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SUPERIOR COURT OF THE STATE OF CALIFORNIA

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FOR THE COUNTY OF SAN BERNARDINO

DEPARTMENT R-2 HONORABLE MICHAEL A. SACHS,

THE PEOPLE OF THE STATE OF CALIFORNIA, ) )

Plaintiff, ) ) Case No.

-vs- ) FWV-1000938 ) )

TRAVIS EARL JONES, Defendant.

) ) )

JUDGE

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APPEARANCES:

For the People:

REPORTER'S TRANSCRIPT OF SENTENCING

BEFORE HONORABLE MICHAEL A. SACHS, JUDGE

RANCHO CUCAMONGA, CALIFORNIA

DECEMBER 7, 2010

MICHAEL A. RAMOS District Attorney BY: DAVID SIMON, Deputy 8303 North Haven Avenue Rancho Cucamonga, CA 91730

For the Defendant: TERA HARDEN 22

Attorney at Law

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25 C o PY 26

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Reported by: Maureen Bernard, C-10158 Official Reporter

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RANCHO CUCAMONGA, CALIFORNIA; TUESDAY, DECEMBER 7, 2010

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DEPARTMENT R-2 HONORABLE MICHAEL A. SACHS, JUDGE

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MORNING SESSION

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APPEARANCES:

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The defendant is present with

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his counsel, TERA HARDEN,

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Attorney at Law; DAVID SIMON,

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Deputy District Attorney of

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San Bernardino County, representing

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the People of the State of California.

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(Maureen E. Bernard, CSR,

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Official Reporter, C-10158.)

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MR. SIMON: We're also prepared to go forward on Travis

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Jones.

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THE COURT: That's the sentencing?

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MR. SIMON: Yes, sir.

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THE COURT: People versus Travis Jones.

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MR. SIMON: David Simon for the People.

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MS. HARDEN: Good morning, your Honor. Tera Harden on

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behalf of Mr. Jones, who's present before the Court coming

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forward.

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MR. SIMON: Your Honor, in this matter, just so the

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Court is aware, we have one witness that's requested to

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Department, on this sentencing matter before the Court makes

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a decision.

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THE COURT: All right.

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MS. HARDEN: Your Honor, there are a few corrections

,1_,TVW,EENE.BEWARID,CSR,W,DR,

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and additions to the report.

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THE COURT: Let's hear from the police department

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first.

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MR. PURVIS: Hello, your Honor.

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THE COURT: How are you?

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MR. PURVIS: Thank you for letting me speak today.

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THE COURT: Sure.

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MR. PURVIS: This is a first for me. If I could give

9 you just a little background. Travis Jones used to be

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employed by the Banning Police Department when this incident

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was first being investigated. It was brought to light. I

12 was made aware of this investigation. Travis Jones was then

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released on probation. About 18 months later, I believe, we

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found out that another employee of the Banning Police

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Department was possibly involved in this particular case.

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He's mentioned in the police reports.

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And what Travis did for our department is he helped us

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in an administrative manner. The police department hired a

19 private investigator to investigate incidents involving a

20 current employee, and Travis agreed to be interviewed on two

21 separate occasions. He was candid about his involvement and

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the involvement of the officer who we were investigating.

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And because of that cooperation, it helped us critically and

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it was crucial for us bringing our administrative

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investigation to a conclusion.

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So I just want to let you know he's cooperated fully

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investigating at the police department.

.94AVREENE. oEWARD, CSX UR

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THE COURT: Great. Appreciate it.

MR. PURVIS: Thank you.

THE COURT: Thank you very much.

Can we get your name, sir, again?

MR. PURVIS: It's Leonard, L-e-o-n-a-r-d, Purvis,

P-u-r-v, as in Victor, -1-s. I have a card here.

THE COURT: Sure. Your position with the department?

MR. PURVIS: I'm the chief of police, your Honor.

MR. SIMON: And I will represent to the Court that it

was this aspect of cooperation by Mr. Jones that was the

reason why the People agreed to make the 120 days in our plea

agreement a lid rather than a do.

MS. HARDEN: Your Honor?

THE COURT: Yes.

MS. HARDEN: If I can add, on Page 1 of the report --

it's actually Page 2 under "Circumstances of the Offense."

It lays out a conspiracy that occurred after the vehicle was

taken to Mexico. There was actually another conspiracy that

was not charged against two additional people, one of which

was Terry Vilazardo (phonetic) and the other was Relli

Vilazardo (phonetic). One, Terry Vilazardo is an employee of

the Banning Police Department. That's who Chief Purvis was

speaking about, and he is throughout the police reports in

the investigation completed by CHP. That's not in the

report, and I think it's appropriate that it be in the report

as they were actually involved in taking the vehicle across

the border of New Mexico.

THE COURT: Anything further?

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11./TOUEN E. BER7V -ARD, CSR RPR

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MS. HARDEN: I think that Mr. Jones regrets his

decision. If he could go back and redo it, he would. More

than anything he's lost his career. He now has a felony

conviction and his career path that he was on has been

completely and totally disrailed. I don't think a

significant jail sentence is worthy or merited in this case.

I believe a period of time on electronic monitoring or work

release is appropriate, but I would say, you know, 30 to 60

days. He has learned a lesson from this.

Additionally, on the terms and conditions, I don't

believe that the recommendation that his license be revoked

under 13350 of the Vehicle Code is appropriate. A vehicle

was involved but if you read 13350, it's not appropriate.

It's not a DUI. It's not a driving offense. It was an

insurance fraud offense.

Additionally, I'm not appointed counsel. So I would

request that he not be charged for my services. He has

already paid me.

Your Honor, it was also the agreement that after a year

if he complies and pays his fines and fees, reports, and does

the terms and conditions, that it would be reduced to a

misdemeanor.

THE COURT: Mr. Simon?

MR. SIMON: Well, with regards to the one year, that's

correct. We will agree to early termination under 1203.3,

1203.4 and 17(b) after one year, assuming he does everything

he's supposed to do on probation. That's not an issue.

The 13350 recommendation, I can't represent that a

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.4A`VREE.7V- E. BE .AXE, CSX KR.

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vehicle wasn't incidentally related. I will concede that it

wasn't directly related to the offense, and the consequences

of the license suspension would be pretty severe.

With regards to the jail time, as I said, this was a

lid, hoping that we would get cooperation; apparently we

have. And it was of great benefit to the Banning Police

Department that Mr. Jones chose to cooperate in the

investigation. We were able to advance an investigation

which will hopefully lead to getting rid of a dishonest

police officer which is of great importance to the

administration of justice. So we think that the Court should

give serious thought to going below the lid amount of 120

based on that.

THE COURT: What would be your recommendation?

MR. SIMON: I'd like to see some. I would ask for 60.

THE COURT: All right.

MR. SIMON: Weekends, work service, electronic

monitoring.

MS. HARDEN: Your Honor, there is one additional

correction in the report. He actually did serve two days in

custody.

MR. SIMON: That's true. He did.

THE COURT: Well, it concerns this Court greatly when I

have a peace officer involved in criminal activity such as

this. Not only does it demean the office, it also erodes the

credibility of peace officers generally. Peace officers have

difficult jobs as it is. Based on what has occurred in the

past and when things such as this occur, it does not serve

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WAVUENE.OEVVARD, CSXUR

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anybody's interest, including the public who relies on

officers not only for their protection but who come into

court as jurors and are asked to judge the credibility of

officers who are testifying at trial on behalf of the State

of California.

But at the same time, I understand that based on the

representation by the chief of police for the City of Banning

as well as the district attorney, that Mr. Jones assisted in

their investigation and appears to have taken responsibility

for his actions. With that, I will agree to the 60 days as

suggested by the People in this case. It will be a weekend

commitment. It's up to the sheriff's department and

Mr. Jones to reach the agreement as to whether or not that's

going to be electronic or not. I leave that to the

discretion of the sheriff's department. That's not my call.

Let's proceed. Can we waive arraignment for judgment

and sentence at this point in time?

MS. HARDEN: So waived.

THE COURT: Any legal cause?

MS. HARDEN: No legal cause.

MR. SIMON: None.

THE COURT: I won't make any finding regarding the

Vehicle Code recommendation. Reimbursement of appointed

counsel fees is not an issue in the case. I will find that

the defendant has the present ability to pay the cost of

conducting the presentence investigation and preparing the

report pursuant to 1203.1(B); of the Penal Code. And I'll

order Mr. Jones to pay the sum $505 through Central

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11AVUEN E. BERNARD, CA, RPR

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Collections through the County of San Bernardino.

Booking fees do not appear to be an issue in the case.

As far as the court security fee and criminal conviction fee,

I will impose a 70-dollar CSC fee, which consists of a

40-dollar court security fee and a 30-dollar criminal

conviction fee. That amount went up as of November 1st.

I will find the defendant has the ability to pay

probation supervision fees at a rate of $15 per month through

Central Collections through the County of San Bernardino.

The order of victim restitution/state restitution fine, and

any other court ordered fines and fees will remain in effect

until paid in full pursuant to PC 1202.4, 1214, 1203.1(B).

They're not to be discharged upon termination of probation.

Is there restitution being ordered in this case,

Mr. Simon?

MR. SIMON: No, your Honor. The victim, Mercury

Insurance Company, has requested no actual restitution.

THE COURT: I'm not sure why it is, then, probation is

requiring $200 per month. If there's no restitution, that's

real high.

MR. SIMON: That's a good question, your Honor.

THE COURT: All right. I'm going to reduce those

payments from $200 per month down to $75 per month. Maybe it

was contemplated restitution was a matter as well as attorney

fees, I'm not sure, but $200 doesn't seem appropriate.

Payments are also to be made through Central

Collections through the County of San Bernardino. I will

require the sheriff's department to obtain a PC296 sample,

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.11A2JUE.9V- E. EW,TIARD, CA, UR.

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unless they verify such sample has previously been obtained

and currently is on file.

The Court will impose a probation revocation

restitution fine in the amount of $200 pursuant to 1202.44.

That sum is stayed pending successful completion of

probation.

Mr. Jones, I am placing you on probation for a period

of 36 months for violating Penal Code Section 550(B) (1). You

will serve 60 days in San Bernardino County Jail with credit

for time served a matter of two days. I'm allowing you to do

that on the weekend. Again, I've reduced the 120 -- not

really reduced, but it was agreed that would be the lid. I

would require you to do 60 days based on the fact that you've

cooperated in the investigation in this case and that you had

the chief of police stand up for you. Otherwise, you'd be

getting the full boat of 120. I just wanted to let you know

that. You're not to violate any law, sir, while you are on

probation.

Can we waive reading of the remaining terms?

MS. HARDEN: We can waive reading of the remaining

terms. I've gone over those with him, and I'll go over them

with him again.

THE COURT: Mr. Jones, are you willing to accept the

terms of probation your attorney has gone over with you as

well as myself?

THE DEFENDANT: Yes, your Honor.

THE COURT: Anything further from the People in the

matter?

WAVUEN- E. OEV/ARD, CSX UR

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MR. SIMON: No, sir.

THE COURT: Sir, I will need you to report to probation

upon the conclusion of your court today, okay?

THE DEFENDANT: Yes, your Honor.

MS. HOWARD: Your Honor, may we approach before we

conclude this matter?

THE COURT: Sure.

(A discussion was held off the record.)

THE COURT: Mr. Simon, do we need to dismiss anything

as to Travis Jones?

MR. SIMON: All remaining charges and allegations.

MS. HARDEN: Thank you, your Honor.

(The above-entitled proceedings were concluded.)

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SAN BERNARDINO

DEPARTMENT R-2 HONORABLE MICHAEL A. SACHS, JUDGE

PEOPLE OF THE STATE OF CALIFORNIA, ) ) Case No.

Plaintiff, ) )

FWV-1000938 Reporter's

) Certificate )

-vs- ) )

TRAVIS EARL JONES, Defendant.

) ) )

STATE OF CALIFORNIA ) ss.

COUNTY OF SAN BERNARDINO

I, MAUREEN BERNARD, CSR #10158, Official Reporter for the

Rancho Cucamonga Superior Court, County of San Bernardino,

State of California, do hereby certify, to the best of my

knowledge and belief, that the foregoing pages 1 through 9

comprise a full, true and correct computer-aided transcript

of the proceedings taken in the above-entitled cause held on

December 7, 2010, dated this 21st day of December, 2010 at

Rancho Cucamonga, California.

ata&I/l_jDe/t4/04; Maureen Bernard, Official Reporter CSR NO. 10158

(11 a n 1,cirrir enrom Pa n-1,-r. nnm 6,,orrn

Maur Bernard,

Thanky u,

ee1

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INVOICE

MAUREEN E. BERNARD, CSR NO. 10158 Superior Court - Department R-2

8303 Haven Avenue Rancho Cucamonga, California 91730

December 21st, 2010

RE: PEOPLE V. TRAVIS EARL JONES FWV - 1000938

Date Description Amount Paid

12-07-10

Transcript of sentencing

$35.00 taken in Department R-2 in the above-entitled matter.

(Original and one copy.)

(Original has been filed with the court.)

APPROVED TO PAY

BILL TO

ENTERED IN TIMESLIPS„.

MAUREEN E. BERNARD, CSR, RPR