A Bolivar man charged with the March 2020 shooting death of a 35-year-old man will face a jury of his peers next month.
According to online court records, Michael James Ybarra Jr.’s case is set for jury trial in Dallas County from Monday, Oct. 18, to Friday, Oct. 22, with 30th Circuit Judge Michael O’Brien Hendrickson presiding.
Ybarra is charged with class A felony first-degree murder and felony armed criminal action in Polk County Circuit Court.
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The case was moved from Polk to Dallas County in July 2020 after Hendrickson upheld a motion for a change of venue, per court records.
In a hearing earlier this month, according to court records, Ybarra rejected a plea offer from Polk County Prosecuting Attorney Ken Ashlock.
According to previous coverage, Ybarra allegedly shot and killed Josh Phillips of Bolivar at around 5:30 a.m. Monday, March 23, 2020, at a residence in the 200 block of West Buffalo Street, Bolivar.
When Bolivar police officers arrived on scene, they found a man “obviously deceased on the floor of the living room of that address,” the probable cause statement said.
A witness, who was walking in from taking out trash, saw Ybarra “use a semi-automatic pistol and shoot (the victim) several times” before he fled out the front door, the statement said.
“During the commission of the crime, a large bucket of white paint was knocked over and covered the floor making it impossible for anyone to leave the scene without stepping in the paint,” the statement said.
Law enforcement later found Ybarra, described as a Hispanic man with a beard and the number 13 tattooed on his face, at around 9:30 a.m. in a residence in the 100 block of West College Street. He was arrested “after brief negotiations,” the statement said.
Officers found “footprints in white paint” inside the front door of the apartment, as well as boots belonging to Ybarra with white paint on them, the statement said. They also found a 9mm handgun. Bolivar Police Chief Mark Webb said the location of the arrest is "just about two blocks from where the shooting happened," per previous coverage.
The statement said Ybarra “has an extensive history of criminal activity,” which includes arrests for possession of narcotics, assaults, evading law enforcement, tampering with witnesses or victims and theft.
During the course of this case, Ybarra has also worked his way through Polk County Circuit Court cases for other felony charges.
In December 2020, Ybarra pleaded guilty to class D felony attempted escape from confinement by striking a person after trying to escape from the Polk County Jail and injuring a deputy in December 2019. He was sentenced to 180 days in jail, in accordance with a plea deal, and received credit for time served.
He also pleaded guilty to class C felony delivery of controlled substance in December 2020 as part of a plea deal.
Bolivar officers seized Ybarra’s vehicle, a silver 2000 Buick Century, in December 2019 as evidence in a first-degree assault investigation, per previous coverage. When searching the vehicle, they found around 474 grams of marijuana and 1,321 grams of THC infused vape cartridges in a backpack.
Associate Judge John C. Porter suspended the execution of a seven-year sentence in this case and assigned Ybarra to five years supervised probation, per court records.
Ybarra has been held in Polk County Jail on $1.5 million cash or surety bond.
