Phillip Drake skipped his own sentencing hearing in Hidalgo County. It was the third time he failed to show up in this case.
Drake, 42, once lived in Edinburg, Texas. He now lives in South Carolina. He is also known as a failed 2024 presidential candidate.
Drake was set to be sentenced last October on theft charges. But the hearing kept getting pushed back. Court records show he was supposed to be paying back money he owed a victim. That money is called restitution.
South Texas ranchers work hard to build up their herds. Cattle theft can wipe out months of work in one bad deal. Many cattle deals in this region still run on a handshake and trust between neighbors. Drake's case shows how that kind of deal can turn into a years-long legal fight. The accused is still free to skip town.
The case goes back to a business deal Drake made with Salvador Garza III. Garza agreed to pay for a herd of cattle. Drake would buy the cows, feed them, and sell them later for a profit. Garza paid Drake tens of thousands of dollars between late 2020 and March 2021.
Garza got suspicious when Drake kept making excuses. He demanded Drake hand over the cattle or the money. Drake did neither. Deputies arrested Drake on October 15, 2021. Garza had accused him of stealing 232 head of cattle.
Drake also had a similar deal with another rancher, Roy Ruiz. Ruiz had about 267 head of cattle grazing on Drake's ranch. When Ruiz asked for his cattle back, Drake gave him excuses too. Ruiz sent an employee to stay at the ranch. The employee did not leave until every one of Ruiz's cattle came home.
That same day, Drake claimed something happened to him. He said he had been tied to a chair and assaulted. He said it happened at a property off Highway 281 on East FM 409. He made the report about a month after he said the attack happened.
The next day, Hidalgo County Sheriff J.E. "Eddie" Guerra said deputies closed the case. Drake would not cooperate with investigators, the sheriff said.
Joe Aguilar Jr. is a Special Ranger with the Texas and Southwestern Cattle Raisers Association. He had looked into Drake before. Aguilar called Drake a "con artist." He said Drake used Ruiz's cattle as pawns. Aguilar said Drake claimed Ruiz's cattle were his own. He said Drake used that lie to cheat other South Texas ranchers.
Drake pleaded guilty to theft of cattle on August 13, 2024.
His sentencing hearing kept getting delayed after that. Court papers say Drake was supposed to be working on paying back what he owed. Then came the day he was set to pay restitution and finally be sentenced. He did not show up.
Court records show Drake had filed a motion asking for more time earlier that month. He said he got the flu on February 28. He said he could not safely come to court for a week. His motion read: "This request is made in good faith, is not sought for purposes of delay, and is necessary so that justice may be done."
The judge reset the case for the following Tuesday. Drake did not show up that day either.
Drake has run from this case more than once. He now has a warrant out for his arrest. His bond has been revoked again. It is not clear where he is right now.
The victim in this case is still waiting to be paid back. Garza and Ruiz both trusted Drake with their cattle. That trust cost them.
The case remains open in Hidalgo County. South Texas ranchers who do business on a handshake are watching to see if Drake ever faces the judge again.