Less than two weeks after he heckled the judge and prosecutor as he was sentenced for threatening SLO Women’s March organizers on Facebook, a San Luis Obispo man is in County Jail custody after allegedly violating his probation.
Daniel Joshua Phares was arrested Thursday and will serve an unspecified time in the County Jail, according to court records, following a plea agreement that required no more jail time for posting, “I will kill every one of you and make you like it” on the Facebook page for a vigil last year at Mission Plaza.
It is unclear what term of his probation Phares is alleged to have violated. Deputy District Attorney Chris Peuvrelle, who prosecuted Phares’ case, said he did not yet know Friday what the alleged violation was, and the county’s Chief Probation Officer, Jim Salio, declined to elaborate on the specifics of Phares’ arrest.
Phares’ plea agreement required he relinquish his guns for 10 years and complete 18 months of formal probation after pleading no contest in October to a misdemeanor charge of making criminal threats. He must also write letters of apology to the three organizers named as victims.
The deal did not require him, however, to serve more than the two days of jail time he already served, though Peuvrelle told the judge during sentencing that the DA’s Office plans to ask for “substantial custody time” should Phares fail to abide by his requirements.
Phares is currently scheduled to be arraigned for the probation violation on Dec. 27, though it is unclear whether he will spend Christmas in jail. His attorney, Jeremy Cutcher, could not immediately be reached for comment Friday afternoon.
At his sentencing hearing Dec. 11, Phares made several outbursts toward Judge Matthew Guerrero and prosecutor and was warned by the judge that if he is found to be in violation of his probation, he can be booked into County Jail on a “flash incarceration” without a court hearing for up to 10 days.
“Search away,” Phares told Guerrero. “I’m not afraid of being searched.”
Phares faced up to a year in San Luis Obispo County Jail for writing the offending post on the Facebook page of an August 2017 vigil at Mission Plaza to honor people affected by the violent protests last year in Charlottesville, Virginia, according to court documents.
A search of a Facebook page appearing to belong to Phares showed a years-long history of racist and anti-Islamic posts, in addition to strong support for veganism and environmental causes, according to Tribune reports.
Following The Tribune coverage of his sentencing hearing, Phares commented on the Facebook posting of the article, where he blamed his sentence on a “latino judge.”