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Texas Judge's unexpected response to man arrested for marijuana possession

Many courtrooms nowadays have cameras inside of them. You can watch court proceedings on channels like "Court TV" and "Law & Crime" or live stream it on social media apps whether you know the people involved in the case or not. Most of the time people don't pay much attention to televised court proceedings unless it involves a celebrity like the Johnny Depp and Amber Heard trial or the Young Thug trial happening in Georgia.

But there's a niche for court proceedings or else shows like Judge Judy and Divorce Court wouldn't exist. People tend to gravitate to the drama of it all. Watching someone get chewed out by a judge when it's clear the person was in the wrong can be satisfying but it's also faith restoring when you see a judge use their powers to protect someone being treated unfairly.

Texas Judge David Fleischer has gone viral multiple times for his passion and ability to quickly recognize when someone brought before his court is being treated unfairly.


In a recent case that was recorded and uploaded to social media, Judge Fleischer has a young Black man, Darius Blake in his court room that was charged with possession of marijuana. Blake was stopped by the police for jay walking where they allegedly could smell the presence of marijuana odor.

Red Eyes Smoking GIF by Sealed With A GIFGiphy

The officers use this smell as a reason to physically search Blake, resulting in them allegedly finding an illegal amount of marijuana on him. The arresting officers likely thought they had a pretty clear case to get the man sentenced but Judge Fleischer did not see things their way.

"Wait, wait. He did what," the judge says before someone off screen explains that the man "crossed an unauthorized walking point."

The judge responds, "was he jaywalking?" After the person confirms Judge Fleischer shakes his head saying, "walking while Black." As the person off screen continues reading the reason for the charges, the judge interrupts him, "I don't think so. Walking while Black. I don't think so. I'm gonna find no probable cause."

@lulusrescue This judge is so fair and always no bs. I love how he cares for those who are infeint lf him #judge#law#nobs #enforcement #fyp#viral#money#ect ♬ original sound - lulusrescue

He then focuses his attention to the defendant to provide some advice, "Mr. Blake, be careful man. You know the world is against you. Don't let 'em be. Do something with your life."

In another video that went viral, 19-year-old Zion Abiola was in front of Judge Fleischer for evading arrest and unlawful carrying of a weapon after officers found him and a friend walking out of a park. According to the officers they allegedly observed him touching near his waistband and decided to conduct a search which resulted in the teen running. It was while running that the officers say a gun fell from his waistband.

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Once again the judge was unimpressed by the police officers probable cause for search, "here's the rub, what's he doing? Walking while Black? What's he doing? What's he doing wrong? Was he under arrest? I mean, all I see is that they go up to him and they just start searching, right? Walking while Black."

Statistically Black people are five times more likely to report being unjustly stopped by the police than white people and are four times more likely to be admitted to jail with a slightly longer sentence. According to the University of Michigan, Black Americans are seven times more likely to be wrongly convicted than white Americans and make up 53% of exonerations. So Judge Fleischer isn't showing favor to the Black defendants in his courtroom, instead he seems to be course correcting the overzealousness of the arresting officers in those cases.

Season 1 Episode 6 GIF by The Fresh Prince of Bel-AirGiphy

While it may make people feel all fuzzy to see the judge digging deeper before hearing cases to catch racial disparities, he's gotten stern calling out defendants poor behavior that landed them in his courtroom. When a man came before him for a theft charge, Judge Fleischer had a different approach.

"You know you're smiling like you're having like having a good time, little bunnies jumping in the woods. This is not a happy moment for you Mr. Garcia, you know, because you have a lot to lose. Have you been to the pen before," the judge asks before continuing. "Which means they can continually enhance you, perhaps to even a five to life if you steal a pack of freaking gum. Your attitude tells me a lot. Tells me how much you think of this but you know it's all fun and games until someone gets a 15 year sentence and that's the problem."

Though Judge Fleischer's tone was different, he accepted the plea offered sentencing him to time served but not before reminding him again about the consequences if he is arrested in the future. Very rarely do Americans get to hear about judges taking the whole person, their circumstances and systemic issues into consideration while presiding over cases so seeing Judge Fleischer seemingly provide fair treatment to defendants resonates with people. Maybe in the future this will be the standard occurrence and not an anomaly.