Gonzalez Files Appeal of Sentence
July 28, 2016 at 4:25 p.m.
By Craig Brosman-
At his latest hearing, Kosciusko County Circuit Court Judge Rex Reed appointed J. Brad Voelz as his court appointed appellate attorney.
On June 22, Gonzalez , 30, Cromwell, filed an appeal to his sentence of two-and-a-half years each for both Class D felony intimidation charges and 180 days for visiting a common nuisance, a Class B misdemeanor.
On the same day Gonzalez’s attorney David Kolbe filed his notice that he was withdrawing as council for Gonzalez.
Gonzalez was convicted on three of six counts filed against him resulting from a Feb. 26 incident at a farmhouse outside of Leesburg.
Police alleged that Gonzalez was at a party and in possession of cocaine, that he allowed his two children to be in the presence of cocaine, that he intimidated police officers and he was vsiting a common nuisance.
During the hour-and-a-half hearing, Reed asked Gonzalez a multitude of questions in order to determine Gonzalez’s financial situation.
“The matter before the court today is a determination to be made by the court whether or not Mr. Gonzalez is indigent,” said Reed. “The court must determine whether or not Mr. Gonzalez is capable of paying for his own council without imposing a substantial hardship on himself or his family.”
Reed asked Gonzalez if he was married or had any bank accounts. Gonzalez said no and informed the court he had no money.
Reed asked if Gonzalez owned any vehicles and Gonzalez said he owned two 1964 Chevrolet Impalas that were “rust buckets” and only good for scrap metal.
Additionally Gonzalez informed the court that he still owed $42,000 in mortgage payments for a home that he and his ex-wife owned.
Reed then asked Gonzalez who paid for his previous attorney during the trial.
“My mother helped me pay Mr. Kolbe,” Gonzalez said. “My mother is not rich or anything. She had to break her back to get that. I was facing my life.”
Reed then asked if he had asked his mother to assist him with his appeal.
“No I have not,” Gonzalez said.
Once Reed was finished questioning Gonzalez, Chief Deputy Prosecutor R. Stephen Hearn had his chance to poke holes in Gonzalez’s story.
Hearn asked Gonzalez if he remembers telling the probation officer that he had $6,500.
“Yes, but that was for work I was going to do on my mothers house. But since I did not have the opportunity to work on her home since I was in jail I gave that money back,” said Gonzalez.
Hearn also asked Gonzalez if he remembered making a call from jail to his sister Ruby to ask her to take $1,300 out of his pants pocket. Gonzalez said no.
Hearn then went over Gonzalez’s divorce judgment.
“The real estate value of your home with your ex-wife was $18,000,” Hearn said. “The judgment against your ex-wife was for $9,000 and it says that your mom was holding $3,000 of your money for you.”
After Hearn was finished questioning Gonzalez, Reed made his decision.
“The court believes that under the standards of (a previous court precedent). the court will have to appoint an appellate attorney for Mr. Gonzalez,” Reed said. “I will appoint J. Brad Voelz and I will ask the Sheriff to detain Mr. Gonzalez until Mr. Voelz has had an opportunity to speak with him.”
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At his latest hearing, Kosciusko County Circuit Court Judge Rex Reed appointed J. Brad Voelz as his court appointed appellate attorney.
On June 22, Gonzalez , 30, Cromwell, filed an appeal to his sentence of two-and-a-half years each for both Class D felony intimidation charges and 180 days for visiting a common nuisance, a Class B misdemeanor.
On the same day Gonzalez’s attorney David Kolbe filed his notice that he was withdrawing as council for Gonzalez.
Gonzalez was convicted on three of six counts filed against him resulting from a Feb. 26 incident at a farmhouse outside of Leesburg.
Police alleged that Gonzalez was at a party and in possession of cocaine, that he allowed his two children to be in the presence of cocaine, that he intimidated police officers and he was vsiting a common nuisance.
During the hour-and-a-half hearing, Reed asked Gonzalez a multitude of questions in order to determine Gonzalez’s financial situation.
“The matter before the court today is a determination to be made by the court whether or not Mr. Gonzalez is indigent,” said Reed. “The court must determine whether or not Mr. Gonzalez is capable of paying for his own council without imposing a substantial hardship on himself or his family.”
Reed asked Gonzalez if he was married or had any bank accounts. Gonzalez said no and informed the court he had no money.
Reed asked if Gonzalez owned any vehicles and Gonzalez said he owned two 1964 Chevrolet Impalas that were “rust buckets” and only good for scrap metal.
Additionally Gonzalez informed the court that he still owed $42,000 in mortgage payments for a home that he and his ex-wife owned.
Reed then asked Gonzalez who paid for his previous attorney during the trial.
“My mother helped me pay Mr. Kolbe,” Gonzalez said. “My mother is not rich or anything. She had to break her back to get that. I was facing my life.”
Reed then asked if he had asked his mother to assist him with his appeal.
“No I have not,” Gonzalez said.
Once Reed was finished questioning Gonzalez, Chief Deputy Prosecutor R. Stephen Hearn had his chance to poke holes in Gonzalez’s story.
Hearn asked Gonzalez if he remembers telling the probation officer that he had $6,500.
“Yes, but that was for work I was going to do on my mothers house. But since I did not have the opportunity to work on her home since I was in jail I gave that money back,” said Gonzalez.
Hearn also asked Gonzalez if he remembered making a call from jail to his sister Ruby to ask her to take $1,300 out of his pants pocket. Gonzalez said no.
Hearn then went over Gonzalez’s divorce judgment.
“The real estate value of your home with your ex-wife was $18,000,” Hearn said. “The judgment against your ex-wife was for $9,000 and it says that your mom was holding $3,000 of your money for you.”
After Hearn was finished questioning Gonzalez, Reed made his decision.
“The court believes that under the standards of (a previous court precedent). the court will have to appoint an appellate attorney for Mr. Gonzalez,” Reed said. “I will appoint J. Brad Voelz and I will ask the Sheriff to detain Mr. Gonzalez until Mr. Voelz has had an opportunity to speak with him.”
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