03x29 - sh**ting Victim Seeks Payback

[bunniefuu]

You had an altercation with her.

I got a punch that come behind my head.

He tore up a wardrobe of mine.

There was some TV damages done.

I have no idea what she's talking about.

I was just done and over
the physical abuse, the verbal abuse.

I suggest you stay
far away from each other.

Do you understand?

[announcer]
This is Judy Justice.

[theme music playing]

[announcer] Blandy O'Byrne is suing
his ex-girlfriend, Chirella Williams,

for stolen property
and money taken from his bank account.

[Kevin]
Court, come to order. All rise.

Have a seat, please.

-Hello, Judge.
-Hello, Kevin.

Case 3056,
O'Byrne versus Williams.

-Thank you.
-You're welcome.

Mr. O'Byrne, you and the defendant
were a couple for a while.

Yes.

[Judy]
From when to when?

2021 to 2023.

[Judy]
When in 2023?

October.

[Judy]
Well, we're not there yet.

October of 2023
comes up in a few months.

That was 2022 I meant.

[Judy] Okay, so from 2021
to October...

-2022.
-[Judy] ...of 2022.

Yes, my bad.

And you lived together.

According to what I've read,
you took an apartment,

and the lease was in both your names?

-[Blandy] Yes.
-Yes, Your Honor.

[Judy] And in what month and year
was that lease signed?

In June.

June of 2022?

[Blandy] Yes.

[Judy] Okay, you are in a wheelchair
as a result of being shot.

Right.

When were you shot?

June 23rd.

-[Judy] Of what year?
-2022.

Under what circumstances?

It was an altercation with my mother
of my kids and her boyfriend.

[Judy]
Okay, so with somebody that you knew.

[Blandy] Yes.

[Judy]
And was that person arrested?

No.

[Judy]
Did you know who it was?

Yes, I know who it was.

Is there any reason why
that person wasn't arrested who shot you?

I had a g*n myself.

And then the g*n happened to go off.

I didn't have an altercation
with the person.

So it was with somebody else.

He was just there,
and then they started sh**ting.

When you moved into the apartment
with the defendant, you had not been shot?

[Blandy] No.

[Judy] So when you were shot,
you were hospitalized for a while?

-Yes, I was...
-[Judy] How long?

...actually in the hospital
for about three, four months.

[Judy]
I'm gonna come to you with some dates.

Yes, Your Honor.

You moved into this apartment together
in October of 2022?

We moved in June of 2022.

[Judy]
And he was shot that same month.

Yes, ma'am.

[Judy] And he spent
several months in the hospital.

He spent, like, three months
in the hospital. Yes, Your Honor.

Your complaint against the defendant
is that she used some money

because you subsequently
became incarcerated.

She didn't use it. She stole it.

She used, stole...

You were living together.

Yes.

[Judy]
I assume sharing expenses?

Right.

[Judy]
And you had a bank account?

[Blandy] Yes.

[Judy]
You were incarcerated?

Yes.

Which means that whatever income
you had went into that bank?

[Blandy]
Yes, ma'am.

[Judy] And the two of you,
when you were in the apartment,

shared expenses, including rent.

How did you expect her to pay rent
with you incarcerated

if she didn't use your money
that was going into your bank account,

which she had control over?

The rent was already paid
for three months.

[Judy]
You were incarcerated on what date?

I was in OSS Hospital
when the rent was already paid.

Well, you were in the hospital,
but then you went to jail.

[Blandy]
I went to jail.

Okay, you went to jail
from when to when?

October till April.

[Judy] The lease wasn't up until May.
How was she supposed to pay rent?

That's what I'm saying,
I paid the rent.

Are you telling me, in October,
you paid October, November, December,

January, February, March, April, May?

I paid for three months.

[Judy]
Which three months?

From October...
maybe till December.

[Judy] Let's say it's true.
I assume you can prove to me

that you paid the rent
for those couple of months.

What happened to December,
January, February, March, and April?

What about those five months?

We actually didn't have an agreement to...
for me to pay anything, so I was...

[Judy]
You were both on the lease.

You were both
fully responsible for the rent.

[Blandy]
Right, right.

And you were paying
something towards the rent.

-[Blandy] Right.
-Well, I'm asking you,

how do you expect her to pay the rent?

What was the total rent?

The rent was 750 a month, Your Honor.

[Judy]
And prior to going to jail,

how much did you
contribute towards the rent?

Uh...

"Uh" is not an answer.

I wasn't working at the time
because my situation.

From October, I was being incarcerated
and I applied for disability,

and then I was waiting
to get approved while I was...

Well, you got disability.

That's what you're complaining about,
that she took money out of your account.

The money that
came out of your account

to pay some of these bills
was from disability.

I wish she would've paid
some bills with it.

That would make me feel a lot better,
but she never paid no bills.

She just used the money
for unnecessary stuff, so...

How do you know that?

[Blandy]
Because I have the proof.

If she would've paid the bills
with the money, when I got home,

when I get out, I would probably
have somewhere to go.

But when I left the hospital,
I had a GoFundMe that has a little money

that was helping paying bills.

[Judy] Just a second.
You did a GoFundMe?

-Yes, from the hospital.
-[Judy] For what?

From the months I was in the hospital,

so to help me
with my medical needs and stuff.

[Judy] How much did you collect
from a GoFundMe page?

Um, 2,800-something.

Do you have an outstanding medical bill?

No, I don't.
I actually had Medicaid at the time.

[Judy]
So that you had no hospital bill.

You walked out of the hospital,
didn't pay anything.

No. I applied while I was in the hospital.

It doesn't matter.
You didn't pay anything, correct?

No.

So what did you do
with the $2,800 you got from...

-No, I...
-Shh. Shh.

[Blandy]
Okay, I'm sorry.

What did you do with the $2,800
that you got from the GoFundMe page?

I'm just curious.

I actually bought a lot of stuff
for me to use.

When I got out,
I needed a lot of stuff.

[Judy]
Okay, you say she took money.

Did you take any money
out of his account?

[Chirella]
Yes, Your Honor, I did.

How much did you take out?

I roughly spent
maybe three grand on bills.

Okay, and what did you
spend the $3,000 on?

There was rent. There was food.
There were utilities, my car note.

[Judy] Well, why is he responsible
for your car note?

Why is he responsible for your food?

Blandy agreed to take care of me
because I was not working.

I stopped working
when he had his incident,

his sh**ting incident.

I stopped working to take care of him,
to be there for him,

and so I had no income coming in.

Blandy stated to me
that once he received his disability,

he was going to take care of me
because he had been

priorly living with me
and not paying any bills.

[Judy]
Is that right, sir?

-I was...
-Shh. That's a simple answer.

She said something to me,
it sort of makes sense,

and all I'm asking you is, the statements
that she just made to me,

are they accurate?

Oh, no, no, no, no, no, no.
That doesn't make sense to me.

He tried to attack her
with a crowbar, Your Honor.

Just a second.
That doesn't make sense to me.

-Well, yeah, he got physical.
-I've been in this business for...

I've been in this business
for much too long, folks,

for, "Oh, I want my mail
and I didn't give it to you,

-so he went to jail for six months."
-That is what happened, though.

Yeah, that didn't happen.

[theme music playing]

[announcer] Blandy O'Byrne claims
his ex-girlfriend, Chirella Williams,

stole his property and wrongfully
withdrew money from his bank account.

Chirella is countersuing
for property damage.

The statements that she just made to me,
are they accurate?

Somewhat.

[Judy]
What's not accurate?

[Blandy] Uh...

[Judy]
Were you living with her?

Yes, ma'am.

[Judy] Were you paying bills
when you were living with her?

-Rent, food, utilities?
-[Blandy] Yes.

Were you paying for that?

I actually paid for food.

[Judy]
Okay, so you paid for nothing.

And then prior to your becoming
incapacitated, was the defendant working?

She actually was working,
and then she stopped working.

[Judy] She was working.
What was she doing?

You were living together,
so you know what she was doing.

What was she doing?

She wasn't really taking care of me.
She stopped working...

[Judy]
I didn't ask about taking care of you.

She wasn't doing nothing.

[Judy] I asked, was she working prior
to your becoming incapacitated?

[Blandy] Yes.

What kind of work was she doing?

[Blandy] Nursing.

-She was a nurse?
-[Blandy] Yeah.

Are you still nursing?

Your Honor,
I'm a medical office receptionist,

so I'm not a nurse, Your Honor.

[Judy] Should have gotten to know you
a little bit better.

Okay, and on what date
did you leave that job?

I stopped working in July.

He was shot in June.

[Blandy]
June, yes.

And then you were
in the hospital for a while.

Yes.

[Judy] And prior to being shot,
you were not in a wheelchair?

No.

[Judy] When you came home,
was the defendant at home?

Sometimes.

[Judy] What do you mean, sometimes?
She was on the lease.

[Blandy]
After a couple months from being there,

she didn't wanna be at the house.

She was getting...

-Was she with you in July?
-[Blandy] Yes, ma'am.

Was she with you in August?

-Yes.
-[Judy] Okay.

What credit card charges
do you believe exist

that the defendant used your credit card
without your permission?

Oh, right here.

This is a checking account statement, sir.

It's the checking account.
It wasn't a credit card.

So she never used
your credit card without permission?

-It wasn't a credit card.
-[Judy] Okay.

It was a checking account.

In January, February, and March of 2023,
you were incarcerated.

[Blandy] Yes.

[Judy]
What were you incarcerated for?

Um, it was a warrant that I have.

Your Honor, it was a warrant
from a violent situation

that he incurred with his witness.

[Judy]
Tell me about it.

[Chirella]
They had a disturbance at her location,

and they arrested him
from the house that we shared,

due to a warrant from his witness.

[Judy] Okay, and was that
because you called the police

because you were having an altercation?

I called the police
because we were having an altercation,

but they arrested him due to an incident
between him and his child's mother.

[Judy]
Okay, and when did that occur?

[Chirella]
That occurred October 28th.

Now, what items do you say
that she took from you without permission?

All my personal belongings, like clothes,
shoes, everything, everything.

I left with nothing at all,
like, when I got out.

When you got out of jail?

-[Blandy] Yes.
-Okay.

When you got out of jail, what was
the date that you were released from jail?

April 14th.

And where did you go?

I actually sleep in the car
that night because...

[Judy]
Where'd you go the next day?

The next day, my kid's mother
helped me find a hotel and pay for it.

What happened to the apartment that
you had been sharing with the defendant?

The week before I got out,
me and the defendant,

we was actually talking.

When I got out, she was gonna release
everything to me so we can move on.

-But the week...
-[Judy] So you could move on.

So we both can move on.

So the week before I got out,

she stopped answering
the phone from the jail,

and then she had a plan to move out.

But she, when she...

Well, the lease was up
the next month.

I don't think the lease was off yet.

Yeah, the lease
was gonna be up the next month.

-It was a year.
-[Judy] It was a year lease.

Well, I'm not sure about that, but...

[Judy] Well, I'm telling you,
it was a year lease.

It was going to be up the next month.

Okay, okay. Well, then again,
she didn't want me to be there anymore...

Well, you had an altercation
with her, did you not?

After my accident, she started...

[Judy] Just a second.
You had an altercation with her?

We had, yes.

You had the altercation in October?

-[Blandy] Yes. Yes.
-Right?

And as a result of that altercation,

another warrant dropped on you
from another incident.

Yes.

[Judy] So I can imagine that she
didn't wanna be with you anymore

because she had called the police on you
as a result of the October incident.

No, that wasn't the reason.

[Judy]
Why? What was the reason?

The reason was because
I wasn't good enough at that point,

because of my situation.

I was in a wheelchair.

-She didn't want...
-That's not true.

[Blandy] She didn't want nothing
to do with me at that point anymore.

Okay.

[Blandy]
The only reason...

She actually lead me on

when the doctor told me
I couldn't walk anymore.

I told her, "You don't have to be there
if you don't want to."

And even my mom told her that
when she'd seen her outside the hospital,

but she kind of feels
some tough way about that.

And then when I told her,
after that, she told me,

"Well, your mom told me
the same thing,

but I choose to be here because,
you know, I love you," this and that.

So she lead me on,
tell me, "I'm gonna help you.

You can come back home,"
with this and that.

And then a couple months
after the little money I got

from the GoFundMe was over,

everything I said was an argument
and we started getting into an altercation

every other day
because after the two months,

I didn't have nothing
to basically give her anymore.

And being in my situation,
it's like she was using that to,

you know, take advantage of everything.

What did she take?

She took my clothes,
everything that I own.

-[Judy] Clothes.
-She take everything that I own.

Your Honor, I took some of his belongings
to an address that he resides at also.

I dropped some belongings
off over there in Independence, Missouri.

[Judy]
And do you know who lives there?

Yes, his brothers live there.

And what did you bring over there?

I dropped off a couple tubs...
of clothes, Your Honor.

I didn't wanna bring
anything personally to him

because I just kind of feared for my life.

And so I dropped some belongings off
prior to him getting out.

And then once he was released out,
I kind of took some time to give him

some of his rest of his belongings
just because I was scared.

[Judy] How did you give him
those belongings after he got out?

-I personally handed them to him.
-[Judy] Where?

His address in Independence.

-[Judy] Where his brother also lives?
-Yes.

You remember that?

No. I have no idea
what she's talking about, Your Honor.

[Judy]
What address is on your driver's license?

Uh, her address, actually.

Okay. Did you call anyone before you went
over there with these bags of clothing?

I talked to Blandy and I told him
I was gonna drop his stuff off.

He gave me an address
to drop the stuff off.

[Judy]
Can I see that, please?

Do you remember that, sir?

No, Your Honor. Um...

-Okay. Just don't say anything.
-[Blandy] Yep.

Then she's gonna show me.

I actually give her an address,
but nothing ever...

Just a second. So now you're
remembering that you gave her.

-[Blandy] Yes, I did.
-I'd like to see what she has, please.

It doesn't say anything.

"I will give you your belongings.
We can move on."

It's up at the top
where I'm asking him for the address.

"Address or what?"

[Chirella] He's not sending it,
but he did send me an address.

I just don't have that with me,
Your Honor.

[Judy]
Okay, but I wanna tell you something, sir.

In this text exchange,
she says, "Address or what?"

And you answer her,
"Enjoy my money while it lasts."

You remember that?

And then when you got out of jail,
you were on probation?

I was already on probation
for something else.

What were you on probation for
for something else?

Probation violation.

Well, you don't go to jail
for probation violation

unless there's
another underlying crime.

[theme music playing]

[announcer] Blandy O'Byrne has accused
his ex-girlfriend, Chirella Williams,

of stealing property
and taking money without his permission.

Chirella is countersuing Blandy
for property damage.

[Judy]
I'm now addressing your counterclaim.

I want you to tell me what happened
on October 28th.

So what happened was
I came home to him

tearing up different items
around the house.

He tore up a wardrobe of mine.

There was some TV damages done.

As I came in the house, we were arguing.
We had been arguing over...

[Judy]
What were you arguing about?

[Chirella]
I no longer wanted to be with him,

just for the past things
that I've experienced with him.

I was just done and over the drama,
the mental abuse,

the physical abuse,
the verbal abuse.

My kids are witnesses to this.

I was just done, Your Honor.
I wanted to move on.

So I called the police,
and then they informed me

that they were arresting him
on another charge

for whatever he had going on
with his children's mother.

-Now you can stand up.
-[Ornaia] Okay.

[Judy]
Tell me your last name.

Moore.

-[Judy] Ms. Moore.
-Yes.

[Judy] You and the plaintiff
have a child together?

Yes, ma'am.

-[Judy] One child?
-Yes, ma'am.

Plaintiff was arrested
for an altercation that he had with you.

-[Ornaia] Right.
-[Judy] When did that happen?

-[Blandy mumbles]
-Huh?

A couple weeks
before he was shot.

He had some mail
coming to my house

and I didn't realize
that he had mail delivered,

and so he came to my residence
and he was looking for the mail,

and I didn't give it to him.

So I asked him to leave
a couple of times.

He didn't leave,
and so then I called the police.

And so that's when he had
a warrant out for his arrest

for basically, like,
disturbance of peace.

Oh, no, no, no, no, no, no.
That doesn't make sense to me.

He tried to attack her
with a crowbar, Your Honor.

[Judy] Just a second.
That doesn't make sense.

I've been in this business
for much too long, folks,

for, "Oh, I want my mail
and I didn't give it to you,

-so he went to jail for six months."
-[Ornaia] That's what happened, though.

[Judy]
That didn't happen, madam.

No, it was like it
kind of got put under domestic

because he did become, like, violent.

-He wanted...
-[Judy] Well, that's what I'm asking you.

-Yeah, he wanted his mail.
-Don't give me this mail business.

[Ornaia] He wanted his mail,
so he had a crowbar,

basically, approaching my vehicle.

And so my nephew went out there
and tried to stop it.

And so they kind of had
a back-and-forth shoving thing.

Just a second.
So now it's getting more serious.

Yeah.

Were you, sir, arrested
with regard to that domestic incident?

Yes.

[Judy]
Was there a trial on that case?

[Blandy] Yes.

What happened with that case?

They dropped it
and just give me probation.

-I dropped the charges.
-No, they didn't drop it.

-If they gave you...
-[Ornaia] I dropped the charges.

Just a second.
Listen to me carefully.

The justice system
does not put people on probation

unless there is a conviction
for something.

Right.

Now, they may have
reduced the charges.

Did you have a trial,
or did you plead guilty?

Pled guilty.

[Judy]
That's a different story.

You pled guilty to what charge?

as*ault.

On whom?

Her nephew.

-[Judy] Her nephew, not her.
-No.

-[Judy] Sit down.
-Okay.

Sit down.
I can rely on nothing that you tell me.

So you were convicted
of as*ault on her nephew.

You were placed on probation.

I was already on probation
for something else.

What were you on probation for
for something else?

Probation violation.

Well, you don't go to jail
for probation violation

unless there's another underlying crime.

-What was the underlying crime?
-Driving. Driving.

-[Judy] Driving?
-Yes.

[Judy]
No. Driving is not a crime, sir.

You were never on probation for driving.

[Blandy]
Yes, I was.

-Well, not in this country.
-[Blandy] Okay.

Not in this country.

You may be on probation
if you have an aggravated DUI.

You may be on probation because...

Suspended license, ma'am.

[Judy]
Well, because you had no license.

Yes.

Even driving on a suspended license,
you don't go to jail.

Unless you had something
more serious before that.

No, Your Honor.

You seem to have
an awful lot of legal problems, sir.

I have.

[Judy]
You have an awful lot of legal problems.

You were living with this lady,
she took out money, she paid bills.

Forget it.

You used your GoFundMe page.

I don't know what for.

Here's a phone.

I listened to your counterclaim.

Your counterclaim didn't say much.

It said he destroyed
some things in your house.

[Chirella]
Yes, Your Honor.

Blandy tore up some TVs
that were in the house.

I have pictures of.

That was in October.

October of...

-[Judy] Almost a year ago.
-Yes, Your Honor.

[Judy]
Almost a year ago.

-We're almost a year later.
-[Chirella] Mm-hmm.

If he destroyed some of these items,

where have you been
about filing a case against him?

So I realize that the police department,
they put out a warrant for the damages

that occurred October 28th
to the iPhone of mine.

-[Judy] Do you have...
-I have the police report.

-Yes, Your Honor.
-[Judy] I'd like to see the police report.

You cause any damage
to things in her residence?

[Blandy]
Actually, what happened...

Just a second.
It's either yes or no.

-[Blandy] No, Your Honor.
-Okay.

Okay, the only thing that was
reported damaged was an iPhone.

-Yes, Your Honor.
-[Judy] Period.

And the police reported
that it was broken front and back.

Nothing else.
No TVs, no nothing.

That's what the police reported.

They spoke to you
and that's what you said was damaged.

-Did you damage her iPhone?
-No, ma'am.

How did it get damaged?

What happened was, the altercation
that happened between me and her,

she started.

I was in the kitchen
and then she was in...

She was in the bedroom, and the next thing
I know, I was opening the fridge.

I'm sitting there, and then I got a punch
that come behind my head.

And then she took off running
and went outside,

and then called the police.

What did you use to call the police?

Um...

[Judy]
"Um" is not an answer.

What did you use to call the police?

-[Chirella] My cell phone, Your Honor.
-Yeah.

Your counterclaim is dismissed.

So is your claim, sir.

I suggest you stay
far away from each other.

And I'm gonna tell you one thing.

If he has violent propensities,
you think twice.

Be smart.

Goodbye, both of you. Goodbye.

[Kevin]
This court is adjourned.

Blandy freeloaded off of me
for a year and a half.

I don't think it was fair enough.

I didn't really get my point across.

The final straw is my kids.

My kids had endured enough,
and it was just time for a change for us.

Forgive her. I guess she needed
the money more than I do.

I'm not...
I'm not really mad about it.

It's okay.

I'm okay with the judge's decision today.

I'm just gonna get
my protection order and move on.

You know what was most distressing
to me about that case, Sarah?

The plaintiff's girlfriend...

-Mother of his child.
-...the mother of his son,

was a well-spoken, articulate,
together woman

with whom he's currently living,

despite the fact that
he was convicted of a serious as*ault.

He was originally charged
with aggravated as*ault on her nephew.

Then you have the defendant,

another articulate,
seemingly together person

who had a responsible job before him.

These two women, accepting a place
where they know they're going to live

in fear of somebody
that has violent propensities.

-[Sarah] Yeah.
-They both know it.

At least with the defendant,

after they had that altercation
in which she called the police, she left.

She said, you know, her testimony today
was, "That was it for me."

But you can't say the same thing
for the mother of his child.

So it's just unfortunate
that she'll have to live with that fear.

-I don't know for how long.
-[Sarah] We'll see.

[announcer]
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[theme music playing]