DWI charge against Wichita Falls attorney dropped

A Wichita Falls attorney whose DWI charge was dropped spoke out about his innocence and the toll of being "wrongfully arrested" on his family.

Defense attorney Mark Houston Barber's arrest last year in Archer County also led to a judge declaring a mistrial in a murder case.

"I was wrongfully arrested. I had not consumed any type of alcohol for weeks. I had not taken any prescription medications on that date," Barber, a well-known lawyer who represents clients in high-profile cases, said Wednesday.

A charge of DWI with a child passenger under 15 against him was dismissed because of insufficient evidence after lab tests came back negative from the Texas Department of Public Safety, according to a judge's order. The offense is punishable by up to two years in a state jail facility.

Blood test results showed Barber was not intoxicated when deputies pulled him over Aug. 28, 2022, on Texas Highway 79, alleging they observed him driving erratically.

"This event was traumatizing to my daughter who knew I was not intoxicated," Barber said.

It was also traumatizing to his wife and family because of the widespread coverage on the news and social media, he said.

Archer County Sheriff Jack Curd said Wednesday he was not aware the charge against Barber was dismissed, but DWI dismissals are common in Wichita and Archer counties.

In any case, Barber noted several issues in an emailed statement he released Wednesday in response to the Times Record News' request for comment. TRN recently found out a judge ordered the charge dropped July 18 at the request of 97th District Attorney Casey Hall.

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Barber said in his statement that on the Sunday he was arrested, he went to church and ate out with his family afterward. He watched a soccer match on TV with his son for about an hour. He and his daughter went to Archer City and were there about two hours.

"Adults observed me with my child during this two-hour time span," he said.

Shortly after around 4 p.m., he left Archer City and was arrested by Archer County sheriff's deputies.

"In the probable cause affidavit, the deputy sheriff slandered me by stating he believed I had used 'illicit drugs.' I do not and have not used any 'illicit drugs,' " Barber said. "I specifically requested a blood test."

He has handled many DWI cases during his career, and he wouldn't have asked for a blood test if he had consumed alcohol or used medications or illicit drugs, he said.

"I requested a blood test because I knew the tests would be negative," Barber said. "The DPS crime laboratory tested the blood for the presence of alcohol. None was found. They performed a test to determine if any drugs were in my system. The testing showed no substance in my system."

At the scene of his arrest, five to six deputies were present, and four of them surrounded his 12-year-old daughter and interrogated her, which upset Barber.

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"It does not take four deputy sheriffs to interview a 12-year-old child," Barber said.

He was taken to jail and released about three to four hours after his arrest — even though he was reportedly "intoxicated," Barber said.

Since then, Barber was appointed to represent a woman in a serious felony case, and she was held in the Archer County Jail since she couldn't bond out, he said.

She told an expert witness in her case that a high-ranking officer with the Archer County Sheriff's Office disparaged Barber's character to her, he said. The officer was the lead investigator in her case.

Barber's client notified him in writing because she believed the derogatory remarks, he said. She also testified before a judge about them.

Recently, Barber was pulled over by an Archer County constable while in the county, he said. He had never met the constable and did not know him. The constable didn't ask for his driver's license, and he knew who Barber was.

The constable told Barber he was speeding but gave him no ticket or warning, saying they had dealt with Barber enough.

"The only time I had been 'dealt' with was when I was wrongfully arrested," Barber said.

He knew about the dismissal of the DWI charge a few months ago but made no media statements or posts on social media, wishing to put it all in the rearview mirror, Barber said.

He heard Curd felt the need to call the 97th DA's Office on the day he was arrested to tell them about it.

"I suspect that he does not call the D.A.'s office every time somebody is arrested by a deputy sheriff in Archer County, Texas and especially not on a Sunday," Barber said.

Curd said he notified the DA's Office because he knew a trial was in progress, and Barber's arrest would have implications for the case.

"I don't notify the DA's Office on everything, but if it's going to affect them first thing the next morning, then I'm definitely going to call them," the sheriff said.

Barber was due back in court the next day for trial.

In addition, Curd said he had nothing to do with Barber's arrest and didn't even know about it until after the fact.

Barber was representing Joshua Thomas Fulbright. His trial for a murder charge in connection with the death of 2-year-old Scarlette Olivia Newsom Oct. 18, 2018, was about a week into the prosecution's case when Barber was arrested and a judge subsequently declared a mistrial.

An earlier trial for Fulbright also ended in a mistrial Dec. 6, 2019, because a jury could not be seated after attorneys questioned a group of 80 potential jurors in Clay County. The trial was subsequently moved to Montague County on a change of venue.

A different defense attorney represents Fulbright. His murder trial is reset for Feb. 6, 2024, at the Montague County Courthouse.

Curd also addressed the accusation that an investigator made derogatory comments about Barber's character.

“I don't believe that there was disparaging remarks made to his client," Curd said. "I don't think that's what really happened."

What's more, Barber has never made an official complaint to Curd, which would trigger a probe, he said.

Curd said a deputy or officer might be disciplined for such actions if there was evidence, and it was actually improper. But that would be an internal matter.

Trish Choate, enterprise watchdog reporter for the Times Record News, covers education, courts, breaking news and more. Contact Trish with news tips at tchoate@gannett.com. Read her recent work here. Her X handle is @Trishapedia.

This article originally appeared on Wichita Falls Times Record News: Wichita Falls attorney sees DWI charge dropped