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Sister suing brother.

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[narrator]
Now, on Tribunal Justice...

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We were yelling back and forth.

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He grabs me and pushes me
towards the door.

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-Her husband pulled a gun on you.
-Yes.

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She was banging on the door really crazy.
And they were just arguing.

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He's like,
"If you can't calm down, leave."

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Did you pull a gun on this man?

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[narrator] Today's case
was filed in La Marque, Texas.

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Your Honor, this is Case #3011,
Williams vs. McNemar.

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Thank you very much, Cassandra.

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[Cassandra] You're welcome.
You may be seated.

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So, sister suing brother.

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And the lawsuit is over a lawnmower.

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$2,500 plus $150 loan.

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You say that he agreed to pay you,
and he didn't pay,

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other than $140. He still owes you $2,510.

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You say, you did agree to pay her,

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but she came by, tried to repossess it,
and in doing so,

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broke your screen door.
So now, you don't want to pay her.

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And in fact, you're suing her now
in a counterclaim

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to say that that screen door is gonna
cost you $1,600 to repair.

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Yes, ma'am.

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So, tell me a little bit
about your relationship,

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because I can't believe that two siblings
would sue over a lawnmower.

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Were you close growing up?

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No, not really. I mean,
he's always been sort of abusive.

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No, ma'am.

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And then, I think he was like 16, Mama,

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my parents made him go
to a different school.

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But I did notice that you did
live next door to each other, right?

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Or on the same property?

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He was staying with me before
he was living in that house.

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Um, him and his girlfriend
had come down from Arizona

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and he didn't have a place to stay.
And then, so...

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So you let him stay with you.
So, you had this relationship.

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And you went out, and in May of 2021,
you bought a lawnmower.

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Yes.

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And we can see a picture
of that lovely lawnmower.

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It's a commercial lawnmower.

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I mean, I know it sounds like
just a lawnmower,

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-but it's expensive.
-[Patricia] What state do you live in?

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-Texas.
-Big lawns, and all.

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I get it. I understand that you need that,
and it's important.

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So, you buy this lawnmower.
You take out a lease on the lawnmower.

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-It's a 2021 lawnmower.
-Correct.

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The lease value is a little over $6,000.

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Had you not taken out the lease,
you would've paid like $2,800.

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Mm-hmm.

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And you had about 26 months to pay $98
every two weeks for that.

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-Correct?
-Mm-hmm.

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When do you finally pay it off?

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We paid it off September of 2023.

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[DiMango]
When you move in May of 2023,

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you say you want
to buy the lawnmower, right?

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Yes, ma'am.

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The issue here is you say
it was not for $2,500.

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You say you agreed to pay $1,500
for this lawnmower.

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-Correct?
-Yes, ma'am.

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Because of damages.

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Of course you say, the agreement was
that he was going to pay $2,500.

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'Cause you were paying
the leasing company directly.

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It was $200 a month.

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-So, basically our payment.
-[Patricia] Okay.

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I believe we have a text from him
where he says,

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"I'm working,
and whenever we get paid,

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-I'll give you $100." Correct?
-[Cody] Yes, ma'am.

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[Mandy] At that point,
he hadn't made a payment in over a year.

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Okay. So, he agrees.
And this text comes to you,

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I believe, if I'm not mistaken, in August,

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-is that correct?
-Correct.

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And that's after he agreed in May

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that he was going to pay you
for the lawnmower?

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-Mm-hmm.
-[Patricia] And until that time,

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you made zero payments.

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[Cody]
Well, she... I got ill.

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I got bone cancer...

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[DiMango]
When did you get sick?

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Um, it was in April, 2023.

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[DiMango] So, you got sick
before you agreed to buy the lawnmower?

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It was right at the same time.

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[DiMango]
Is that correct?

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He's told me he has brain tumors,
he's been shot ten times.

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[DiMango] You must have
medical evidence of this.

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I didn't bring any...

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No. Because that's what your excuse is
for not paying.

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I have pictures of the surgeries.
She told me, when I get better,

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I can start paying.

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You had a problem with your foot,
as I understand it.

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Would that be correct?

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He had surgery on his foot. I guess
the surgery didn't fix the problem.

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And eventually, he started getting some
sort of like skin issue from that surgery.

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-And then he claimed that it was cancer.
-Okay.

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But we visited him in the hospital.

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They were treating him with antibiotics.

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Like, you don't treat cancer
with antibiotics.

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And of course,
if this were your whole case,

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which apparently it is, you would have
all of these medical records

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saying cancer, cancer, cancer.
Bad foot, bad skin, bad foot.

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Antibiotics, chemo, whatever it is.

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-But you don't have that here, do you?
-No, ma'am, I don't.

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Okay. By the way,
where is the lawnmower today, sir?

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I had to pawn it, and to pay for...

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-[DiMango] Cancer medication, right?
-Yes, ma'am.

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Which we don't have any evidence
you have.

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So, you pawned this.
What do you get for pawning it?

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Uh, I got $1,200.

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So, where is it now?
Is it still with the pawn shop?

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-[Cody] Yes, ma'am.
-How long has it been with the pawn shop?

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Uh, since June of this year.

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But you're making the payments,
because he's not paying you,

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and you don't want them
to repossess it

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as the contract indicates.

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Right. I had called him up
and said, you know, I get it.

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You're struggling. 'Cause at that point,
I had sent him money on CashApp for gas...

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You gave him $150
that you claim he gave you $40

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towards for this loan that you gave him.

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Yeah. So, I had called him,
and I was trying to be really sympathetic.

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You know, it's my brother...

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[DiMango] I got you, let's move along.
You're sympathetic.

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Bottom line is, you go to the house
on an occasion

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because you want to get
the lawnmower back.

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He's hiding from you, is that correct?

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-Correct.
-No, ma'am.

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-[DiMango] He's hiding in the bedroom.
-I knocked on the door.

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She had answered. I asked, where's Cody.
She said, he's not here.

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At this point, I'm upset, because
I'm talkin' to her and she's like...

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[soft chuckle] Like it's funny.
And I'm upset.

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So, I mean,
I think it just fueled the fire.

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When we get in the living room,
I hear something from his bedroom.

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I go to open his bedroom door,
and he's pushing against it.

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We're yelling back and forth.
He's telling me to leave.

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And so, I turn around to leave,
and he grabs me

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and pushes me towards the door.

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[DiMango]
Did you push the door at that point?

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-That's a lie.
-Yeah.

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That is, all of that is absolutely...

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I heard you say that. I just want to know,
how long were you living in that house?

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[Cody] A year and a half.

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-And did you buy it?
-I am buying the home.

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[DiMango]
How old is it? Do you know?

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It was built in 1952.

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So, that's like a 75-year-old screen door.

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It's not that old.

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[DiMango] The bottom line is,
you can see the pictures here.

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I wanted to show the picture,
because it's so old,

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that the paint is actually
peeling and cracking from age.

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So, that just goes to the age
of the door.

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But it wasn't new, right?

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-No, it was not new.
-[DiMango] Thank you.

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Judge Levy?

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-So, Mr. McNemar?
-[Cody] Yes.

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I'm still trying to figure out
why it was in your answer,

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that you said that in May of 2023,
you bought the mower from your sister.

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She wanted $2,000,
but you talked her down to $1,500.

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Is that still your position today?

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Yes. And there's text message
on April 29th of '23

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that says, make payments on $2k
in payments

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if something happens to it, if it
gets damaged while she's storing it there.

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But it also says,
she'll give me first chance to buy it

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at a cheaper rate.

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Right. And that was prior to you
agreeing to take it from her, correct?

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-Correct.
-[Levy] What do you have to say to that?

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Because he said it was $1,500.

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This text message, you would agree
you told him it was $2,000.

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So, as he stated, this is
before we actually agreed to purchase.

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After talking with my husband,
that's not the number we came up with.

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Because we paid over...
At the end of this,

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-we're paying over $6,000.
-[Levy] I get that.

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So, what she's saying now, sir, is
that prior to agreeing to sell it to you,

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you had discussed,
tentatively, $2,000. Right?

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Yes. I would not have bought it
for $2,500.

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I agreed to $1,500.

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I know after the dispute,
he had said, um, $1,500.

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And I said, no, that's not $1,500,
it was $2,500.

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And he had no response for that.

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-[Levy] That's correct.
-But that's...

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Cassandra, if you could please
show this over to the Defendant.

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Thank you.

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Mr. McNemar, I'm showing you a document
that was produced by your sister,

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in which you indicated to her
that the price for the lawnmower

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that you purchased was $1,500.

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She responded, that is not our agreement,
that it was $2,500.

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The natural thing for you to have done
was to say,

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that's not true, that's not our agreement.

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You would agree with that, right?

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Correct, but if you read the prior texts,

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there was a bunch of arguing
that I wasn't trying to participate in.

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I understand.

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So, to me, anything I would have sent her
would've continued the argument

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-and harassment.
-I want to talk about this broken door.

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The counterclaim for $1,600.

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According to your counterclaim, sir,

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your sister kicked the screen door
so hard, she broke it at the frame.

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Her husband pulled a gun on you.

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-[Mandy scoffs]
-Yes.

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[narrator]
Coming up on Tribunal Justice...

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-Now, you're the girlfriend. You work?
-Yes, ma'am.

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How much money did you give him
toward his cancer treatments?

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[narrator] Mandy Williams
is suing her brother, Cody McNemar,

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for over $2,500, the balance owed
on a lawnmower and loan.

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Cody claims he doesn't owe anything,
and is countersuing for $1,600,

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after he claims his sister
kicked in his screen door.

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According to your counterclaim, sir,

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your sister kicked the screen door
so hard, she broke it at the frame.

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-Her husband pulled a gun on you.
-Yes.

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[Levy] And you filed a no trespass order
against them the same day.

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-Correct.
-[Levy] Do you have a copy of that order?

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They didn't give me a copy.

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[Levy]
You provided us with the police report.

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00:09:52,734 --> 00:09:53,734
-Correct?
-Correct.

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00:09:53,800 --> 00:09:56,967
So, narrative:
"On Tuesday, August 20th, 2024,

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at approximately 12:17 hours,
this officer was dispatched."

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00:10:01,367 --> 00:10:04,467
And it says that Williams
was notified by McNemar,

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that he had pawned the mower,

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which lead to McNemar
forcing her out of the residence.

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So I just want to be clear.
You spoke to a police officer.

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-Yes.
-[Levy] You spoke to the officer

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about how she kicked the screen door
so hard, she broke it in the frame?

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00:10:16,066 --> 00:10:18,367
-Yes.
-[Levy] Her husband pulled a gun on you.

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00:10:18,433 --> 00:10:21,066
-Yes.
-[Levy] None of that was in the report.

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You see, when you're talking
about a complaint

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that someone threatened you with a gun,
the police department

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typically put that in a police report.
Are you the husband?

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-[Kenneth] Yes.
-Will you please step up?

226
00:10:32,533 --> 00:10:36,133
August 20th, 2024,
were you with your wife at the house?

227
00:10:36,200 --> 00:10:37,200
Yes.

228
00:10:37,266 --> 00:10:39,433
[Levy] Did you pull a gun on him
during that incident?

229
00:10:39,500 --> 00:10:41,734
-No, sir.
-[Levy] What did you see?

230
00:10:41,800 --> 00:10:45,000
What did I see? So, I go inside with her.

231
00:10:45,066 --> 00:10:48,367
Uh, we looked for the lawnmower.
She's arguing with his girlfriend.

232
00:10:48,433 --> 00:10:50,867
He comes out of the room,
they're arguing.

233
00:10:50,934 --> 00:10:53,633
And I'm like, okay,
it's not here, let's go.

234
00:10:53,700 --> 00:10:56,066
He doesn't want to go to the pawn shop

235
00:10:56,133 --> 00:10:58,800
to let us pay for it
to get the item back...

236
00:10:58,867 --> 00:11:01,400
Let me stop you right there for a second.
This pawn shop,

237
00:11:01,467 --> 00:11:05,667
you knew that she and her husband still
owed money on this lawnmower, correct?

238
00:11:05,734 --> 00:11:06,800
No, I did not.

239
00:11:06,867 --> 00:11:08,834
[Levy] Did you discuss that?
Of course you did.

240
00:11:08,900 --> 00:11:12,433
This text, it tells him
that we are on the hook for the money.

241
00:11:12,500 --> 00:11:13,533
[Levy] Read it.

242
00:11:13,600 --> 00:11:16,300
I said, "Hey, can Kenneth
come get the lawnmower?

243
00:11:16,367 --> 00:11:19,567
I get that you might be struggling,
but at the same time,

244
00:11:19,633 --> 00:11:22,767
we're on the hook for the money.
I'm not working either, Cody.

245
00:11:22,834 --> 00:11:25,367
Matter of fact, we haven't
gotten a payment in over a year.

246
00:11:25,433 --> 00:11:28,300
It's no hard feelings.
I get you've been going through it.

247
00:11:28,367 --> 00:11:31,667
But if you can't pay, we gotta sell it,
because we can't afford it, either.

248
00:11:31,734 --> 00:11:33,300
Especially when we don't use it."

249
00:11:33,367 --> 00:11:35,165
Does that help
refresh your recollection--

250
00:11:35,233 --> 00:11:38,700
That's after the pawn.
I pawned this before she sent me that.

251
00:11:38,767 --> 00:11:40,900
If I'd have known, I'd never pawned it.

252
00:11:40,967 --> 00:11:43,333
-We didn't know it was pawned.
-It was discussed before that.

253
00:11:43,400 --> 00:11:45,600
And when we initially discussed
him buying it,

254
00:11:45,667 --> 00:11:49,000
it was him, your monthly payment
is what we're paying,

255
00:11:49,066 --> 00:11:52,433
$98 ever two weeks.
That was the discussion.

256
00:11:52,500 --> 00:11:54,165
I tend to agree,
and I tend to believe that.

257
00:11:54,233 --> 00:11:57,400
You would have no reason to sell him
without telling him

258
00:11:57,467 --> 00:12:01,767
that the money that you needed from him
was going to be used to repay the lease.

259
00:12:01,834 --> 00:12:05,000
I get that. Last question
before I pass it, Mr. McNemar.

260
00:12:05,066 --> 00:12:09,266
You say that you're countersuing
for $1,600 to pay for the door repair.

261
00:12:09,333 --> 00:12:10,533
-Correct?
-Correct.

262
00:12:10,600 --> 00:12:13,033
[Levy] Do you have a canceled check,
Venmo, CashApp,

263
00:12:13,100 --> 00:12:15,500
showing that you actually paid
that expense?

264
00:12:15,567 --> 00:12:18,133
No, I have an estimate
of the people who--

265
00:12:18,200 --> 00:12:20,300
I don't care about an estimate.
Do you still live at that address?

266
00:12:20,367 --> 00:12:22,433
-Yes, I'm buying that house.
-No, he's not.

267
00:12:22,500 --> 00:12:26,066
So, the damage you claim to the door was
in August of 2024?

268
00:12:26,133 --> 00:12:28,433
-Correct.
-[Levy] And you haven't paid for it yet.

269
00:12:28,500 --> 00:12:30,934
-No.
-I have nothing further. Thank you.

270
00:12:31,000 --> 00:12:33,600
I just want to revisit a couple of points.
You acknowledge, sir,

271
00:12:33,667 --> 00:12:37,300
that you had some obligation
to pay her an amount

272
00:12:37,367 --> 00:12:39,333
which is currently in dispute.

273
00:12:39,400 --> 00:12:41,834
You say in your papers that it was $1,500.

274
00:12:41,900 --> 00:12:45,734
The Plaintiff, you say that it was $2,500.
We're clear there.

275
00:12:45,800 --> 00:12:47,700
How much money do you say
that you did pay her?

276
00:12:47,767 --> 00:12:49,600
I paid her a total of $640.

277
00:12:49,667 --> 00:12:51,233
[Tanya]
Where's the evidence of that?

278
00:12:51,300 --> 00:12:52,367
Um...

279
00:12:52,433 --> 00:12:55,066
[Tanya] You didn't submit any,
because you don't have it.

280
00:12:55,133 --> 00:12:58,200
Ms. Williams, how much money do you claim
your brother paid you?

281
00:12:58,266 --> 00:13:02,233
So, he paid $100 through CashApp.

282
00:13:02,300 --> 00:13:05,200
And then, he paid $40 cash.

283
00:13:05,266 --> 00:13:08,667
And this was not long
before I said I was gonna pick it up.

284
00:13:08,734 --> 00:13:11,934
[Tanya]
So, you say 140, you say 600.

285
00:13:12,000 --> 00:13:17,900
There is certainly no dispute that
at the time that you pawned the lawnmower,

286
00:13:17,967 --> 00:13:20,367
you knew you hadn't
finished paying her for it.

287
00:13:20,433 --> 00:13:21,433
Correct.

288
00:13:21,500 --> 00:13:23,967
Tell me what you did with the $1,200

289
00:13:24,033 --> 00:13:26,233
that you got from the pawn shop.

290
00:13:26,300 --> 00:13:28,734
I spent $800 in medication--

291
00:13:28,800 --> 00:13:31,000
[Tanya]
What medication did you buy?

292
00:13:31,066 --> 00:13:33,567
I have the names of the medications...

293
00:13:33,633 --> 00:13:36,400
Do you have the receipt for the money
you spent on the medications?

294
00:13:36,467 --> 00:13:39,100
I didn't think I would ever
need the receipt for the medication.

295
00:13:39,165 --> 00:13:40,767
[Tanya]
Did you have insurance?

296
00:13:40,834 --> 00:13:43,834
My insurance,
I ended up losing my insurance.

297
00:13:43,900 --> 00:13:46,667
What does your partner do?
The witness.

298
00:13:46,734 --> 00:13:48,533
-Uh...
-[Tanya] Can you take the stand?

299
00:13:48,600 --> 00:13:50,533
Yes, ma'am.

300
00:13:50,600 --> 00:13:53,266
Now, you're the girlfriend.
Would you state your name?

301
00:13:53,333 --> 00:13:54,367
Danielle.

302
00:13:54,433 --> 00:13:56,700
-So, Danielle, do you work?
-Yes, ma'am.

303
00:13:56,767 --> 00:13:59,633
How much money did you give him
toward his cancer treatments?

304
00:13:59,700 --> 00:14:01,100
Nothing.

305
00:14:01,166 --> 00:14:03,600
Nothing. Let's just pawn the property
that we don't really own.

306
00:14:03,667 --> 00:14:04,834
We weren't together then.

307
00:14:04,900 --> 00:14:07,166
[Tanya]
Let's pawn the property we don't own.

308
00:14:08,500 --> 00:14:11,166
[narrator]
Coming up on Tribunal Justice...

309
00:14:11,233 --> 00:14:14,700
The $1,600 that he's suing his sister for

310
00:14:14,767 --> 00:14:17,367
was to repair a door
that is not yet repaired.

311
00:14:17,433 --> 00:14:18,900
-You heard him say that.
-Mm-hmm.

312
00:14:18,967 --> 00:14:21,200
Was that the truth
or was that a lie?

313
00:14:25,567 --> 00:14:28,834
[narrator] Mandy Williams
says her brother Cody McNemar

314
00:14:28,900 --> 00:14:32,967
owes over $2,500
for a lawnmower and loan.

315
00:14:33,033 --> 00:14:36,165
But Cody is countersuing for $1,600

316
00:14:36,233 --> 00:14:40,200
over a screen door he claims
she kicked in out of anger.

317
00:14:40,266 --> 00:14:43,867
So, essentially, sir,
your defense boils down to,

318
00:14:43,934 --> 00:14:47,600
"She came over, 'cause she was so mad,
because I pawned the property

319
00:14:47,667 --> 00:14:50,333
that I did not own,
and she kicked down my door."

320
00:14:50,400 --> 00:14:52,333
-That's your defense.
-Yes.

321
00:14:52,400 --> 00:14:55,533
Now, I think that there's another version
of what happened that day.

322
00:14:55,600 --> 00:14:59,266
And sir, could you take the stand again.
Because according to them,

323
00:14:59,333 --> 00:15:02,133
let's assume
that she did kick down the door.

324
00:15:02,200 --> 00:15:05,767
According to them, what else happened,
sir? Didn't he push your wife?

325
00:15:05,834 --> 00:15:08,200
Yes. Yeah. I had walked out...

326
00:15:08,266 --> 00:15:11,033
[Tanya] And let me ask you, ma'am.
Where were you

327
00:15:11,100 --> 00:15:14,767
in relationship to the door
when you allege your brother pushed you?

328
00:15:14,834 --> 00:15:17,900
So, I was about maybe two or three feet
from the door.

329
00:15:17,967 --> 00:15:20,800
His room isn't far from the front door.

330
00:15:20,867 --> 00:15:22,900
And I was sort of like in between that.

331
00:15:22,967 --> 00:15:25,433
Then, he told me to leave,
and I see him getting upset.

332
00:15:25,500 --> 00:15:28,300
So, I turn around to leave.
And then, he grabs me.

333
00:15:28,367 --> 00:15:30,233
She's lying.

334
00:15:30,300 --> 00:15:32,467
-[Tanya] Do you deny grabbing her?
-Flat out lying.

335
00:15:32,533 --> 00:15:33,967
[Tanya]
You flat out deny it.

336
00:15:34,033 --> 00:15:36,000
Sir, did you pull a gun on this man?

337
00:15:36,066 --> 00:15:37,133
No, ma'am.

338
00:15:37,200 --> 00:15:38,800
[Tanya]
You say he pulled a gun on you.

339
00:15:38,867 --> 00:15:40,667
They say that you pushed his wife.

340
00:15:40,734 --> 00:15:45,400
Ma'am, tell me what you saw on the day
of the screen door altercation.

341
00:15:45,467 --> 00:15:47,967
Um, she was banging on the door
really crazy.

342
00:15:48,033 --> 00:15:50,400
I walked up to the door.
We have no peephole,

343
00:15:50,467 --> 00:15:52,800
so I just unlocked it.
And as soon as I stepped back,

344
00:15:52,867 --> 00:15:54,600
she pushed through me and the door.

345
00:15:54,667 --> 00:15:59,400
And then, she went straight to the garage.
And then, she was just like, where's Cody?

346
00:15:59,467 --> 00:16:01,900
And I was just like, I don't know.

347
00:16:01,967 --> 00:16:04,433
And then, she went to the room,
and Cody was right there.

348
00:16:04,500 --> 00:16:07,333
He's like, what?
And they started arguing.

349
00:16:07,400 --> 00:16:11,600
And then, he stepped out the room.
And there's the doorway from the hallway.

350
00:16:11,667 --> 00:16:14,367
And he was right here, the door's
over here, and she was right there.

351
00:16:14,433 --> 00:16:17,266
They were just arguing. He's like,
if you can't calm down, leave.

352
00:16:17,333 --> 00:16:20,033
She's like, all right.
And so, she goes to the front door

353
00:16:20,100 --> 00:16:22,667
and kicks it open.
And she's like, come find me then.

354
00:16:22,734 --> 00:16:25,333
So, when they start arguing outside
in the front,

355
00:16:25,400 --> 00:16:29,800
it was just me and Cody out there.
I don't know, I was just standing there.

356
00:16:29,867 --> 00:16:32,967
So, you say, somebody's
angrily banging at the door,

357
00:16:33,033 --> 00:16:37,133
and you're like, you know what,
I'm gonna go handle this. I got you.

358
00:16:37,200 --> 00:16:41,367
I mean, it just seems strange to me.
And so, let's assume that happened.

359
00:16:41,433 --> 00:16:44,900
You know what, Ms. Williams,
I believe that something happened

360
00:16:44,967 --> 00:16:47,133
with that door. And you were pretty mad
that day, weren't you?

361
00:16:47,200 --> 00:16:48,533
I was absolutely mad.

362
00:16:48,600 --> 00:16:50,133
[Tanya]
Did you kick the door?

363
00:16:50,200 --> 00:16:52,165
I was never mad enough
to kick the door.

364
00:16:52,233 --> 00:16:53,934
-You did not kick the door.
-I mean,

365
00:16:54,000 --> 00:16:57,433
he's got me by, like the back of my shirt.

366
00:16:57,500 --> 00:16:59,133
Did he push you out the door?

367
00:16:59,200 --> 00:17:01,533
Yes, he was grabbing my shirt and pushing.

368
00:17:01,600 --> 00:17:03,567
Like, I'm going the same time...

369
00:17:03,633 --> 00:17:04,800
[whispers] I can't believe her.

370
00:17:04,867 --> 00:17:07,300
I'm sure I hit the door
with a little bit of force.

371
00:17:07,367 --> 00:17:10,165
I mean, I didn't see
that it was even broken.

372
00:17:10,233 --> 00:17:14,433
But I would never run towards him
or try to fight him.

373
00:17:14,500 --> 00:17:15,767
Judge DiMango?

374
00:17:15,834 --> 00:17:18,834
First of all, when all this was occurring,
were you inside the home?

375
00:17:18,900 --> 00:17:21,266
Uh, yes, before they went outside.

376
00:17:21,333 --> 00:17:23,099
[DiMango]
Did you actually go outside with them?

377
00:17:23,165 --> 00:17:25,165
-Yes.
-[DiMango] When you were outside,

378
00:17:25,233 --> 00:17:26,834
did you see him with a gun?

379
00:17:26,900 --> 00:17:28,800
Yes, ma'am. I ran inside,
'cause I was scared.

380
00:17:28,867 --> 00:17:31,166
[DiMango] Mm-hmm.
So, if he would've pointed a gun,

381
00:17:31,233 --> 00:17:33,367
the way you would've had
the police show up

382
00:17:33,433 --> 00:17:36,734
was as Judge Levy was pointing out,
that's not what you told them.

383
00:17:36,800 --> 00:17:38,834
Even by your own testimony in here.

384
00:17:38,900 --> 00:17:41,133
You requested a no trespass order.

385
00:17:41,200 --> 00:17:45,300
So, that goes to your credibility,
as well, with regard to the gun.

386
00:17:45,367 --> 00:17:50,166
So, when you were in the house and you say
that she kinda kicked or pushed the door,

387
00:17:50,233 --> 00:17:52,300
how did she do that?
Can you explain?

388
00:17:52,367 --> 00:17:55,100
Did she kick it at the bottom?
Did she push it at the top?

389
00:17:55,166 --> 00:17:56,633
-What did she do?
-It was kind of the middle.

390
00:17:56,700 --> 00:17:59,066
'Cause where the handle thing is,
you can press it like that.

391
00:17:59,133 --> 00:18:02,100
It was a little underneath it,
'cause she lifted up and pushed like that.

392
00:18:02,166 --> 00:18:04,300
She was walkin', she went forward with it.

393
00:18:04,367 --> 00:18:08,433
That's what I wanted to know.
Because this door, this here, is way up.

394
00:18:08,500 --> 00:18:11,367
It's at the door.
So, unless you're in the Rockettes

395
00:18:11,433 --> 00:18:14,166
and a good kicker, I'm gonna guess
you didn't get your leg up

396
00:18:14,233 --> 00:18:18,533
to push out this window, which
already looks like it's been pushed out.

397
00:18:18,600 --> 00:18:22,867
And you have a $1,600 estimate
for something that you've not fixed.

398
00:18:22,934 --> 00:18:25,967
I don't think I have any other questions.
I don't know if anyone else does.

399
00:18:26,033 --> 00:18:30,133
Yes, I'm sorry. Judge DiMango just
reiterated the position of your boyfriend,

400
00:18:30,200 --> 00:18:35,967
Mr. McNemar, which was that
the $1,600 that he's suing his sister for

401
00:18:36,033 --> 00:18:38,834
was to repair a door
that is not yet repaired.

402
00:18:38,900 --> 00:18:42,400
You heard him say that.
Was that the truth, or was that a lie?

403
00:18:42,467 --> 00:18:43,834
No, the door has not been fixed.

404
00:18:43,900 --> 00:18:45,266
-[Levy] It has not been fixed.
-No, sir.

405
00:18:45,333 --> 00:18:48,066
You recall signing a statement under oath

406
00:18:48,133 --> 00:18:51,467
and presenting it to the court
prior to you coming in today?

407
00:18:51,533 --> 00:18:52,767
Which document?

408
00:18:52,834 --> 00:18:55,100
-The signed sworn statement you gave us.
-Oh, yes, sir.

409
00:18:55,166 --> 00:18:57,567
Do you recall then,
giving the following statement:

410
00:18:57,633 --> 00:19:02,000
"On August 24th, as Mandy was leaving,
she kicked the screen door open

411
00:19:02,066 --> 00:19:03,767
and damaged the door and the door frame."

412
00:19:03,834 --> 00:19:05,467
-Mm-hmm. Yes, sir.
-[Levy] Yes?

413
00:19:05,533 --> 00:19:09,767
A few days later, Cody had some people
come to fix his screen door.

414
00:19:09,834 --> 00:19:11,066
I said that?

415
00:19:11,133 --> 00:19:12,934
[laughs] Show it to her.

416
00:19:13,000 --> 00:19:14,200
I didn't say it.

417
00:19:17,100 --> 00:19:20,266
Take a look on the top.
That's your name, is it not?

418
00:19:20,333 --> 00:19:21,900
Oh, I did say that.

419
00:19:21,967 --> 00:19:23,900
[Levy]
Thank you. I've got nothing further.

420
00:19:23,967 --> 00:19:27,600
Okay, thank you all. We're gonna retire
to deliberate at this time.

421
00:19:27,667 --> 00:19:29,800
[Cassandra]
Court is now in recess.

422
00:19:36,200 --> 00:19:39,734
She was very credible to me,
and he was not.

423
00:19:39,800 --> 00:19:42,000
And anything that he
could've substantiated

424
00:19:42,066 --> 00:19:44,367
that would have lent him
some credibility,

425
00:19:44,433 --> 00:19:47,867
he didn't bring with him.
Also, with regard to the medication,

426
00:19:47,934 --> 00:19:50,433
if you go to one of these stores,
you know, the big stores,

427
00:19:50,500 --> 00:19:52,800
they'll print up anything for you
and bring it out.

428
00:19:52,867 --> 00:19:55,000
'Cause I get it that he said,
back when I took it,

429
00:19:55,066 --> 00:19:57,300
I didn't know I was gonna need it.
And that rang true.

430
00:19:57,367 --> 00:20:00,400
But the reality is, all he had to do was
go back and say,

431
00:20:00,467 --> 00:20:03,233
can you show me my list
of medications and so on.

432
00:20:03,300 --> 00:20:06,467
I just found her credible.
I think she's entitled to the money,

433
00:20:06,533 --> 00:20:09,133
the balance that she sold him
the lawnmower for.

434
00:20:09,200 --> 00:20:10,400
But I do want to say one thing.

435
00:20:10,467 --> 00:20:12,867
I did look up the value
of the used lawnmowers.

436
00:20:12,934 --> 00:20:16,633
And even those that were from 2015, 2013,

437
00:20:16,700 --> 00:20:19,166
were well over $1,500.

438
00:20:19,233 --> 00:20:23,400
So, I can't imagine that she would have
given him such a great deal

439
00:20:23,467 --> 00:20:25,567
at less than $2,500.

440
00:20:25,633 --> 00:20:28,033
I think she's entitled
to what she's asked for,

441
00:20:28,100 --> 00:20:31,200
and I believe that he gets nothing
on his counterclaim.

442
00:20:31,266 --> 00:20:34,500
And one other thing, somebody
would've told somebody about a gun.

443
00:20:34,567 --> 00:20:37,934
I mean, in an altercation like that,
somebody would've said to the police,

444
00:20:38,000 --> 00:20:40,000
there was a gun involved.
And nobody did.

445
00:20:40,066 --> 00:20:42,100
-Right.
-[Levy] That wasn't in the police report.

446
00:20:42,166 --> 00:20:45,834
And the Defendant was unable to explain
why that was.

447
00:20:45,900 --> 00:20:48,233
I believe that the Plaintiff has, in fact,
met her burden

448
00:20:48,300 --> 00:20:51,633
with the respect to the $2,500 agreement
that they had.

449
00:20:51,700 --> 00:20:55,567
And she acknowledged that he paid $140
towards the purchase price,

450
00:20:55,633 --> 00:21:00,467
leaving her with $2,360
that he owes her for that.

451
00:21:00,533 --> 00:21:02,533
Tanya, I thought
that your examination of him

452
00:21:02,600 --> 00:21:05,633
with respect to him knowing
that he did the wrong thing

453
00:21:05,700 --> 00:21:09,166
when he pawned the lawnmower
that he did not yet own,

454
00:21:09,233 --> 00:21:12,500
because he had not finished paying it off,
was right on the mark.

455
00:21:12,567 --> 00:21:15,934
If he didn't think it was wrong,
he woulda told her he was doing it.

456
00:21:16,000 --> 00:21:19,600
But he never did,
'cause he knew that the leasing company

457
00:21:19,667 --> 00:21:23,066
was still taking payments on that.
And for him to deny that,

458
00:21:23,133 --> 00:21:26,033
was as silly
as his girlfriend's statement was

459
00:21:26,100 --> 00:21:29,433
when she came in and said, "Oh, yeah,
I put that in my sworn statement

460
00:21:29,500 --> 00:21:33,033
that someone came and fixed it,
but I don't know how it got there."

461
00:21:33,100 --> 00:21:34,266
They're just lying.

462
00:21:34,333 --> 00:21:35,900
I think she's more than proven her case.

463
00:21:35,967 --> 00:21:38,300
I think if you look
at all of the circumstances

464
00:21:38,367 --> 00:21:41,400
that gave rise to them showing up
to the house in the first place,

465
00:21:41,467 --> 00:21:43,333
-I think they were upset.
-Sure.

466
00:21:43,400 --> 00:21:46,533
I think her brother did want
to get her outta there. I think he did.

467
00:21:46,600 --> 00:21:50,100
He has no receipts for payments,
he has no receipts for medication.

468
00:21:50,166 --> 00:21:52,934
He has no evidence
that there was ever any medication.

469
00:21:53,000 --> 00:21:55,533
I just find him lacking across the board.

470
00:21:55,600 --> 00:21:59,300
I would give her everything she's
asking for, including the CashApp payment.

471
00:21:59,367 --> 00:22:00,834
-Yeah. I do, too.
-'Cause I believe her.

472
00:22:00,900 --> 00:22:01,934
She gave him the money.

473
00:22:02,000 --> 00:22:05,600
We're unanimous.
We're gonna give her the $2,510.

474
00:22:05,667 --> 00:22:07,100
Nothing to him.

475
00:22:10,934 --> 00:22:12,567
Court is now back in session.

476
00:22:12,633 --> 00:22:14,600
Parties are reminded
that you're still under oath.

477
00:22:14,667 --> 00:22:18,333
Thank you, Cassandra. Well, you know,
much of what happens in a courtroom

478
00:22:18,400 --> 00:22:22,367
is determined by credibility.
And credibility is assessed by all of us.

479
00:22:22,433 --> 00:22:25,667
Not by just what you say,
but what you don't say.

480
00:22:25,734 --> 00:22:27,900
And not by the evidence that you produce.

481
00:22:27,967 --> 00:22:30,800
Sometimes by the evidence
that you don't produce.

482
00:22:30,867 --> 00:22:34,867
So, when you say you don't have proof
of a pharmacy bill,

483
00:22:34,934 --> 00:22:37,867
why not go back to the pharmacy
and have them print out a receipt

484
00:22:37,934 --> 00:22:40,233
to show what you paid
or what you didn't pay?

485
00:22:40,300 --> 00:22:44,100
When you say you called the police
and you report a handgun being pointed,

486
00:22:44,166 --> 00:22:48,300
which is an armed felony offense,
that brings out a different result.

487
00:22:48,367 --> 00:22:51,934
So, I think you can tell by that
that the credibility issue,

488
00:22:52,000 --> 00:22:55,300
the weight, the 51%,
the preponderance of the evidence,

489
00:22:55,367 --> 00:22:57,200
goes to you.

490
00:22:57,266 --> 00:22:59,467
So, as to your main claim here,

491
00:22:59,533 --> 00:23:02,567
the request for $2,510,

492
00:23:02,633 --> 00:23:05,233
we believe you that you agreed
to $2,500.

493
00:23:05,300 --> 00:23:09,066
We believe you that he borrowed $150.

494
00:23:09,133 --> 00:23:13,934
And we believe you when you say he repaid
$140 of that debt that he owes you.

495
00:23:14,000 --> 00:23:16,166
So, to that extent, you've prevailed.

496
00:23:16,233 --> 00:23:20,266
Sir, you on the other hand,
we did not find what you said credible.

497
00:23:20,333 --> 00:23:24,000
And so, as to the damages,
the fact that it was not repaired,

498
00:23:24,066 --> 00:23:25,967
and we don't know if you will repair it.

499
00:23:26,033 --> 00:23:29,734
The bottom line here is we are going
to dismiss your counterclaim.

500
00:23:29,800 --> 00:23:33,200
We wish that you both go on your way
and spend your money wisely.

501
00:23:33,266 --> 00:23:34,600
-Thank you.
-Thank you.

502
00:23:34,667 --> 00:23:36,533
That's the unanimous verdict
of the court.

503
00:23:36,600 --> 00:23:39,600
This case has concluded.
All parties are excused.

504
00:23:45,233 --> 00:23:48,967
It's easy for me to look aggressive,
'cause, I guess, of my size.

505
00:23:49,033 --> 00:23:50,533
And she played that card.

506
00:23:50,600 --> 00:23:53,600
The guy is like 6'6",
over 300-some pounds.

507
00:23:53,667 --> 00:23:55,800
Like why would I...
That don't make sense.

508
00:23:55,867 --> 00:23:57,734
I've never hit a woman in my life,
pushed a woman.

509
00:23:57,800 --> 00:24:01,200
This isn't the first time we've,
I've had this problem with him.

510
00:24:01,266 --> 00:24:04,400
There's no me and her after this,
you know.

511
00:24:04,467 --> 00:24:06,934
To bring me to court
and then lie the way she did.

512
00:24:07,000 --> 00:24:09,667
Yep. Just time to move on,
family or not.

513
00:24:09,734 --> 00:24:10,600
What's done is done.

514
00:24:10,667 --> 00:24:12,166
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515
00:24:12,233 --> 00:24:15,266
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516
00:24:15,333 --> 00:24:19,967
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517
00:24:20,033 --> 00:24:22,133
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