Phillip Haire Jr.’s case is fraught with so many complications that he has yet to be arraigned before a judge more than two months after he was accused of shooting at a Flagler County Sheriff‘s sergeant and at his own parents outside their London Drive house.
The day he was scheduled for a court appearance before County Judge Melissa Moore-Stens on unrelated charges, on May 14, a sheriff’s deputy reported that Haire made “potential threats” toward Moore-Stens and said in front of the deputy “that if he was not found innocent he was going to put out a hit on the judge,” according to a sheriff’s incident report. Haire claimed the judge had put a hit on him, so he would do likewise.
Haire has been held at the Flagler County jail since May 3 on no bond following the May 1 shooting on London Drive. The next day he appeared by video conference before Moore-Stens for his first-appearance hearing, where he claimed innocence and, in a tense exchange with the judge, said the real killer was at large, trying to kill his family. Haire said he felt safer inside the jail because he claimed the killer was after him. Hair interrupted the judge to the point where she had to admonish him to let her speak.
Haire tendered a not guilty plea in writing on May 9. His original felony arraignment was not scheduled until June 14. It was continued.
But Haire also faces two separate misdemeanor charges–a charge of trespassing stemming from a January 27 incident when he was found outside a girls’ bathroom at Matanzas High School, in violation of a no-trespass order dating back to 2015, and a March 20 allegation that he struck a 19-year-old woman. He was scheduled for a pre-trial appearance before Moore-Stens on those two charges on May 24 at 1:30 p.m.
Detention deputy Brian Sheridan took him to the courthouse. But Haire never made it before the judge: the hearing had been continued. As he waited in a secure area outside the courtroom on the fourth floor of the courthouse, where inmates are held hands and feet shackled before they’re escorted in their shackles before a judge, Haire became disenchanted, “and began talking about Judge Moore Stens, calling her derogatory names,” the incident report states. (“Derogatory” is an understatement: the insults were of the vilest misogynistic sort.) “It was also alleged that he said in front of Deputy Sheridan that if he was not found innocent he was going to put out a hit on the Judge.”
It isn’t clear whether Haire’s appearance was scrapped because of his outburst: what is clear is that the docket sheet listing all the cases Moore-Stens was to hear that day does not include his name.
Sheridan’s memo does not reveal whether he spoke to anyone in the court about Haire at that very moment. He states that shortly after his outburst Sheridan was told Haire could be taken back to the jail, “at which time,” Sheridan’s memo concluded, “he started yelling, ‘You fucking bitch, you are scared. You are lucky.'”
The court administration was made aware, as was the State Attorney’s Office, though the case was investigated by detectives at the Sheriff’s Office. “The follow-up that was done included listening to two weeks of monitored calls Haire Jr made from the jail,” a sheriff’s spokesperson said this morning, relaying information from the detective on the case. “In all calls, there was no mention of any threats and no references to the judge. It’s possible that he was mouthing off because he was upset.”
The incident disturbed the judge enough, according to a person familiar with the judge, that she changed some of her personal routines out of caution.
Haire was due in court this afternoon, before Craig, for a pre-trial on the charges related to the shooting incident. He faces 10 charges, including two charges of attempted first-degree murder. But his lawyer, Jeremy Buckmaster, has raised issues with Haire’s mental competence to stand trial. Buckmaster, in a June 23 motion–a month after the incident regarding Moore-Stens–said Haire has “exhibited inappropriate behavior in the presence of the counsel and the Court,” which appears to be a a reference either to the May incident or to Haire’s claim that he flicked off the judge during his first appearance. But Buckmaster goes on to list five other issues, citing Haire’s disorientation, his not disclosing facts pertinent to the case and other matters. Haire’s family has previously spoken about his mental health problems, saying they are the result of himself being the victim of a shooting. (His assailant is serving seven years in prison.)
Craig on June 23 granted the order to have Haire examined. That examination appears not to have been conducted. Both Buckmaster and Jason Lewis, the assistant state attorney prosecuting the case, submitted a stipulated motion–that is, a motion to which both agree–again to postpone the pre-trial because Haire and his attorney are requesting additional time to conduct the mental health evaluation. Craig granted the order.
The next scheduled pre-trial date is September 13 at 1:30 p.m.
Veteran says
Lock him up and throw away the key.
Just the truth says
He is a criminal con artist trying to make threats, place more charges on him for threatening a judge, and do a change of venue and move him to a county jail in another county and find him guilty which he is and throw him in prison for the rest of his life where he belongs.
tom says
if you let him out, with out a job waiting, or parents to guide him or ability to help him, just what do you think he will do. please use your head!
woody says
Let’s just stop the bull-sh-t lock him up until he is to old to threaten anybody.
This Didn't Happen Overnight says
So what judge or judges was it that let him off the hook for the first drive-by, and drug possession charges and threatening to kill his two year-old niece and sister as well as slashing the tires on the car over a video game controller? 40 plus 911 calls to that house pertaining to him and he’s just scheduled to be mentally tested now?
I guess our local judicial system didn’t care about the well being of the public as Haire and his cronies harassed neighbors and citizens. Its only when he shoots at a cop and threatens a judge precautions are taken. There are potential Phillip Haires all over this town.
Anonymous says
Judge’s are only protected against absolute immunity in doing their job. It always amazed when I would see a Judge walk around with an officer escort because when they leave the parking garage there is no more escort and anything can happen. Judge’s live in the same world as the rest of us; they put on their clothes the same way we do (they just wear more expensive clothing), and they live among the crazies just like the rest of us, so why is this a surprise? Stens has been a victim of her vehicle being vandalized in her own driveway; and this was before she was a judge so she better sleep with one eye open–I do. This man obviously has some mental issues and needs help!
Katie Semore says
I agree that in this case this guy who seems to be going for an insanity plea should be moved to another county’s jail, venue changed and all his antics ignored in the press, except for when the trial date is set and then the verdict. If he is found to be incompetent to stand trial he should be held indefinitely as criminally insane in order to protect society. He should be held without bond until trial because he is a demonstrated danger to society. The less press he gets the better.
Mark101 says
Prison sounds like a great place for him. Maybe they can teach him a trade or teach him what discipline is all about
Itsme says
I have no objection to have my tax dollars disbursed to keep this scum bag locked up for life.
Concerned says
My sentiments exactly! Lock him up and throw away the key!
George says
I’d like, “How to get put away for life,” for 500 Alex.
Anonymous says
Sounds like he’s kinda enjoying himself while trying out his insanity defense.
LawAbidingCitizen says
Funny…. his competency was not a question any other time he was in trouble. Now he faces big boy charges and he wants to play crazy….
thomas says
I hope these judges are not conned again.
There goes the neighborhood says
This thug and his crew have been terrorizing the neighborhood for years. This is not the first shooting he is involved in. The only thing we should be focused on is his lack of regard for society. He has had enough chances. He and others like him who don’t have any regard for authority, or the law, need to be Locked away for a very long time. I’m tired of slaps on the wrist for these fools who destroy neighborhoods and bring down property values. I don’t buy his mental illness act for one second, and I agree, he has had enough press. Stop wasting time and money dealing with his shenanigans and move this case along.