Episode 11 "Judge's Second Hardest Decision"

In Episode 11, Judge Small shares how a drunk driver made him a better judge and the search for Arturo Azul continues in True Justice.

Transcript

SPEAKER_01 0:03

The Smoke and Gavel Podcast is now in session. I'm retired Judge Chip Small, presiding over the podcast with my bailiff, Madeline Murraws. We welcome you and ask you to join us as we look at our justice system from a unique, candid, and inside view. Maddie, what's on the docket today?

SPEAKER_00 0:21

Your Honor, today you will be sharing with our listeners the second hardest decision you had to make during your time on the bench, and we will continue the story of true justice. So, Judge, tell us about the second hardest decision you faced as a judge, and will you share with us the hardest decision you made as a judge? Because I don't know about starting with second, but I guess we can choose a great number.

SPEAKER_01 0:43

Well, man, interestingly enough, the second hardest decision I had to make occurred at the beginning of my career, and the hardest decision I had to make was right near the end of my career. So we'll go in chronological order. Aaron Ross Powell, Jr.

SPEAKER_00 0:54

That's fair.

SPEAKER_01 0:56

So first off, our listeners may recall that I was appointed to the bench in June. At the time I was sworn in, I already had two opponents running against me in an election for the last year of a four-year term. So it was a hotly contested race that summer. During that time, I was confronted with a decision in a case that was actually an appeal from an administrative law judge's ruling involving a driver's license revocation. The driver had been pulled over and arrested for DUI. When he was at the jail, he was given a breathalyzer test. However, he didn't blow hard enough to get a valid sample. He was a highly regarded and well-known member of our community. I don't know if that is why the trooper decided to give him another chance to blow, but he did. Again, he failed to blow hard enough for a valid sample. In fact, the trooper actually gave him several more tries to blow. I don't remember the specific number, but I think it was like ten times.

SPEAKER_00 2:01

Most people don't get those many chances.

SPEAKER_01 2:04

No, they don't. But he kept failing over and over again to blow hard enough. So ultimately the trooper determined that the driver was refusing to provide a valid sample. His refusal led to the Department of Licensing revoking his driver's license for a year. So we're talking about an administrative case, not the criminal DUI case. I don't even know how that turned out. Anyway, having a driver's license was essential to this gentleman's career. He appealed the automatic revocation to an administrative law judge. That judge ruled the multiple failures to blow hard enough was the equivalent of a refusal. So his license was revoked. He appealed that decision to my court. At the hearing, several highly regarded members of our community attended the hearing. One was the attorney he had called from the jail before he took the breathalyzer. That attorney happened to be one of the attorneys who was hired by my old firm to replace me. After I heard all the evidence, I took a recess to make my decision.

SPEAKER_00 3:09

Speaking of recess, I'm going to interrupt our podcast for a commercial break. The Smoking Gabble Podcast is sponsored by Judge Small Books and Gatekeeper Press, a full service publishing company empowering authors with complete creative control, professional guidance, and 100% royalties. Whether you're publishing your first book or your tenth, their team makes the process simple, transparent, and truly author-friendly. Listeners of the show can receive 10% off any publishing package with Gatekeeper Press. Just mention code ChIPSMAL when requesting a quote or during your free consultation at gatekeeperpress.com. So, Judge, why was this decision so difficult?

SPEAKER_01 3:46

Well, Maddie, the pressure I felt throughout the hearing was clear. I'm in a contested election running against two other people, and a significant number of very influential people in our community were supporting the driver. For a while I struggled in chambers trying to make up my mind. Then I realized there really was no evidence that the driver had any medical problems, which would have prevented him from being able to blow hard enough to provide a valid sample. Not only that, he had spoken to his attorney before trying to take the breathalyzer. I concluded the only reason I was hesitating was because I knew if I ruled against the driver, following the evidence, my election would be jeopardized. However, I had to look myself in the mirror every morning, and I had pledged at the time of my swearing in that I would apply the law fairly and without bias. Consequently, I went into the courtroom and upheld the revocation of the driver's license. I was essentially saying I was not one of the good old boys, but rather a judge who would apply the law equally, no matter who you might be, and no matter the consequences. Second, several months later, I was having lunch at our local golf club. The driver tried to physically attack me while I was at the lunch. Yeah. Fortunately, his friends held him back before he got to my table.

SPEAKER_00 5:26

I I do want a little bit more on that one. You were at the golf club in the middle of the city.

SPEAKER_01 5:37

Trevor Burrus, Jr.

SPEAKER_00 5:37

Were you guys drinking?

SPEAKER_01 5:39

He I think I was just saying, like, but no, no, of course not. I was I was a I was a judge having lunch. I can't drink during the day.

SPEAKER_00 5:48

Oh, okay.

SPEAKER_01 5:48

Anyway, he so he when as soon as he spotted me, he took off out of his chair and came at me physically. And it and fortunately, the friends he was having lunch with ran after him and grabbed him before he got to my table.

SPEAKER_00 6:01

I bet you would have won. You're a tall guy.

SPEAKER_01 6:04

Yeah, I didn't want to have to do that, though.

SPEAKER_00 6:06

No, no.

SPEAKER_01 6:07

But most importantly, after that, I discovered that making that type of difficult decision resulted in making it a lot easier for me to make similar decisions in the future. Each one got easier.

SPEAKER_00 6:20

Yeah, well, that makes sense. I love that about you, Chip. So, time to read the next chapter of True Justice.

SPEAKER_01 6:29

Chapter 9. The Day of the Shooting. The Silver Honda Civic speeds down the highway toward Eagleton. Approaching the bridge, Arturo slows down, lowers the passenger window, and tosses the firearm into the Eagle River. Just after crossing the bridge, he observes a sheriff's car approaching from Eagleton with its lights on. Azul scrunches down low in the driver's seat and makes sure he is driving under the speed limit. Before long, another oncoming police car goes past him. Then another, then two more state patrol cars, all with their sirens and lights on. Arturo wipes the sweat from his eyes. I have to get home. Then find someplace to hide. He can't get back soon enough to his folks' house in South Eagleton. At the scene of the shooting, Franklin County Sergeant Lane arrives to see a crew of paramedics from the small nearby Lakeview Hospital checking on Officer Hernandez. Lane notices that they do not seem to be administering any medical aid, and he fears the worst. How is he? He asks hesitantly.

SPEAKER_00 7:42

I'm afraid he's gone, Sergeant. There wasn't anything we could do. It appears a bullet severed his carotid artery, and he bled out within minutes.

SPEAKER_01 7:49

Shaking his head, Sergeant Art Lane cannot believe it. Homer was a good man, one of the best. Why? Looking up, Art observes a middle-aged woman in a worn cotton dress, visibly shivering with her head in her hands. She's the one who called it in the paramedic says quietly. Ma'am, may I speak to you? Sergeant Lane asks her. Lowering her hands and looking up, her bloodshot eyes stare at him in disbelief. Before she can answer him, Captain William McGunn of the State Patrol approaches the two of them. He is dressed in his medium blue uniform and wearing his navy blue smoky bear hat. His shoes, as always, have a black mirror finish that glints in the sunlight. He and Lane know each other from past serious accident investigations. Art, can I talk to you a second? Sure, Bill, he says sullenly. Stepping to one side, McGunn says, I'm sorry about what happened. I can't imagine how it feels losing one of your own. Thanks, Bill, Lane states somberly. You need to know a task force to investigate this unwarranted killing is already operational. Since he was one of your own, your office cannot participate in the investigation. The State Patrol is in charge now. I've been assigned to head the task force, which will include the FBI and probably other agencies as well. Lane is somewhat relieved to know Captain McGunn will be the one in charge. Lane knows McGunn is more than capable. I understand, Lane states. I'm glad you're heading it up. Thanks. Would you mind having your officers maintain the perimeter around the crime scene? Absolutely. Not a problem, Lane says determinedly. Again, sorry for your loss. McGunn begins to step away. Captain? Yeah. He turns back toward the sheriff. Be sure and catch the bastard. Arnie Adams finds himself back in the New Dawn conference room with a steaming cup of black coffee, and seated across from him is Beverly Campbell, ex-wife of Carl Stalker. She is a plain woman in her thirties with dishwater blonde hair. She is wearing a dress that looks like it was purchased at goodwill. Miss Campbell, I want you to know that I will do everything necessary to get you reunited with your children. Miss Branch has provided me with your file, and I have reviewed it thoroughly, Arnie assures her. Her dull grey eyes brighten with the look of hope.

SPEAKER_00 10:39

Do you really think you can?

SPEAKER_01 10:41

She asks.

SPEAKER_00 10:42

Carl is awfully stubborn and he thinks he can ignore the judge's orders.

SPEAKER_01 10:46

Well, he may think that, but we're going to make sure he doesn't from now on.

SPEAKER_00 10:51

How how do we do that?

SPEAKER_01 10:53

She asks. We're going to get an order requiring him to come back to court, Arnie replies. Arnie knows courts do not monitor compliance of their orders. The civil justice system requires the parties to bring violations of court orders to the judge's attention. It is up to the opposing party to bring the violator into court to account for his noncompliance. Typically, this is done by an order to show cause why he should not be held in contempt of court. If he has no valid reason for his failure, then the court finds him in contempt and issues sanctions.

SPEAKER_00 11:30

But won't he just ignore that one too?

SPEAKER_01 11:33

If he does, then we'll ask the court to order him to be arrested, Arnie advises her. Once he is in court, then he will have to explain why your daughters have not been in counseling and why he hasn't followed the parenting plan. Judges detest people who think they are above the law by ignoring court orders. Mr Stoker is not going to get away with doing that from now on, he assures her.

SPEAKER_00 11:58

I hope so.

SPEAKER_01 11:59

She sawfully. Miss Campbell, you must trust me when I say Carl Stalker will discover what true justice is. Now, if you'll allow me, I need to ask you some questions so that I can prepare an affidavit for you to sign to get the ball rolling in your favor. Arturo parks the car he borrowed from Lupe's mother on the street behind his folks' house. Cutting through the neighbor's yard, he enters his home through the back door and calls out. As he feared, his mom and dad are both at work. He's afraid to call his mom, so he decides to wait. He is famished. He grabs some tamales from the fridge and puts them in the microwave. Just as it dings, he hears his mother rush in through the front door.

SPEAKER_00 12:42

Arturo, Turo, are you here?

SPEAKER_01 12:44

She calls out nervously. Yes, mama, he replies, walking into the living room.

SPEAKER_00 12:50

What have you done?

SPEAKER_01 12:52

She yells at him. What do you mean?

SPEAKER_00 12:55

You know what I mean. I heard on the radio that a policeman was shot outside Lakeview after pulling you over. What happened?

SPEAKER_01 13:02

It it was an accident, Mama. Honest. You must believe me.

SPEAKER_00 13:07

Knowing the police won't believe her son, she shouts, Grab some clothes and I'll take you to Uncle Tito's where we can figure out what to do next.

SPEAKER_01 13:15

Yes, Mama, Arturo runs upstairs to his room. Near the crime scene, Captain McGunn gathers his troopers, Eagleton police officers, and other county sheriff's deputies who responded to the initial call. After talking to Lupe Rodillo, who claims to be Arturo Azul's fiance, and based on Deputy Hernandez's call to dispatch, we have probable cause to arrest Arturo Azul. We notified Dispatch to put out an attempt to locate Azul. He is considered armed and dangerous, since we have been unable to locate Deputy Hernandez's service weapon. We believe he is driving a silver Honda Civic owned by Catalina Radio, Lupe's mother. Washington license plate, Bravo Echo Charlie 981. Officer Middleton of the Eagleton PD is on his way to Azul's home in South Eagleton now. The investigative crime unit of the State Patrol is in transit. I need some officers to remain here to secure the scene. I'll take Ms. Rudillo to the EPD for further questioning. So listeners, the search for Deputy Hernandez Killer begins. Will they find Arturo or is he going to literally get away with murder?

SPEAKER_00 14:30

I guess we're going to leave them on edge for the next one. So what's on the docket on our next podcast?

SPEAKER_01 14:36

Our next podcast, I'll begin to share with our listeners my experience presiding over the trial of one of the so-called Wenatchee sex ring cases.

SPEAKER_00 14:45

Oh, so you're going to leave us on another edge here. Okay.

SPEAKER_01 14:48

Well, it's we're finally getting into the true crimes that you wanted to get into, and it's not a simple matter.

SPEAKER_00 14:55

Well, we've yet to figure out what your hardest decision was, and now we are on a cliffhanger in the book.

SPEAKER_01 15:01

In other words, listeners, stay tuned. And thanks for listening today. We hope you enjoyed this episode of the Smoke and Gavel Podcast. To learn more, visit judgesmallbooks.com. Don't forget to like, subscribe, and share to stay connected. Until next time, God bless.