Weatherford Democrat

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February 6, 2012

Judge tosses plea in horse deaths

WEATHERFORD — A Parker County judge tossed out a signed plea Friday and set a jury trial for Linda Pharis, accused in the deaths of nine horses in August near Old Brock Road. The judge also reversed an earlier decision and appointed an attorney to represent Pharis.

Pharis, along with horse owner Keith Hall, faces nine class A misdemeanor charges of cruelty to livestock animals after the animals were found without water in August sometime after the well stopped pumping water. Investigators also reported the horses were malnourished and there did not appear to be enough food available to the animals.

Pharis contends she was not responsible for the day-to-day care of the horses at the time.

Though she signed paperwork on Jan. 23 to accept a plea deal on one charge of cruelty to livestock animals that would have resulted in two years probation, Pharis said she isn’t guilty and felt pressured into pleading guilty to the charge because she doesn’t know the legal system and was unable to obtain legal representation.

Prior to the administrative hearing held Friday, Pharis told the Democrat she submitted a judicial misconduct complaint to the Texas Commission on Judicial Conduct Monday against County Court at Law No. 1 Judge Jerry Buckner. In the complaint, Pharis alleged Buckner told the defendants at her arraignment that it would be a cold day before he would give anyone sitting in the courtroom a court-appointed attorney. During the hearing Friday, Buckner said Pharis misquoted him and she apologized to him.

Pharis said she submitted paperwork twice last year around the time of her arrests requesting a court-appointed attorney but never heard back on the matter.

During her first court appearance, another defendant requested the paperwork, filled it out and was denied, according to Pharis, who added she felt the judge would not consider appointing her an attorney after his statements.

Pharis said she signed a plea during a plea negotiation on Jan. 23, which stipulated two years probation, 100 community service hours, a $2,000 fine and an agreement to testify for the state against Keith Hall, her codefendant.

She was told the other eight cases would be dropped, Pharis said.

Pharis said she pleaded guilty because she felt she didn’t stand a chance at trial without representation by someone who knows the legal system.

She called the judge later that day and requested to speak with him and was referred to the prosecutor’s office, who also declined to speak with her about the case, according to Pharis.

During the hearing Friday, Buckner said he understood Pharis had called his office and said she felt coerced into signing the plea.

Buckner said he was going to set that plea aside and set Pharis for a jury trial on all nine cases.

“Instead of having probation for killing nine horses, we’ll see what a Parker County jury thinks about that,” Buckner said in court.

After granting a new trial on his own motion and setting aside probation, Buckner reviewed her request for a court-appointed attorney and denied it.

Among several things, he mentioned that Pharis was not paying a mortgage and paid a monthly cell phone bill and he found no need for financial responsibility from the county.

Pharis told him she was on disability, receiving just $700 a month and paying utilities, groceries and bond expenses with that money.

“I didn’t know my rights because I couldn’t afford an attorney,” Pharis told Buckner, later adding, “I’m not guilty of killing nine horses.”

Buckner then told her if she ever again quoted him as saying it would be a cold day in hell when he would appoint her an attorney, he would have her charged.

“Don’t misquote me,” Buckner said.

Buckner did not specify what he originally said or return a call Friday afternoon seeking comment on the issue. Judges are restricted by the code of judicial conduct on commenting about ongoing cases outside the courtroom.

Pharis then apologized, told the judge it would never happen again and began crying.

“I’m going to reverse my verdict on that,” Buckner said a few minutes later. “I’m going to appoint an attorney.”

After the hearing, Pharis said she was satisfied.

“I felt treated with more respect than I got treated last time,” Pharis said.

Pharis said she planned to call the commission and tell them she was appointed an attorney.  

“I would rather go to trial on nine counts than plead guilty on one,” Pharis said.

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