Cocky Teen BRAGGED About Driving 100 MPH… Now He Faces 10 YEARS in Prison

You could have easily hit a child who was walking through the crosswalk because guess what? Children tend to be walking through crosswalks during school and you’re speeding at 100 miles per hour. All right, court is calling 2024 CR1497 State of Texas versus Gabriel Echartea. Can I have parties announced for the record for the state? >> Jason Garvin, your honor.

>> Defense? >> Gabriel Kimbrell. >> And are you Mr. Echartea? >> Yes, sir. >> Counsel, have you received all the discovery that you reviewed with your client? >> I did. >> Uh Mr. Echartea, did you review the document entitled application for deferred adjudication with your attorney? Did you understand it and sign it? >> Yes, ma’am.

>> Did you review the true bill of indictment with your attorney? Did you understand it? Counsel, do you waive the reading of the indictment? >> I do. >> State, are you proceeding on the indictment as presented? >> We are, your honor. >> Mr. Echartea Echartea, did you review the document entitled court admonishments and defendant’s waivers and affidavit of admonitions with your attorney? Did you understand it and sign it in all the appropriate places? Did you understand you’re charged with the offense of evading arrest detention with a vehicle?

That’s a third-degree felony. Range of punishment is anywhere from two to 10 years in prison and up to $10,000 fine. Did you understand? >> Yes, ma’am. >> If you have a plea with the state, the court does not have to follow your plea. If for any reason the court does not follow your plea and gives you more than you bargained for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea.

 Did you understand? >> Yes, ma’am. >> Did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call and the right to remain silent? >> Yes, ma’am. >> Did you understand by entering this plea you were giving up those rights? And did you intend to give up those rights and enter into a plea in this case? >> I don’t know, counselor.

>> No, no, no. Did you understand what your rights are? >> Yes, ma’am. >> And are you intending to give up those rights to enter into a plea bargain agreement in this case? Did you understand that the court would have granted your application for deferred adjudication, if for any reason your deferred adjudication were revoked, the court could find you guilty and sentence you up to 10 years in prison and up to a $10,000 fine? Counsel, has your client been able to provide you with any defenses? >> Yes, sir.

>> Do you believe he has a rational as well as a factual understanding of the charges against him? >> I do. >> Do you believe he’s currently competent was legally sane at the time of the offense? >> I do. >> Mr. H A H A T A Has anyone threatened you, coerced you, or placed you in fear to get you to enter this plea? Anyone promised you anything other than the plea? >> No.

>> Are you satisfied with the way you’ve been represented? Are you a US citizen? >> Yes, ma’am. >> Court will find that defendant has knowingly and voluntarily waived his right to jury trial. Did you review the plea bargain agreement with your attorney? Did you understand it? According to the plea, there’s a $1,500 fine and the state recommends deferred adjudication.

 Did you understand that to be the plea? >> Yes, sir. >> Defense? >> It is, your honor. >> State? >> Yes, sir. >> Did you review the waiver of appeal paragraph with your attorney? Did you understand it? Did you sign it in both places? Did you understand by signing that you’re waving your right to appeal? The only items that can be appealed are written pretrial motions that have been filed, heard, and ruled upon by the court.

 Did you understand? Counsel, are there any such motions? >> No, your honor. >> Outside the agreement, the state is requesting that your deferred adjudication be for a term of 2 years, there be a TAPI evaluation, and 180 hours of community service restitution. Did you understand those are recommendations from the state and the court does not have to follow those recommendations? Then to the offenses charged, how do you plead? Guilty, not guilty, or no contest? State, any evidence? >> Yes, sir.

>> No objection. >> All right. State, you may be excused. Did you review the document entitled waiver and consent to stipulation of testimony and stipulations with your attorney? Did you understand it? Did you sign it in all the appropriate places? >> Yes, sir. >> Again, did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call and the right to remain silent.

>> Yes, sir. >> Did you understand that today the state will be presenting evidence in the form of witness statements and police reports, but most importantly there will be no live testimony. Did you understand? >> Yes. >> Court will find that defendant has knowingly and voluntarily waived and consented to stipulation of testimony and stipulations.

 Court will accept into evidence state’s exhibits one and attachments and the court will review the same. All right, after reviewing state’s exhibits one and attachments, the court will find there’s sufficient evidence to find you guilty. Court will defer finding of guilt as you’ve applied for deferred adjudication. Are you proceeding with sentencing? >> Yes, sir.

>> Anything you wish to say on behalf of your client? >> I would ask the court to follow the plea bargain. Um Mr. Richard Ortega is uh has no criminal record. Uh he’s what, 20? 20 years old, Your Honor. This was a big mistake. He understands that and he’ll he’ll do well on probation. I’m sure. >> All right.

 So, why are you going 100 miles per hour? >> To be honest with you, Your Honor, that day I was going to school. >> All right. So, here’s the thing and your attorney will tell you this. When people start a sentence with to be honest with you, usually what’s coming after that is not honest. And then when people say, “In all honesty,” what’s coming is not honesty.

 Whenever you hear people talking and they say, “Well, with all due respect,” what’s about to come is without respect. So, you’re speeding going 100 miles per hour. Why? >> I was going to school. >> Yeah, but why are you going 100 miles per hour? Other people go to school, they’re not going 100 miles per hour. I’m sorry, what? >> running late, Your Honor.

>> So, you’re running late and what school were you going to? >> I was going to Pathways Academy. >> And whose car were you in? >> In my vehicle. >> All right, do you have insurance on that vehicle in your name? >> Yes. >> And were you paying for that vehicle and paying for the insurance? >> I don’t know who’s paying for it.

>> Who was paying for the insurance? >> mom. And so, how long were you and joined home education with Pathways? And where were you doing education before Pathways? >> It was uh Stevens High School. >> All right. So, why were you at Pathways home as opposed to Stevens? >> Um I had to drop out at G.

 Stevens High School during the pandemic because they weren’t counting me present in my classes anymore. >> Mhm. >> And I wanted to go back to school. So, we had found a educational program for students that wanted to work from home or if they wanted to could go to the school physically if they felt comfortable with it.

 I was 20 at the time. And I’m trying to go back to school now. >> So, have you graduated? >> No. >> So, how do you >> That uh um made everything fall apart. >> And then I I bet when you went to jail that sort of woke you up, too. >> Yes, ma’am. >> So, how far did you go in school? >> How far? About junior year. >> So, you’re in your junior year, you’re 20.

School is different from way when I went. Uh >> At that time >> It was rare that 18-year-olds were still in high school. They had already graduated. So, I’m trying to figure out why at 20 I’m sorry. >> I get no backing first grade. But I was 19 at the time. So, I was still eligible for a high school diploma.

 So, that’s why I was going through that educational program to get my diploma. >> All right. How long have you been out of custody? >> Six days. I believe. To be honest with you, I don’t remember. >> You don’t remember? >> No, ma’am. >> All right. Either you’re just trying to put that behind you or it didn’t make enough of an impact.

 So, have you been out of custody for more than a month? More than 3 months? More than 6 months? All right. So, you haven’t been in school since you’ve been out of custody. So, what have you you’ve doing? >> I’ve been uh working. Been hopping job to job. >> Working doing what? >> Uh I was working industrial and then for a little bit I was also working as a cook.

>> All right, when you say working industrial, what do you mean by that? >> I mean I made automotive vehicles. I worked for a Toyota for a little bit. >> Okay. And why did you stop working at Toyota? >> Uh I stopped working at Toyota cuz I couldn’t do the hours. It was 2 weeks on day, 2 weeks on night and trying to transition through that was >> So you quit.

 And when you quit working at Toyota, did you give them a 2-weeks notice? >> Yes, I did. >> All right. And when you quit, did you already have another job lined up? >> I did. I was searching. >> Mhm. And is the reason why you didn’t have another job lined up cuz you knew you could live with your mom? >> Well, that, yes.

 And because I wanted to look for another opportunity somewhere. >> Well, here’s the thing. If you’re living by yourself and or either if you’re living and the household is dependent on your income, you can’t just say, uh this job, I don’t like their hours, so I’m going to quit. Here’s my 2-week notice and I don’t have anything fall fall back on.

Cuz for example, if your mother were to say, I don’t like my job, if she’s working, I don’t know if she’s retired or not, but if she’s working, she can’t say, I don’t like my job, I don’t have any other place to to go. I’m just going to quit. And children, just so you know, your mom is quitting her employment, so you all going to have to pick [laughter] up You’re an adult.

 And is your mom with you to you today? >> No, she She was this morning, but she couldn’t come. >> So your mom was here with you this morning. And she’s going to work. So here’s the thing. You can’t just You’re an adult. Even though technically, you’re 20, people still see you as young. 17-year-olds, 18-year-olds, 19-year-olds, people still see them as young, but technically you’re an adult.

 So you got to put away the childish things. You can’t just quit a job and say I’m going to find something else. And for you to be working at Toyota, I’m sure Toyota was play paying you well, but you haven’t even graduated high school and you got a good job. And it’s Toyota. Maybe you don’t like the hours.

 My mom, she used to work on rotating shifts and you know what her shifts were? And I’m probably going to get this wrong, but I think it was 7 days straight. And she had to do rotating shifts. So, she had a morning shift. You do that for 7 days, then I think they give you like 3 days off and then you have the middle shift, which is the 3 to 11 shift.

 You do that for 7 days, then they give you 3 days off, then you have the graveyard shifts. It It was either 7 days each shift or 14 days each shift. And you know what? She didn’t quit that job. You know why she didn’t quit that job? Because people were depending on her paycheck. Her children were depending on her paycheck.

 So, you need to stop and start growing up and stop thinking that you can just quit a job and a new job is just going to pop up. You understand? Don’t quit a job or give them your notice until you know you have another job. And so, you’re a cook. I’m sure where you a cook at? >> I was a cook at a free clinic. >> All right, so you were a cook.

 So, what are you Where are you working now? >> I’m currently >> See? You’ve quit two jobs already. And I’m sure Toyota had good benefits. And you know what the other people who are saying, who are working that rotating shift? You’re behind now. And this is what I mean about you’re being behind. You’re going to look up and you’re going to be that person going from job to job and then the people who were at Toyota with you, they’re going to be ready for their retirement and they’re going to say, “You know what? I already put in my 20

years.” Whereas you may end right back up at Toyota and you’ll only have a year in and you’re looking at doing 19 more. Don’t be a leaf blowing around in the wind. You understand? many children do you? >> Just me and my dad. >> I didn’t want to ask that question, but I was like, please. You got to work on yourself first before you do that.

All right, so there’s going to be a $1,500 fine. I’m going to probate that. Not for you. I’m probating it for your mom because I know she would help you pay that. So, we’re going to probate that. I’m going to place you on 2 years deferred adjudication. You’re going to get an You’re going to get employment.

 You understand? And I’m going to require that you stick with that job. The only time you can leave the job you have, of course, if there’s something dangerous happening. They’re violating OSHA standards. The only time you’ll be able to leave that job if they’re not violating OSHA standards, is if you already have another job. You understand? We’re not going to do that anymore.

So, it’s going to be proof of employment within 30 days. There’s to be no employment as a home health care provider or with minors. Oh, and by the way, at Toyota, that shift you were working I’m sure if you put enough time in, they probably would have given you a different shift. Those shifts are usually for people that they’re trying to see if you’re going to last.

 So, if I were in your position and I haven’t graduated from high school, Toyota seems like it’s a good place to be in as far as benefits, 401k. They’re I’m sure they’ll do medical, dental, all of that. You understand? Uh there is going to be regular reporting by Zoom or in person. There’ll be regular random UAs. Uh defensive driving course.

 Uh 180 hours of community service restitution. Uh that will be waived if uh he completes uh his GED or if he graduates from school or if he enters and successfully completes a trade school. There’s going to be field visits one time per month for 2 months. Uh probation, Is there anything else he needs? Is there anything else you need from the court to be successful? Did you review the document entitled trial court certification of defendant’s rights to appeal with your attorney? Did you understand it and sign it? Because this is a plea bargain

agreement, because I follow your plea bargain agreement, and because you waive your right to appeal, you do not have the court’s permission to appeal. Do you understand? All right, so we can go off the record. Here’s the thing, you’re going 100 miles per hour, and guess what could have happened? One, you’re not a race car driver, right? You could have easily hit a child who was walking through the crosswalk, because guess what? Children tend to be walking through crosswalks during school. Could have been somebody from

high school. Could have been one of the little elementary school children who are just trying to make it to school, and you’re speeding at 100 miles per hour. This is not Fast and the Furious. You understand? And you easily could have been killed. You could have wrapped your vehicle around a um you know, a light pole, or ran into the school.

You understand? All right, and then if that would have happened, you know what? They would have been trying if you would not have survived, they would have been trying to sue your mom. All right? Good luck to you. >> Thank you, Your Honor. >>