PLEA AGREEMENT
SUPERIOR COURT OF THE STATE OF RIDGEWAY
STATE OF RIDGEWAY
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DOCKET NO. RSC-CM-899
Plaintiff
v.
PROCEED101
Defendant
PLEA AGREEMENT
1. Pursuant to Rule 12(b)(5) of the State Rules of Criminal Procedure, the parties hereto
acknowledge that they have entered into negotiations that have resulted in this Plea Agreement
(hereinafter the “Agreement”). The agreement of the parties is as follows:
PLEA OF GUILTY TO INFORMATION
2. The Defendant, PROCEED101 (hereinafter “Defendant”) hereby consents to the filing of an
Information charging the Defendant with Second Degree Murder and Assault with a Deadly
Weapon in violation of R.S.C. § 3.10 and R.S.C. § 3.03, respectively. The Defendant hereto
agrees to enter a plea of guilty in respect to both charges.
ADMISSION OF A FACTUAL BASIS IN SUPPORT OF GUILTY PLEA
3. PROCEED101 has fully discussed the facts of this case and the elements of the crimes
to which the Defendant is pleading guilty. The Defendant has committed each of the
elements of the crimes to which the Defendant is pleading guilty, and admits that there is
a factual basis for this guilty plea. In pleading guilty, the Defendant admits the following
facts and that those facts establish his guilt beyond a reasonable doubt:
a. In general, as to Count One, 3 R.C.C. § 10, Second Degree Murder, Defendant admits
that on December 18, in Sterling Heights in the County of Ridgeway, the Defendant
utilized his vehicle, a black Lancaster, to ram the vehicle of RONNIE2347 (hereinafter
“Victim”) outside the Sterling Gun Club, blocking a route for possible egress. Defendant
admits he then utilized an Axe to break the window of the Victims' vehicle, then
continuing to wilfully and knowingly strike the Victim with the Axe repeatedly, causing
serious bodily injury. The Defendant admits he then proceeded to pursue the Victim,
striking him on multiple successive occasions during the encounter, intentionally and
knowingly causing the Victim's death.
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b. In general, as to Count Two, 3 R.C.C. § 03, Assault with a Deadly Weapon, Defendant
admits that on December 18, in Sterling Heights in the County of Ridgeway, the
Defendant utilized an Axe to knowingly and willfully strike the Victim on multiple
occasions, causing severe bodily injury.
ADVICE OF RIGHTS
4. The Defendant hereby acknowledges that he has been advised of and fully understands the
following constitutional and statutory rights:
a. To have an attorney, and if the Defendant cannot afford an attorney, to have one provided
to him and paid for at no cost;
b. To persist in his plea of not guilty;
c. To have a speedy and public trial;
d. To be presumed innocent unless proven guilty beyond a reasonable doubt;
e. To confront and examine witnesses who testify against him;
f. To call witnesses on his behalf; and,
g. To choose to testify or not to testify and that no one could force the Defendant to testify.
WAIVER OF RIGHTS
5. The Defendant hereby acknowledges that with respect to each Count to which he pleads
guilty, he hereby WAIVES all of the rights listed as (a) through (h) of the above paragraph.
DISCOVERY WAIVER
6. The Defendant hereby waives the right to further discovery or disclosures of information not
already provided at the time of the entry of the guilty plea, other than the information required to
be disclosed under State Rules of Criminal Procedure Rule 14 and exculpatory or impeachment
information casting doubt upon sentencing factors.
STATEMENT OF EFFECTIVE ASSISTANCE OF COUNSEL
7. The Defendant hereby agrees that they are satisfied their attorneys have rendered effective
assistance of Counsel.
WAIVER OF APPELLATE AND POST-CONVICTION RIGHTS
8. In consideration of the promises and concessions made by the State of Ridgeway in this Plea
Agreement, the Defendant knowingly and voluntarily agrees and understands the following
appellate and post-conviction terms of this Agreement:
a. The Defendant, acknowledging he has the right to appeal any sentence imposed, waives
the right to directly appeal any conviction and sentence imposed by this Court, or the
manner in which that sentence was determined, on any grounds whatsoever, in exchange
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for the concessions made by the State of Ridgeway in this agreement.
b. The Defendant expressly acknowledges and agrees that the State of Ridgeway reserves
all rights to appeal the defendant’s sentence as established by U.S. v. Booker, 125 S. Ct.
738 (2005);
c. The Defendant waives the right to collaterally attack the conviction and sentence imposed
by this Court;
d. The Defendant waives the right to appeal the Superior Court’s determination of the
amount of restitution and this Court’s subsequent restitution order, if any; and
e. The Defendant waives the right to appeal the Superior Court’s determination of any
forfeiture issues and the Court’s subsequent forfeiture order, if any.
EFFECTS OF BREACH OF THIS AGREEMENT BY DEFENDANT
9. The Defendant agrees that if after signing this Plea Agreement the Defendant commits any
crimes, violates any conditions of release, fails to appear for sentencing, or if the Defendant
provides information to the Probation Office or the Court that is intentionally misleading,
intentionally incomplete, or intentionally untruthful, or if the Defendant violates any term of this
Plea Agreement, or attempts to withdraw from this Plea Agreement, it shall constitute a breach
of this Plea Agreement which shall release the State of Ridgeway from any restrictions or
obligations placed upon it under the terms of this Agreement and the State of Ridgeway shall be
free to reinstate dismissed charges or pursue additional charges against the Defendant. The
Defendant shall, however, remain bound by the terms of this Agreement, and will not be allowed
to withdraw this plea of guilty unless permitted to do so by the Superior Court.
10. The Defendant further agrees that a breach of any provisions of this Plea Agreement shall
allow the State of Ridgeway to use and introduce into evidence any one or more of the
following:
a. Admissions against interest, both oral and written, made by the Defendant to any person;
b. Statements made by the Defendant during her change of plea hearing;
c. The factual basis set forth in the Plea Agreement;
d. Any testimony given under oath in these proceedings or to a grand jury or a petit jury;
e. Any and all physical evidence of any kind which the Defendant has provided to the State;
and,
f. Any and all information provided by the Defendant to the State’s attorneys, or to state,
county, and/or local law enforcement officers.
EFFECTS OF BREACH OF THIS AGREEMENT BY DEFENDANT
11. The Defendant hereby acknowledges that he has been advised of the maximum penalty for
the counts to which he is pleading guilty. By entering a plea of guilty to the Information, the
Defendant agrees that:
a. Count One carries a maximum term of imprisonment of ninety (90) minutes; and,
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b. Count Two carries a maximum term of imprisonment of sixty (60) minutes.
CONDITIONS OF SUPERVISED RELEASE
12. The Defendant acknowledges that if a term of supervised release (probation) is imposed as
part of the sentence, the Defendant will be subject to the standard conditions of supervised
release as guided by the Judiciary Act and may be subject to other special conditions of
supervised release as determined by this Court. The standard conditions of supervised release are
as follows:
a. The Sherrif’s Office will assign a probation officer to the person who is sentenced to be
on probation.
b. After being initially contacted by the assigned probation officer, the Defendant will
receive instructions from the court or the probation officer about how and when to report
to the probation officer, and the defendant shall report to the probation officer as
instructed.
c. A person who is placed on probation is required to report to their probation officer at
minimum once every five (5) days. Failure to do so is considered failure to report to a
probation officer, an offense carrying a maximum term of imprisonment of fifteen (15)
minutes.
d. The defendant shall answer truthfully the questions asked by the probation officer.
e. The defendant shall allow the probation officer to visit the defendant at anytime at his
residence or elsewhere, and the defendant shall permit the probation officer to take any
items prohibited by the conditions of the defendant’s supervision that he or she
observes in plain view
f. The defendant shall attempt to find employment or work full-time at a program
benefiting the community (Ridgeway County Transit Authority, StudsPerSecond),
unless the probation officer excuses the defendant from doing so. If the defendant does
not have full-time employment he shall try to find full-time employment, unless the
probation officer excuses the defendant from doing so. If the defendant plans to change
where the defendant works or anything about his work (such as the position or the job
responsibilities), the defendant shall notify the probation officer at least 3 days before
the change. If notifying the probation officer at least 3 days in advance is not possible
due to unanticipated circumstances, the defendant shall notify the probation officer
within 24 hours of becoming aware of a change or expected change.
g. The defendant shall not communicate or interact with someone the defendant knows is
engaged in criminal activity. If the defendant knows someone has been convicted of a
felony, the defendant shall not knowingly communicate or interact with that person
without first getting the permission of the probation officer.
h. The defendant shall not own, possess, or have access to a firearm, ammunition,
destructive device, or dangerous weapon (i.e., anything that was designed, or was
modified for, the specific purpose of causing bodily injury or death to another person,
such as a Baseball Bat or Axe)
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i. If the defendant is arrested, detained, or questioned by a law enforcement officer, the
defendant shall notify the probation officer within 24 hours.
j. The defendant shall be required to identify themselves if asked, for any reason, by any
law enforcement officer, guardsman, or public official.
k. The State of Ridgeway may, with reasonable suspicion and without a warrant, inspect
and search the vehicle, residence, and property of the defendant.
l. The State of Ridgeway may randomly and without a warrant, inspect and search the
defendant, as well as the defendant’s vehicle, residence, and property.
NO OTHER CHARGES
13. The State of Ridgeway agrees that no other charges that stem from the activities described in
the Information will be brought against the Defendant.
SENTENCING RECOMMENDATION IS NOT BINDING
14. The parties acknowledge that the Court shall consult and take into account the State of
Ridgeways sentencing recommendation in determining the sentence, but that the Court is not
bound by the recommendation and may sentence the Defendant to any sentence within statutory
range, however, the Defendant will be permitted to withdraw their plea, voluntarily nullifying
this agreement.
PERJURY
15. The Defendant agrees he has been truthful with the Court and with the State of Ridgeway
throughout these proceedings. In the event that the Defendant has not been truthful with the
Court as to statements made under oath, this Agreement will not be construed as to protect the
Defendant from prosecution for perjury or false statement.
STATES PRESERVATION OF RIGHTS
16. Although the State of Ridgeway does not object to certain findings by the probation office
or to the rulings of this Court, it reserves the right to:
a. Make all facts known to the probation officer and the Court;
b. Call witnesses and introduce evidence in support of the Presentence Report;
c. Contest and appeal any departure from the appropriate sentencing range;
d. Defend all rulings of the Superior Court on appeal including those rulings which may be
contrary to those recommendations or positions made by the State of Ridgeway in this
agreement that are favorable to the Defendant.
RECOMMENDATION OF SENTENCING
17. In exchange for the plea of Guilty made by the Defendant, the State of Ridgeway will
recommend the following sentence is imposed by the Court:
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a. For Second Degree Murder (§ 3.10):
i. 50 Minutes of incarceration, in the custody and care of the Sherrif of Ridgeway
County.
ii. $500 Fine.
b. For Aggravated Assault (§ 3.03):
i. Five weeks of probation, beginning after the term of imprisonment, under the
supervision and guidance of the Sherrif of Ridgeway County.
AGREEMENT NOT BINDING ON THE COURT
18. The parties agree nothing in this agreement binds the Superior Court to:
a. Make any specific finding of fact;
b. Hand down any specific sentence;
c. Accept any stipulation of the parties as contained in this Plea Agreement; and,
d. Accept this plea agreement.
The State and the Defendant agree that the Court has an obligation to review the Presentence
Report before it accepts or rejects this Plea Agreement.
AGREEMENT NOT BINDING TO ANY OTHER ENTITY
19. The parties agree that this Agreement does not bind any other entity other than the
Government of the State of Ridgeway, and all Departments herein.
REPRESENTATIONS BY DEFENDANT
20. By signing this Plea Agreement, the Defendant acknowledges that:
a. The Defendant has read this Agreement (or had this agreement read to him) and has
carefully reviewed each part of it.
b. The Defendant fully understands this Plea Agreement and is not under the influence of
anything that could impede the Defendant’s ability to fully understand this Plea
Agreement.
c. No promises, agreements, understandings, or conditions have been made or entered
into concession with the decision to plead guilty except those set forth in this Plea
Agreement.
d. The Defendant has entered into this Plea Agreement freely, voluntarily, and without
reservation and the Defendant’s desire to enter a plea of guilty is not the result of threats
or coercion directed at the Defendant or anyone connected with the Defendant.
PLEA AGREEMENT CONSTITUTES ENTIRE AGREEMENT
21. The Defendant, by and through undersigned counsel, acknowledges that this Plea
Agreement constitutes the entire agreement of the parties. Further, all parties agree that there is
no oral agreements or promises which have been made to induce the Defendant to enter a plea of
guilty.
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22. The parties agree that any modification of this agreement shall be valid only as set forth in
writing in a supplemental or revised plea agreement signed by all parties.
DATED: February 6th 2023
Respectfully submitted,
/s/ mandatorymorale
State Attorney
Criminal Division
Ridgeway Department of Justice
Counsel for Defense
Ridgeway Public Defenders Office
/s/ Proceed101
Defendant
PLEA AGREEMENT
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