You can

14 put your hand down.

15 We are here on your attorney's Petition

16 for Writ of Habeas Corpus.

17 I'll let you start, Mr. McGuire.

18 MR. MCGUIRE: Okay. Thank you, Judge.

19 SHAYE MARIE BEAR,

20 having been first duly sworn, testified as follows:

21 DIRECT EXAMINATION

22 BY MR. MCGUIRE:

23 Q. Just state your name again for the reporter

24 right here.

25 A. My name is Shaye Marie Bear.

 5

1 Q. Okay. And your bond on this -- you're charged,

2 currently charged with possession of controlled

3 substance, Penalty Group 1, 1 to 4 grams; is that right?

4 A. Yes, sir.

5 Q. Okay. And your bond is in the amount of

6 $5,000?

7 A. Yes, sir.

8 Q. Okay. Are you asking the Court today to grant

9 you a -- well, let me back up.

10 You are currently pregnant; is that right?

11 A. Yes, sir.

12 Q. Okay. And have you had some problems with that

13 pregnancy just recently?

14 A. Oh, I'm having contractions every five minutes

15 apart all night, have been all night. And I have turned

16 in six different bloody pads and have still not --

17 Q. Okay. So there's been some bleeding?

18 A. Yes.

19 Q. Okay. And you are in pain right now?

20 A. Yes, sir.

21 Q. All right. Have you been --

22 THE COURT: Do you guys want to sit at the

23 table and do this?

24 MR. MCGUIRE: Yeah.

25 THE DEFENDANT: Yeah.

 6

1 THE COURT: Yeah, okay. Let's sit at the

2 table.

3 MR. MCGUIRE: Pull that microphone towards

4 you if you could.

5 THE COURT: Yeah, let me turn it on too.

6 Let me make sure.

7 Mr. Sipes, tell me if you can't hear it

8 and then we'll do something a little different.

9 MR. SIPES: Okay.

10 THE COURT: All righty.

11 MR. MCGUIRE: Okay.

12 THE COURT: All right. Mr. McGuire, I'll

13 let you finish asking questions.

14 MR. MCGUIRE: Okay.

15 Q. (BY MR. MCGUIRE) And I was asking you about

16 what -- what problems you've had. You said there's been

17 some bleeding; is that right?

18 A. Yes, sir.

19 Q. How long have you been having pain?

20 A. For two days in a row, sir.

21 Q. Okay. And we established that your bond was

22 set in the amount of $5,000; is that right?

23 A. Yes, sir.

24 Q. Are you asking that the bond be set -- or be --

25 that you -- that the Judge let you out of jail on your
 7

1 own personal recognizance?

2 A. Yes, sir, absolutely.

3 Q. Okay. If the Judge won't do that, are you

4 asking that the bond be reduced to an amount that you

5 can possibly make?

6 A. Yes, sir.

7 Q. Now, you got some experience in this. So you

8 know that you can get a bonding company and you can put

9 up a fee, they'll -- they would put up the whole face

10 amount, and then you'd be charged a fee; is that right?

11 A. Yes, sir.

12 Q. So how much money do you have that you could

13 bond out with?

14 A. I currently have $79 in my -- in my funds right

15 now.

16 Q. Okay. Do you understand that it would take

17 somewhere in the neighborhood of 10 percent of that face

18 amount in order to bond out through a local bonding

19 company?

20 A. Yes, sir.

21 Q. So you don't have $500?

22 A. No, sir.

23 Q. And your mother is here in court today; is that

24 correct?

25 A. Yes, sir.
 8

1 Q. Sitting behind us?

2 A. Yes, sir.

3 Q. And so you don't -- you don't have any money at

4 all? You got $79?

5 A. I have $79.

6 Q. And do you have any -- any money in savings?

7 A. No, sir.

8 Q. Do you own an automobile --

9 A. Not --

10 Q. Do you own an automobile?

11 A. I sold it to have the money that I have on my

12 books, as well as to pay for my kids -- provide my kids

13 with diapers.

14 Q. Okay. And how many children do you have?

15 A. I have two living and the one that I'm pregnant

16 with right now.

17 Q. Okay. So in whose care are the two living

18 children?

19 A. I have full custody, and my mother has

20 temporary custody since I've been incarcerated.

21 Q. Okay. So your mother is taking care of these

22 children --

23 A. Yes, sir.

24 Q. -- is that right?

25 Okay. And so you are asking for -- first

 9

1 of all, you are asking for a personal -- a PR bond; is

2 that right?

3 A. Yes, sir.

4 Q. Or to set a bond that you can possibly get

5 out --

6 A. Yes, sir.

7 Q. -- is that right?

8 Are you on probation right now out of

9 Dallas?

10 A. Yes, sir, I sure am.

11 Q. Okay. What's the status of that case?

12 A. The last that I was informed by my mother,

13 since I haven't been able to get in contact with my

14 probation officer, which is a Ms. Lopez, before that it

15 was a Ms. Berry, they were asking for her -- or putting

16 in for a revocation out of Dallas due to me not only

17 being -- or due to me being incarcerated upon this new

18 charge and not -- failure to appear.

19 Q. Okay. So I was going to ask you: Do you know

20 if Dallas has issued a warrant for your arrest --

21 A. No --

22 Q. -- at this point?

23 A. No, I have no hold out of Dallas.

24 Q. Okay. Have you been in contact with the

25 attorney you had up there, Mr. Jo Bonney?

 10

1 A. I have not had a chance to.

2 Q. Okay. So you don't know the current status of

3 that?

4 A. As far as the Ellis County -- the -- whenever

5 they run your information inside of the jail, they check

6 to see -- they can check and see if it's current or not.

7 And as far as they are aware, I have no holds out of

8 Dallas.

9 Q. Okay. And you do have a record of -- to some

10 extent; is that right?

11 A. Uh...

12 Q. And the D.A. is going to tell us all about it

13 in a minute --

14 A. A record as far as --

15 Q. -- but have you been down before?

16 A. Yes.

17 Q. Okay. To state jail and to the penitentiary;

18 is that right?

19 A. If they are considering SAFEP state jail.

20 Q. Okay. You have completed SAFEP satisfactorily?

21 A. Yes. I just came home from SAFEP. That's what

22 I'm on. I'm on deferred SAFEP probation.

23 Q. When did you complete --

24 A. Adjudicated -- adjudicated deferred.

25 Q. When did you complete SAFEP?

 11

1 A. I completed SAFEP -- I got to the halfway house

2 December -- or November 7th, and I completed it 45 days

3 on time with $500 in my bank account at the time. And

4 for doing good, 45 days instead of the full 90. Had a

5 job and --

6 Q. Okay. And now I gave you a piece of paper a

7 while ago, probable cause affidavit -- Affidavit for

8 Probable Cause?

9 A. Yes, sir.

10 Q. And you pointed out to me that the person who

11 filled this out, the officer, said that the offense for

12 which you are here in court today, he calls it a

13 misdemeanor. But I told you, well, that is a mistake on

14 its face because they are saying that you are under

15 arrest in jail on probable cause Penalty Group 1 and

16 then 1 to 4; is that right?

17 A. (No response.)

18 Q. But you pointed out to me that it's a

19 misdemeanor?

20 A. I'm being charged -- it's classified as a

21 misdemeanor.

22 Q. And you'd like the Judge to know they are

23 saying your charge is a misdemeanor?

24 A. Yes, sir.

25 THE WITNESS: Yes, ma'am.

 12

1 Q. (BY MR. MCGUIRE) Is that right?

2 THE WITNESS: Yes, ma'am.

3 MR. MCGUIRE: Okay. I pass the witness.

4 THE COURT: When is your due date? I'm

5 sorry.

6 THE DEFENDANT: My due date as of right

7 now is September 19th.

8 THE COURT: Okay. Thank you.

9 THE DEFENDANT: Thank you.

10 THE COURT: Okay. I apologize, Mr. Sipes.

11 I'll let you go now.

12 CROSS-EXAMINATION

13 BY MR. SIPES:

14 Q. Ms. Bear, you said that you got two kids right

15 now; is that correct?

16 A. Yes, sir.

17 Q. Okay. And who's got custody of those two kids?

18 A. My mother has temporary custody right now.

19 Q. And how long has your mother had custody of

20 those two kids?

21 A. I've been incarcerated since 2014. I was home

22 23 days, and I was incarcerated the full time amount

23 after that and have been home a total of 140, 160

24 some-odd days since then. I have been incarcerated

25 since 2014.
 13

1 Q. Okay. And is CPS involved in those kids'

2 lives?

3 A. Never. Not at all, not once.

4 Q. However -- or how old are those kids?

5 A. My oldest, Jhasper Ellis, is eight years old,

6 and my youngest right now is 20 months old. And I've

7 seen him five times since being home.

8 Q. So you are home for 160 days and you've only

9 seen him five times?

10 A. I wasn't allowed to leave the county, sir. I

11 was -- I'm on Dallas probation in Dallas. Part of

12 Dallas's regulation is they didn't want me to travel

13 outside of Dallas County. And plus the first 45 -- or

14 the first 90 days that I was supposed to be out, you

15 spent at a halfway house, and I was only there 45 days.

16 I was released from there as of December 17th. And as

17 of December 17th, I went to stay with my sister out of

18 Dallas.

19 Q. Okay. So just to make sure that we are clear,

20 on March 10th of 2018, the day that you were arrested on

21 this offense, even though you wouldn't leave Dallas to

22 come down here and visit your child, you would come down

23 here with Richard Baladez and the other people that were

24 in the car, Brittany Dodson and --

25 A. I was -- I was --
 14

1 Q. -- a Philip Vaughn?

2 A. I was actually here under pretense. I had gone

3 to court prior to this to go see the -- the paupers --

4 or to go see the justice of peace because I have been

5 motioning to set my divorce since 2015, since we were,

6 me and both my husband, Brandon Hunter, were

7 incarcerated and filed for divorce, but I don't believe

8 they signed it or allowed us to finish it. Because at

9 the time I was still pregnant again, which I believe

10 that changed the rules on whether or not we could

11 divorce, because before when we filed for it --

12 MR. SIPES: I will object to

13 nonresponsive, Your Honor.

14 THE COURT: Sustained.

15 Q. (BY MR. SIPES) Basically, on March 10th of

16 2018, you said that you couldn't come to Ellis County to

17 visit your children --

18 A. Without permission.

19 Q. -- because Dallas County wouldn't let you, but

20 you could come down here with Richard Baladez, Philip

21 Vaughn, and Brittany Dodson and get arrested with

22 cocaine -- or, I'm sorry, methamphetamine, correct?

23 A. I was arrested with the methamphetamine. And I

24 was down here with permission for -- because I was

25 supposed to be going to see my judge.

 15

1 Q. Okay. So they gave you permission to come down

2 here with them, but they wouldn't give you permission to

3 come down here to visit your children?

4 A. No. Oh, I've had permission before to come

5 down to see my children. That's why I stated I had been

6 down here five times prior since then because I had to

7 ask permission every time I came down here, from not

8 only my counselor at the Salvation Army, Ms. Harris, but

9 my probation officer who at that point was Ms. Berry.

10 Q. Okay. So making sure that the Court is clear,

11 you've got a 20-month-old child that you have only seen

12 five times, correct?

13 A. Yes, sir, due to being incarcerated.

14 Q. And then you got an eight-year-old child that

15 you have seen how many times over the last four years?

16 A. Due to being incarcerated and my mom's limited

17 funds and abilities, every time she was able under her

18 means to bring him to where I was incarcerated.

19 Q. Okay. And then you have just recently got out

20 of incarceration, and you're pregnant a third time,

21 correct?

22 A. Yes, sir.

23 Q. Okay. Now let's go over your criminal history

24 a little bit.

25 You were convicted of theft out of Ellis

 16

1 County back in April of 2013, correct?

2 A. Yes, sir.

3 Q. Given one year probation?

4 A. Yes, sir, misdemeanor probation.

5 Q. You were revoked on that probation and

6 sentenced to 75 days in jail, correct?

7 A. Yes, sir.

8 Q. Okay. And then you had an evading arrest or

9 detention in which you were convicted again on

10 April 18th of 2013 in Ellis County, correct?

11 A. Yes, sir.

12 Q. Given one year probation on that one as well,

13 correct?

14 A. Yes, sir, probation as well.

15 Q. And from there we go to April 22nd of 2014

16 where you were convicted again of theft; is that

17 correct?

18 A. Yes, sir.

19 Q. And again, you are sentenced to 75 days jail at

20 that time, correct?

21 A. Um...

22 MR. MCGUIRE: You don't remember?

23 A. I thought maybe that was the one that they

24 actually wrote down twice.

25 But, yes, sir, I'm sure.

 17

1 Q. (BY MR. SIPES) Well, I can give you the cause

2 number. That would have been Cause Number 1410498 and

3 the other --

4 A. Yes, sir.

5 Q. -- one that you were on probation for was

6 1310433. Does that help distinguish --

7 A. Yeah.

8 Q. -- the two?

9 A. Yes, sir, it does.

10 Q. And I'm sorry, 1310434 was the actual theft

11 that you were on probation for.

12 A. Was this the one that was enhanced?

13 Q. No, the second one was enhanced; the one that I

14 just asked you about was 75 days.

15 A. Okay.

16 Q. And then, again, on March 31st of 2015, you

17 were convicted of evading arrest or detention with a

18 vehicle and sentenced to two years prison; is that

19 correct?

20 A. Yes, sir.

21 Q. And then you had a possession of dangerous

22 drugs in April of 2015, Cause Number 1412219, a Class A

23 misdemeanor that you were also convicted of; is that

24 correct?

25 A. Yes, sir.
 18

1 Q. And then you've got a conviction out of

2 March 31st, 2015, for another theft, 1,500 to 20,000

3 state jail, in which you were sentenced to 240 days in

4 state jail; is that correct?

5 A. That was the -- yeah, it was -- they were both

6 ran concurrent, at the same time. That was -- it was

7 the same arrest. They were all -- those last, the 2014

8 charges were all ran concurrent.

9 Q. Okay. And then in February of 2016, you had a

10 possession of a controlled substance out of Dallas that

11 you were placed on a two-year deferred adjudication on,

12 correct?

13 A. Yes, sir.

14 Q. And then while you were on that two-year

15 deferred adj- -- deferred adjudication in March 22nd of

16 2016, you were again arrested; is that correct?

17 A. Yes, sir.

18 Q. Okay. And then that arrest you were placed on

19 three years deferred adjudication on June 3rd of 2016;

20 is that correct?

21 A. Which is -- which is what I'm currently on out

22 of Dallas, yes, sir.

23 Q. Did you go straight to SAFEP as part of your

24 probation, or were you on probation and then amended on

25 your probation?
 19

1 A. I did -- as of that whenever they gave me that

2 three years, I was incarcerated for a total of over a

3 year and something because they couldn't send me to

4 SAFEP because I was pregnant. I did my entire pregnancy

5 in Dallas County. And -- and then I was, after doing 12

6 to 13 months incarcerated in Dallas County including the

7 travel from Grand Prairie to Dallas.

8 I -- I did the -- after that 13 months, I

9 also had to do the nine months because they had to send

10 me to a special needs program because I -- prior to

11 being incarcerated had mental -- had MHMR and had

12 used -- or had been on psych meds, and as well as --

13 because I had a C-section as well. So they asked for a

14 special needs program instead of a six-month program, so

15 I also had to --

16 MR. SIPES: I object to nonresponsive.

17 A. -- so, yes, I also had to do the nine months as

18 well.

19 THE COURT: Sustained.

20 Q. (BY MR. SIPES) Ms. Bear, would you agree with

21 me that it appears that you've got a problem with

22 methamphetamine?

23 You got the arrest in 2016, put on

24 probation; another arrest in 2016, and then once you get

25 out of custody on that, you got the March 10th, 2018

 20

1 arrest where you got methamphetamine hidden in your

2 vagina, correct?

3 A. Sir, I believe addiction is something I'll

4 suffer with for a lifetime.

5 Q. Okay. But that addiction is complicated by the

6 fact that you get -- keep getting pregnant while you're

7 using methamphetamine, correct?

8 A. Um, I don't -- I found out four days prior to

9 that -- to that, that I was -- I was actually pregnant,

10 and wasn't even completely made aware until I was

11 actually in Ellis County jail, other than the one piss

12 test that I had peed on.

13 And -- and, like I said, you know, even

14 whenever they asked me inside the vehicle how it went

15 down because I'm pretty sure there was -- I'm pretty

16 sure that it was actually a sting because the officers

17 were telling us things about what had been happening

18 inside the vehicle prior to since the task force has

19 been trying to work with me steadily still since then.

20 And they told me --

21 MR. SIPES: Objection, nonresponsive, Your

22 Honor.

23 A. I apologize but --

24 THE COURT: Sustained.

25 MR. MCGUIRE: Just answer his questions;

 21

1 then stop.

2 THE COURT: Yeah.

3 A. Can you repeat the question, please?

4 Q. (BY MR. SIPES) Yes, ma'am.

5 You are continuing to use methamphetamine

6 while you are pregnant, correct?

7 A. Upon my -- upon my awareness of it, no.

8 Q. Ms. Bear --

9 A. Yes, sir.

10 Q. -- you've used methamphetamine whenever you

11 were pregnant in 2016, correct?

12 A. Yes, sir --

13 Q. And the --

14 A. -- I sure did.

15 Q. -- only way that they could ensure the safety

16 of that child was to keep you in custody throughout the

17 entire term of your pregnancy, correct?

18 A. That was their decision, yes, sir.

19 Q. Okay. And here we are again, two years later,

20 the same circumstances --

21 A. Absolutely.

22 Q. -- you are pregnant, and you are continuing to

23 use methamphetamine, correct?

24 A. After two and a half years of incarceration, I

25 had one slip-up, correct.

 22

1 Q. Okay. And again, you're pregnant, you are

2 using methamphetamine while you are pregnant, and the

3 only way to ensure the safety of that child is to keep

4 you incarcerated until that child is born, correct?

5 A. I would not say so, no, sir.

6 Q. Well, you haven't shown us any reason to

7 believe that you can kick this addiction that you have

8 advised us of?

9 A. Then I don't know what y'all keep saying change

10 is possible for because I can promise you --

11 Q. Well, again, we have tried --

12 A. -- I have tried --

13 Q. We have tried. We sent you to SAFEP -- well,

14 first of all, we put you on probation to try to address

15 it that way, correct?

16 A. I just came home, and I am trying.

17 Q. And then, when that didn't work, we arrested

18 you again for another drug charge and kept you in

19 custody while you were pregnant, and then required you

20 to go to SAFEP, correct?

21 A. Yes, sir.

22 Q. Okay. And then you do the entire SAFEP, you're

23 in the aftercare program on SAFEP --

24 A. Yes, sir.

25 Q. -- yet, you get arrested shortly after that,

 23

1 again pregnant and with methamphetamine, correct?

2 A. Yes, sir.

3 THE WITNESS: May I say something, Your

4 Honor?

5 MR. SIPES: I'll pass the witness.

6 REDIRECT EXAMINATION

7 BY MR. MCGUIRE:

8 Q. Have you received medical attention at the jail

9 here in Ellis County?

10 A. Yes, sir.

11 Q. Okay. When was the last time you saw medical

12 people there?

13 A. I've seen a medical this morning, and -- but

14 due -- because I've been in segregation because they had

15 to monitor my pads because I've had to turn in five

16 different bloody pads because I have been under so much

17 stress, and I've been having contractions.

18 Q. Have you seen a doctor?

19 A. Yes, sir, I've seen him this morning.

20 Q. This morning?

21 A. Yes, sir.

22 Q. Okay. All right.

23 A. At 6:30.

24 MR. MCGUIRE: Pass the witness.

25 THE COURT: Yes, sir.

 24

1 MR. SIPES: I have nothing further for

2 Ms. Bear.

3 THE COURT: All righty. Call your next

4 witness, Mr. McGuire.

5 MR. MCGUIRE: Okay. I would just like to

6 call her mother, Sherry White.

7 THE COURT: All right. Come right on up

8 here, ma'am.

9 I'll let you put your purse down, then I

10 will swear you in.

11 THE WITNESS: Okay.

12 THE COURT: Raise your right hand, please.

13 (The witness was sworn)

14 THE COURT: Thank you so much. Come take

15 a seat and get comfy. Scoot your chair in a little bit.

16 We got the mike on, so everybody should be able to hear

17 you.

18 Mr. McGuire.

19 MR. MCGUIRE: Yes.

20 SHERRY LEE WHITE,

21 having been first duly sworn, testified as follows:

22 DIRECT EXAMINATION

23 BY MR. MCGUIRE:

24 Q. State your full name, please.

25 A. Sherry Lee White.

 25

1 Q. Are you the mother of Shaye Marie Bear sitting

2 here beside me?

3 A. Yes, I am.

4 Q. Okay. And -- and you know that she's on a

5 $5,000 bond?

6 A. Yes.

7 Q. Okay. Is there any way that you can help her

8 make that in order to get her free?

9 A. No.

10 Q. You don't have a dollar?

11 A. I have more than a dollar.

12 Q. Well, I think I told you that, you know, you

13 need about 10 percent?

14 A. Right. I don't have $500, no.

15 Q. Okay.

16 A. I'm on social security disability.

17 Q. Okay. You don't have --

18 A. And I'm raising her two children.

19 Q. And you are currently caring for the two

20 children that she's been telling the Court about --

21 A. Yes.

22 Q. -- is that correct?

23 And you've heard all her testimony; is

24 that right?

25 A. Yes.
 26

1 Q. Is everything she said true as far as you know?

2 A. Yes.

3 Q. Okay. Do you think that the child she is

4 carrying would be in danger if she gets out?

5 A. I couldn't say that for sure, for positive.

6 Q. Well, so of the -- her remaining in custody or

7 being out, which -- which do you think would be best for

8 her?

9 A. I'd like to see her be out to be able to take

10 care of her kids and of her -- for her -- for this --

11 I'm worried about the baby because she's been having

12 bleeding and contractions early, and I think it's --

13 she's like in the, what, 22nd, 23rd month --

14 THE DEFENDANT: 20 weeks I was supposed

15 to --

16 THE COURT: Not months.

17 THE WITNESS: Oh, I mean weeks.

18 Q. (BY MR. MCGUIRE) What's your total income?

19 A. Eight hundred -- $816 a month, plus $269 a

20 month child support on one child.

21 Q. So you --

22 A. The other child receives no benefits.

23 Q. So you have a thousand dollars or so every

24 month; is that right?

25 A. Once a -- once a month.

 27

1 Q. How in the world can you afford to live and

2 take care of these two babies or two children?

3 A. Well, I have a fiance and -- and he helps me,

4 but he just recently lost his job. He is a truck

5 driver, and had a mis- -- unfortunate mishaps. He -- a

6 truck was -- he pulls doubles. He was in California,

7 and he went in to take the slip and apparently he didn't

8 engage the brake correctly, and the truck rolled off

9 into another big truck and hit the tractor end of it.

10 Did a lot of damage to that truck, and so he was

11 terminated from the company.

12 Actually, no. They told him that he

13 could come back in three years. He was not terminated.

14 Q. So is there --

15 A. FedEx.

16 Q. Is there any dollar amount, bond level that you

17 could possibly make? In other words, if the Judge

18 reduced her bond, is there an amount that you can say,

19 Well, I can probably get her out if you get it down that

20 far?

21 A. I can probably come up with a hundred dollars

22 today.

23 Q. Okay. That's all you got is a hundred bucks?

24 A. Yes.

25 Q. That's it?
 28

1 A. That's it.

2 Q. You have no savings account, bank accounts?

3 A. No. I have a bank account. That's what's

4 in -- 50 in the bank account, and I think 70 on the

5 child support.

6 Q. Okay.

7 A. I have no savings.

8 Q. Okay. All right.

9 MR. MCGUIRE: Pass the witness.

10 THE COURT: Yes, sir.

11 Mr. Sipes.

12 CROSS-EXAMINATION

13 BY MR. SIPES:

14 Q. Ms. White, with that being the case, then y'all

15 would have no way of providing Ms. Bear with the medical

16 attention that she would need for this baby, correct?

17 A. She would have Medicaid for mothers that --

18 with child.

19 THE DEFENDANT: Which I'm currently on.

20 THE COURT: Shhh.

21 A. That's the only way I -- I mean, any additional

22 money for anything else, no.

23 Q. (BY MR. SIPES) Now let's talk about Ms. Bear.

24 Over the last four years, how much support has she given

25 you?
 29

1 Has she ever worked --

2 A. Not a lot.

3 Q. Has she ever worked and given you money from

4 her job?

5 A. Yeah. She's worked a couple times, but she's

6 been incarcerated a lot because of her addiction.

7 Q. Okay. Tell us, over the last four years, how

8 much money do you believe that you have received from

9 Bear to help support her two children?

10 A. Well, I'm not sure.

11 Q. $10, $50, $100 --

12 A. No, maybe $500, you know --

13 Q. Okay. So --

14 A. -- each year maybe a hundred dollars, somewhere

15 like that.

16 When she had her truck sold so I can even

17 put money on her books to help her, she told me to keep

18 the rest of it, it was $300, and put a hundred on her

19 books.

20 Q. Okay.

21 A. And that's exactly what I did.

22 Q. So out of $300 for her vehicle, you sold that,

23 200 of that went to the children and 100 of that went to

24 her in jail?

25 A. Yes, while -- because she's with child.

 30

1 Q. Understanding --

2 A. I was -- since she's been incarcerated, I put

3 $20 on her books. That's it during the length of time.

4 Q. Okay. So $120?

5 A. Yeah, but the 20 was like when she first got

6 here.

7 Q. Okay.

8 A. Yeah.

9 Q. So basically, she's got room, she's got meals,

10 she's got everything that's provided to her, yet, she's

11 asked you to put $120 on her books over the last three

12 months?

13 A. Well, she needed money. I assume she needed

14 extra money to help her with, you know, being pregnant.

15 I assume you get a certain portion or whatever.

16 Q. Okay. But you don't know what it is --

17 A. For the care of the baby, you know.

18 Q. So you don't know what it is that she's buying

19 off the commissary with her money?

20 A. No.

21 THE DEFENDANT: Not much, a phone card --

22 THE COURT: Shh. Quit talking. Do not

23 talk again.

24 THE DEFENDANT: Yes, ma'am.

25 Q. (BY MR. SIPES) Now, again, she's been out of

 31

1 custody she says 160 days. Is that accurate to you?

2 A. Yeah, about -- yeah, about three months.

3 Q. Okay. And during that three months, she did

4 not come live with you or try to help you with the kids,

5 correct?

6 A. She wasn't allowed to. I tried to get her to

7 get the Dallas County Probation Department to transfer

8 her probation to Ellis County, but they wouldn't.

9 Q. Okay. Do you know that she even asked?

10 A. Yeah.

11 Q. How do you know that?

12 A. Well, she told me she did.

13 Q. Okay. Do you know any of the individuals that

14 she was arrested with on March 10th of 2018?

15 A. Just one of the girls.

16 Q. Which one?

17 A. Ms. Dodson. They went to school together since

18 fourth grade.

19 Q. Okay. Do you know if Ms. Dodson has a

20 methamphetamine habit as well?

21 A. I believe so.

22 Q. Okay. And you don't know the other two?

23 A. No.

24 Q. Okay. And she didn't come visit you on

25 March 10th of 2018, did she?

 32

1 A. Yes, she did. She come visit me -- well, not

2 the 10th, the 9th. It would have been the night before

3 she come and seen the kids.

4 Q. Okay. So there was two days in a row then that

5 she came down to Ellis County?

6 A. I guess or either she was here overnight. I

7 don't know.

8 Q. And so Community Supervision granted her

9 permission to come down here two days in a row?

10 A. I have no idea. I have -- that I would not

11 know, but I know that she saw the kids the night before.

12 She was arrested on the 10th. She was at my home.

13 Q. Are you aware that Dallas County has filed an

14 amended motion to revoke her probation and to proceed

15 with an adjudication of guilt?

16 A. That's what I've heard.

17 Q. Okay. Do you know that they put the

18 allegations that Shaye Bear failed to allow the

19 community supervisions officer to visit her at her home

20 or elsewhere?

21 A. Right. She was staying with her sister, and

22 her sister lives in west Dallas. And she's a single mom

23 with four kids.

24 Q. Uh-huh.

25 A. And CPS was in her life involved. She had

 33

1 called the police over being abused by her boyfriend,

2 and they smelled marijuana in her house. And so they

3 put her on a program to help her.

4 Her sister has no drug problem with meth

5 or anything like that. Her kids are all in good shape,

6 but because of that, CPS was involved in her life. And

7 Tosha was having a problem with Shaye staying there

8 because then that was going to mess up her program.

9 Q. Okay. So she moved without telling the

10 Community Supervisions Department?

11 A. She was staying there, but I don't know where

12 she would go. She couldn't be there; she'd spent the

13 night with -- across the street with Tosha's stepfather.

14 Q. Okay. So she wasn't living there with your

15 sister -- I mean with her sister?

16 A. Yeah. As far as I know she was, but her sister

17 was wanting her to get something done to try to get back

18 home to Ellis County and live with me.

19 Q. Okay.

20 A. She even called me and asked me -- told me it

21 was causing her problems.

22 Q. So you don't know why they would allege that

23 she failed to allow them to visit her in her home or

24 elsewhere?

25 A. I don't, no.
 34

1 Q. Okay.

2 A. They didn't discuss that with me.

3 Q. Do you know why they would have alleged that

4 she failed to enter and participate in Thinking for a

5 Change class and obey all the rules and regulations of

6 that program?

7 A. No.

8 Q. Do you know if she did enter that class?

9 A. I knew that she was going to class. There was

10 times she even called me, you know, and wanted a ride to

11 a class.

12 Q. Did you give her rides to classes?

13 A. No. There was a time that I couldn't, that I

14 had the kids and I didn't have the money to drive from

15 Forreston to go pick her up. And I asked her if she

16 could have made arrangements with someone there in

17 Dallas.

18 Q. Do you know why she was refusing to pay for the

19 urinalysis fees whenever they would ask to drug test

20 her?

21 A. Oh, I have no idea.

22 Q. Do you know why she failed to participate in

23 the drug-alcohol continuing care treatment plan

24 following her release from SAFEP and adhere to all the

25 rules and regulations of that treatment plan?

 35

1 A. No, I don't. I thought she was in some kind of

2 program like that. And what happened was she had

3 already did a program, and then one of the other people

4 that run the programs for the program wanted her to do

5 part of it again. And she spoke to them and told them

6 that, you know, she didn't want to have to redo the

7 program. I remember her telling me something about it,

8 but I mean --

9 Q. Okay.

10 A. -- I don't know everything factual.

11 Q. You don't know if she was going, correct?

12 A. She told me she was. I mean --

13 Q. But you don't know if she -- well, let me ask

14 you this then: Did she tell you that she was continuing

15 to use methamphetamine?

16 A. No.

17 Q. Okay. So she wasn't being completely honest

18 with you, was she?

19 A. No.

20 Q. Okay. Now, back when -- what's the name of the

21 20-month old child?

22 A. Ellijah David Bear.

23 Q. Back when she was pregnant with Ellijah, was

24 she continuing to use methamphetamine?

25 A. Yeah, she used methamphetamine. She got

 36

1 arrested.

2 Q. Okay. If they hadn't have kept her in custody,

3 would she have continued to use methamphetamine

4 throughout that pregnancy?

5 A. It's possible.

6 Q. Okay. And again, it's possible that she will

7 continue to use methamphetamine throughout this

8 pregnancy as well if she's allowed to be out to where

9 she can get methamphetamine?

10 A. Possible, yeah.

11 Q. I mean she has shown us over the last four

12 years that she is going to get methamphetamine

13 regardless of what we do to try to get her to kick that

14 addiction, correct?

15 A. Yes, because she has an addiction.

16 Q. Okay. We sent her to SAFEP, we've tried other

17 programs, yet she keeps going back to the

18 methamphetamine, doesn't she?

19 A. Uh-huh. I don't know what the other programs

20 were. I do know she was sent to SAFEP.

21 Q. Well, do you believe that you're enabling her

22 to continue this type of activity?

23 A. It's possible.

24 MR. SIPES: Pass the witness.

25 THE COURT: Yes, sir.

 37

1 MR. MCGUIRE: We rest.

2 THE COURT: Did you say you rest?

3 MR. MCGUIRE: Rest.

4 THE COURT: All right. Thank you, sir.

5 You may step down. Thank you so much.

6 THE WITNESS: Okay.

7 THE COURT: Don't forget your purse.

8 THE WITNESS: Thank you.

9 THE COURT: Uh-huh. Any other witnesses,

10 Mr. McGuire?

11 MR. MCGUIRE: No. No, Judge.

12 THE COURT: All righty. You rest?

13 MR. MCGUIRE: Rest.

14 THE COURT: Yes, sir.

15 MR. SIPES: Your Honor, at this time State

16 moves to introduce into evidence State's Exhibit

17 Pretrial Writ Number 1, which is the Probable Cause

18 Affidavit related to this case. A copy has previously

19 been provided to the Defense.

20 (State's Exhibit Pretrial Writ Number 1

21 offered)

22 THE COURT: Thank you.

23 Mr. McGuire, any objection?

24 MR. MCGUIRE: Just the fact that they

25 called it a misdemeanor. I'd bring that to the Judge's

 38

1 attention.

2 THE COURT: Thank you very much.

3 Then State's Exhibit Number 1 Pretrial

4 Writ is admitted.

5 (State's Exhibit Pretrial Writ Number 1

6 admitted)

7 THE COURT: Give me one second; let me

8 read this.

9 All right. Thank you. I read this.

10 Thank you.

11 MR. SIPES: Your Honor, just for candor to

12 the Court, we've got the lab analysis back. The lab

13 results show .73 grams of methamphetamine, so this would

14 be a state jail felony instead of the third-degree

15 that's listed based on the amount coming back at less

16 than 1 gram.

17 THE COURT: All right. Thank you.

18 MR. SIPES: Further disclosure to the

19 Court, I've got a copy that's file marked 3/12 of 2018

20 regarding a Motion to Revoke Probation and Proceed with

21 Adjudication of Guilt out of Dallas County regarding her

22 probations.

23 I looked on the jail screen, there is no

24 warrant holding her for this. I don't know in Dallas

25 how long it takes between filing of the motion to

 39

1 proceed with guilt and how long it will take for the

2 warrant to actually catch up to her here. So just

3 making sure --

4 THE COURT: Thank you.

5 MR. SIPES: -- that I disclose this to the

6 Court.

7 MR. MCGUIRE: You said .78?

8 MR. SIPES: .73.

9 THE COURT: .73.

10 MR. MCGUIRE: .73, thank you.

11 MR. SIPES: And you can get a copy of this

12 if you'd like, Kent.

13 MR. MCGUIRE: Okay.

14 MR. SIPES: And, Your Honor, with that the

15 State would rest.

16 THE COURT: Okay. Refresh my memory, your

17 client found out right before she got stopped on March

18 10th that she was pregnant, correct?

19 THE DEFENDANT: (Moving head up and down.)

20 MR. MCGUIRE: That's correct.

21 THE COURT: That's what I thought you

22 said. All righty.

23 Do we know how many times she's been

24 going to the doctor in the jail in any -- any reports

25 besides today?
 40

1 MR. MCGUIRE: How many times have you been

2 to --

3 THE COURT: No, I mean do they have

4 reports through the jail?

5 THE DEFENDANT: Yeah, it's -- I've seen --

6 I've seen Hope Clinic once since I have been there.

7 THE COURT: Okay.

8 THE DEFENDANT: And I've gone to do a

9 sonogram once which was when they told me I was in my

10 second trimester. And then I've seen them today and the

11 night before due to the contractions --

12 THE COURT: Okay.

13 THE DEFENDANT: -- and the bleeding.

14 THE COURT: So you are going to Hope

15 Clinic for your maternity check-ups and stuff?

16 THE DEFENDANT: Yes.

17 THE COURT: Okay.

18 MR. MCGUIRE: Were you at Hope today?

19 THE DEFENDANT: No. I was -- I had to see

20 the jail doctor. I was hoping they'd send me to the

21 emergency room. I didn't even want to come here.

22 MR. MCGUIRE: You can blame me for that.

23 THE DEFENDANT: You're funny. I mean I

24 wanted to, but I'm in pain.

25 THE COURT: All right. Closing remarks

 41

1 from anybody? No? Not from the State?

2 Defense, closing -- any closing remarks?

3 MR. MCGUIRE: No.

4 THE COURT: Okay. State.

5 MR. SIPES: Yeah. The concern of the

6 State is Ms. Bear continued violations of the criminal

7 law, particularly that -- her addiction that she's

8 described to the Court. The resolution when she was

9 pregnant 20 months ago was to keep her in custody to try

10 to protect the -- the health and well-being of that

11 child.

12 We are under the same circumstances here.

13 Ms. Bear is apparently pregnant. She's continuing to

14 use methamphetamine and she's pregnant. I mean it's --

15 it's pretty much common knowledge to anyone that knows

16 that methamphetamine and pregnancy doesn't match. And

17 we believe that something's got to be done in order to

18 protect the unborn child.

19 MR. MCGUIRE: And I believe my client

20 desires to be released from jail as soon as possible.

21 THE DEFENDANT: Yes, ma'am.

22 MR. MCGUIRE: In any way possible.

23 THE DEFENDANT: Yes, ma'am.

24 THE COURT: Did you go to any maternity

25 doctor before you got put in jail in March?

 42

1 THE DEFENDANT: No, I had not. Like I

2 said, I was unaware of being pregnant.

3 THE COURT: Okay.

4 THE DEFENDANT: Oh. I'm still having

5 contractions.

6 MR. MCGUIRE: Have you ever miscarried

7 before?

8 THE DEFENDANT: No. No. But they said I

9 have a -- they believe I have a UTI right now and it's

10 causing me a real bad infection and it's been causing me

11 contractions for the past two days. I've had to provide

12 them with five or six different bloody pads.

13 THE COURT: So on my count you are

14 probably two to three months pregnant in March.

15 THE DEFENDANT: At that point, yes.

16 THE COURT: At that point.

17 THE DEFENDANT: At that point I would have

18 been released from Salvation Army November --

19 THE COURT: I'm not ask -- I'm talking.

20 I'm just saying you were probably two or three months

21 pregnant.

22 THE DEFENDANT: Yes. Yes, ma'am.

23 THE COURT: And you hid controlled

24 substances in your vagina when you were pregnant.

25 That's very dangerous.

 43

1 THE DEFENDANT: Yes, ma'am, it was very

2 dangerous. It was the most stupidest thing I've done.

3 THE COURT: Normally I like to let young

4 ladies out of jail because I -- it costs a lot to go

5 back and forth to Hope Clinic, have babies in the jail,

6 but I do not believe your baby will be safe if I let you

7 out.

8 You were not thinking very well of your

9 other two children or your mother taking care of your

10 children, and you weren't thinking of this baby. I am

11 not going to let you bond out right now. I'm going to

12 keep the bond at $5,000.

13 You know, Mom, if you can afford it,

14 great.

15 But I think that you and I know for sure

16 your baby is safer right now.

17 I would like the State to give me updates

18 on her visits to Hope Clinic and stuff right now going

19 through it because you still have several months left to

20 go.

21 THE DEFENDANT: Can you ask them to take

22 me to the emergency room because they --

23 THE COURT: They will take you back to the

24 jail and have the doctor look at you and see if you need

25 to go to the emergency room.

 44

1 THE DEFENDANT: They just had me in my

2 cell, ma'am.

3 THE COURT: I'm not a doctor.

4 So right now no bond reduced at --

5 THE DEFENDANT: Okay.

6 THE COURT: -- 5,000. But I want --

7 THE DEFENDANT: I don't --

8 THE COURT: -- y'all to keep me posted --

9 Ma'am, stop talking for a moment, please.

10 You can't even listen to me in court, you are not going

11 to listen to anybody if you are out. Stop.

12 You keep me posted on Hope Clinic because

13 I know Hope Clinic. I know you have -- that's why I

14 asked you because they usually -- that's where the

15 pregnant girls go. And Hope Clinic does a good job.

16 And then we'll know your baby is safe.

17 All right. Thank you.

18 MR. MCGUIRE: Thank you, Your Honor.

19 THE COURT: Thank you, Mr. McGuire.

20 (Proceedings concluded at 3:15 p.m.)

21 -oo0oo-

22

23

24

25
 45

1 REPORTER'S CERTIFICATE

2 THE STATE OF TEXAS )

COUNTY OF ELLIS )
3

4 I, Carolin Peek, Official Court Reporter in and for

5 the 443rd District Court, Ellis County, State of Texas,

6 do hereby certify that the above and foregoing contains

7 a true and correct transcription of all portions of

8 evidence and other proceedings requested in writing by

9 counsel for the parties to be included in this volume of

10 the Reporter's Record, in the above-styled and -numbered

11 cause, all of which occurred in open court or in

12 chambers and were reported by me.

13 I further certify that this Reporter's Record of

14 the proceedings truly and correctly reflects the

15 exhibits, if any, offered by the respective parties.

16 I further certify that the total cost for the

17 preparation of this Reporter's Record is $214.05 and was

18 paid by Ellis County and District Attorney's Office.

19 WITNESS MY OFFICIAL HAND this the 31st day of

20 May, 2018.

21
Carolin Peek, Texas CSR 8473
22 Expiration Date: 12/31/2019
Official Court Reporter
23 443rd District Court
Ellis County, Texas
24 109 South Jackson Street, 3rd Floor
Waxahachie, Texas 75165
25 (972) 825-5285