Mistrial declared for murder suspect after defense attorney arrested

Joshua Thomas Fulbright.
Joshua Thomas Fulbright.(KAUZ)
Published: Aug. 30, 2022 at 1:43 PM CDT
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MONTAGUE COUNTY, Texas (KAUZ) - A mistrial has been declared in the Montague County trial of a man accused of abusing a two-year-old girl, leading to her death in 2018.

Joshua Thomas Fulbright is accused of murder after an investigation found he abused the child.

According to Casey Hall, the district attorney for the 97th district, a mistrial was declared after a personal issue came up with the defense attorney Mark Barber. Fulbright reportedly asked for new counsel after Barber was arrested on Sunday for driving while intoxicated with a child under 15 years old.

Mark Barber.
Mark Barber.(Archer County Sheriff's Office)

Archer County deputies stopped a truck driving on Highway 79 that crossed the center line several times, according to court documents. The driver of the vehicle, identified as Barber, reportedly told police he had been texting and that was why he was crossing the center line.

Barber allegedly would not look the deputies in the eyes and also put on a pair of sunglasses while talking to them. The deputies performed a field sobriety test and a walk and turn test on Barber, both of which he reportedly failed.

Barber reportedly claimed that he had not had alcohol for three weeks and said “let’s go draw blood.”

At the time of his arrest, a 12-year-old girl was in the front passenger seat, according to court documents.