Small Town News

Riding ranch owner pleads guilty

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Charged in death of 11-year-old, injuring five others

Lynda Mescher pleaded guilty to charges of manslaughter and five counts of injury to a child with a deadly weapon at the start of her trial Tuesday in 33rd Judicial District Court in Burnet.

Mescher, the 48-year-old owner of a Spicewood horse-riding ranch, had previously pleaded not guilty to the charges of causing the death of 11-year-old Brianna Plehn and injuries to five other children Jan. 19, 2009, when her pickup truck skidded and flipped over at Grelle skidded and flipped over at Grelle Recreation Area on the south shore of Lake Travis.

"We will not put on a defense that she didn't do it," defense attorney Eddie Shell said. "She is charged with recklessly causing the death of a young girl and she is entering a plea of guilty, which is to say, 'Yes, I was reckless.' "

Prosecutor Cheryl Nelson would not comment on the case. However, the prosecution moved forward Tuesday, presenting evidence and witnesses to give the jury of nine women and four men the details of the crimes.

Burnet County Sheriffs Office deputy Ricky Bindseil, the first officer who arrived that morriing, was the first witness.

"When I arrived on the scene I saw a truck on its side and a small boy running towards my vehicle," Bindseil testified. "After talking with the child I placed him in the back of my patrol car to ensure that he didn't wander off."

The boy was later identified as Dylan Plehn, Brianna Plehn's younger brother.

Bindseil also said he was the officer who notified the mother of Plehn that her daughter had been killed.

The prosecution asked Bindseil to relive the incident and describe to the jury what happened when the mother arrived on the scene.

"I first brought Dylan over to his mother and tried to get her to focus on him. She was relieved that he was OK but kept asking for her daughter. I had to tell her that Brianna was no longer with us," Bindseil said.

In the video from a patrol unit that was shown to the jury, Plehn could be heard breaking into tears and screaming hysterically after the news.

Mescher submitted a blood test that was negative for drugs and alcohol.

Megan Proctor, 12, who suffered a collapsed lung during the wreck, took the stand to help the prosecution paint a picture of Mescher.

The prosecution asked Proctor to describe some of the chores that she was asked to do during her riding lessons.

"Most of the time it was stuff like scraping manure, cleaning up after ourselves in the cabin, tacking our horses. We did have to clean the hot tub once and we would sometimes pull weeds around the front of the house," Proctor said.

Proctor went on to say that there was not always adult supervision while at the ranch.

"A lot of times Ms. Mescher was in her house," Proctor said.

The prosecutor then asked Proctor to recall what she remembered about the wreck.

"We were all in the back of the truck and we were going probably around 60 miles an hour. I just remember someone yelling hold on and then hitting the ground very hard," Proctor recalled.

When asked if Mescher ever checked on her during the incident, Proctor said no.

"I was able to get up after about five minutes and make my way to the other kids. Ms. Mescher was screaming for us to help her because she was trapped in the truck," Proctor said.

Mescher finally got out through the passenger side window, according to Proctor.

Proctor was taken to Dell Children's Hospital in Austin where she underwent surgery for a gash in her head and a collapsed lung.

Prosecution will continue calling witnesses Wednesday.

Manslaughter with a deadly weapon is a first-degree felony, with a punishment range of up to life in prison and a $10,000 fine.

Injury to a child with a deadly weapon is a second-degree felony, punishable by up to 20 years in prison and a $10,000 fine.

Shell said the jury will be asked to consider probation for Mescher.

Mescher would have to be sentenced to 10 years or less in order to be eligible for probation, Shell added.



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© 2010 Burnet Bulletin Burnet, Texas. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from DAS.

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