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Thread: Jessie Livell Phillips - Alabama Death Row

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    Jessie Livell Phillips - Alabama Death Row




    Opening arguments set Thursday in murder trial

    Opening arguments will begin Thursday at 1 p.m. in the murder case against Jesse L. Phillips.

    Phillips is accused of murdering his 23-year-old wife Erica Carmen Phillips, who was pregnant at the time of her death. The incident happened at a Warrenton car wash in February 2009.

    Marshall County District Judge Tim Riley has been appointed a special circuit judge to preside over the trial which Marshall said is expected to be the first of its kind where the Brody Bill is applied.

    “I’m not aware of this law being applied in any courtroom to this point,” said Marshall County District Attorney Steve Marshall.

    Jesse Phillips is charged with capital murder under the Brody Bill, a law that allows prosecution of anyone who assaults or murders a pregnant woman on behalf of the unborn child.

    The Brody Bill is in memory of Brody Parker, the unborn child of Albertville resident Brandy Parker, a woman who was eight months pregnant when she was shot and killed in July 2005.

    Jury selection is anticipated to end Thursday morning. The process, which began Monday, is lengthy because the trial is a capital murder trial where the death penalty could be applied, Marshall said.

    http://www.sandmountainreporter.com/...9bb2963f4.html
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    Guilty: jury finds Phillips guilty of capital murder

    Jackeline Vega has to survive one more day in court to ensure her daughter’s killer gets the punishment she says he deserves.

    Vega was on hand with her sons, Lance, Billy and Robert Droze, and other friends and family at the Marshall County Courthouse in Guntersville Monday when jurors returned a guilty verdict against her daughter’s husband, Jessie Phillips.

    Jurors had to choose between capital murder, murder and not guilty verdicts.

    Jessie Phillips was convicted of the capital murder of his wife, Erica Phillips. Jessie Phillips killed Erica Philips on Feb. 27, 2009 with a single gunshot wound to the head while the couple was at a Guntersville carwash with their two toddler children, and her brothers, Lance and Billy.

    Erica Phillips was approximately eight weeks pregnant with the couple’s third child at the time of the shooting.

    The case was the first in the state of Alabama to be tried under the Brody Law, legislation that allows charges to be filed against the person who assaults or kills a pregnant woman on behalf of the unborn child.

    “I have to get through one more step,” Vega said tearfully Monday after the verdict was reached.

    “I’ll be here to the end to see this through.”

    Marshall County District Attorney Steve Marshall said he was pleased with the verdict rendered by the jury.

    “We are very appreciative and thankful for the jury’s verdict in the penalty phase of this trial. The verdict now provides justice for the family of Erica and Baby Doe,” Marshall said.

    “Just as important, the verdict is a reminder of the efforts of the Parker family who, because of the murder of Brandy and Brody Parker, have allowed us to protect the rights of the unborn in criminal courtrooms in Alabama.

    “We look forward to the penalty phase of this trial to hold Jessie Phillips fully accountable for his actions.”

    Jessie Phillips showed no emotion as the verdict was read in Judge Tim Riley’s courtroom after just more than an hour and a half of deliberations.

    Attempts to speak to Jessie Phillips’ family and friends were unsuccessful Monday afternoon. Family members had gathered on the steps outside the courthouse, holding one another and sobbing loudly. When approached, a man said neither he nor his family had any comment and asked the media to leave them alone.

    At least nine Marshall County Sheriff’s Office deputies were stationed throughout the courtroom, and Riley cautioned relatives and supporters of both the defendant and victim to remain calm and not make any emotional outbursts upon the verdict’s reveal.

    The penalty phase begins Tuesday at 9 a.m., as jurors will hear testimony regarding any mitigating or aggravating circumstances in the case.

    Jessie Phillips now faces a sentence of life in prison without the possibility of parole or the death penalty.

    On Monday, defense attorney Bruce Gardner rested his case without calling a single witness. He said the case was not a “whodunit” but rather a case where the intent of Jessie Phillips was at question.

    “This is a classic case of a man who even at the time he pulled the trigger didn’t really thing about what was going to happen,” Gardner said in his closing arguments Monday morning.

    “I told you he snapped. I still say that.

    “This is a man who had reached his wits’ end.

    “I don’t know how many times anyone can be called the types of things he was … and listen to her tell him how stupid he was. How long can you put up with it?”

    Prosecutors ended their case with a rebuttal just after lunch Monday, asking the jury to use common sense when considering testimony given Thursday and Friday, including a pair of taped interviews Jessie Phillips gave Albertville and Guntersville police detectives in the hours and day after the shooting. In the interviews, Jessie Phillips said he had taken a pistol from Erica Phillips’ vehicle and put it in his pocket. He claimed neither he nor Erica had permits to carry the pistol and he didn’t want her to get in trouble if pulled over by the police.

    “What was his intent when he put the gun in his pocket? He was already angry. It shows his intent to use it later in time,” said Assistant District Attorney Ed Kellett.

    “It is odd to accept his reasoning that he didn’t want her to get caught with it, particularly when you consider that not an hour later he shot and killed her and the baby she was carrying.

    “He shot an unarmed pregnant woman in the head.”

    According to testimony offered Thursday and Friday by prosecution witnesses, the couple had traveled to New Hope on the day of the shooting to purchase a car for Erica Phillips. They then met her brother, Billy Droze, at the Hampton Cove McDonald’s restaurant before returning to Guntersville to meet up with her brother, Lance, who worked at the Guntersville Boat Mart.

    The couple reportedly argued, and Billy Droze testified he heard Erica Droze call for his help. When he arrived in the carwash bay where Erica and Jessie Phillips were arguing, he testified he saw Jessie Phillips with Erica in a headlock with a gun to her head. She was able to break away, he testified, but was shot in the head seconds later.

    Jessie Phillips walked around her to get into the couple’s truck without looking at her and fled the scene, leaving Erica Phillips lying in a pool of blood.

    Billy Droze testified he gathered his toddler niece and nephew and put them in his car before driving to the Boat Mart to find his brother.

    Medics were summoned and Erica Phillips was transported to Marshall Medical Center South were she was treated for less than an hour before being transported to Huntsville Hospital. She died the next day of her wounds.

    http://www.sandmountainreporter.com/...a4bcf887a.html
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    Jury recommends death in Jessie Phillips case

    A Marshall County jury recommended death for Jessie Phillips, the man convicted of capital murder for shooting and killing his pregnant wife.

    When the punishment phase resumed Tuesday, the jury heard testimony from Phillips' mother.

    Monday, jurors found Phillips guilty of killing his pregnant wife, Erica Droze Phillips, at Lakeside Carwash off Highway 69 in Guntersville in 2009. Droze was eight weeks pregnant at the time of her death.

    The jury was charged and began deliberations just before 3 p.m. One hour later, they returned to the courtroom and recommended the death penalty.

    The judge will make a final decision.

    http://www.waff.com/story/18825481/j...-phillips-case
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    "Y'all be makin shit up" ~ Markeith Loyd

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    Jury returns unanimous decision in Phillips trial

    Judge Tim Riley will take a jury’s advisory opinion into account when he sentences Jessie Phillips in mid-July.

    A jury found Phillips guilty Monday afternoon of capital murder, and the same jury recommended he be sentenced to the death penalty Tuesday afternoon.

    In a 12-0 verdict, jurors unanimously recommended the death penalty in a first of its kind trial in Alabama where a defendant faced capital murder charges under the Brody Law.

    Under the law, a person who assaults or murders a pregnant woman may face charges on behalf of the unborn child.

    “I appreciate the work of the jury at all phases of this trial,” said Marshall County District Attorney Steve Marshall. “The verdict and the jury’s recommendation on sentencing can do nothing to rectify what happened, but the jury’s work provides justice to all who have been harmed by the actions of Jessie Phillips.

    “I commend the investigation of the Guntersville Police Department and all who allowed us to receive this result.”

    After the jury announced its verdict, Erica Phillips’ sister, Linda Bole, said she felt justice had been served.

    “As the Bible says, an eye for an eye,” Bole said.

    “We will never have any closure in this. Erica’s not coming back to us.

    “Sitting through the trial has been absolutely gut wrenching and heart breaking.”

    Jessie Phillips admitted to shooting his wife, Erica Phillips, on Feb. 27, 2009, at the Lakeside Carwash on Alabama 69.

    http://www.sandmountainreporter.com/...9bb2963f4.html
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    Judge To Sentence Jessie Phillips September 6

    MARSHALL COUNTY, Ala. (WHNT) – Monday morning, a judge held a pre-sentencing hearing for Jessie Phillips, the man convicted of killing his pregnant wife earlier this year.

    The judge will sentence Phillips on September 9.

    The jury in the trial recommended the death penalty for Phillips. The jury convicted him of capital murder in the death of his wife, Erica Droze Phillips, and their unborn child in February 2009.

    http://whnt.com/2012/08/27/judge-to-...s-september-6/

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    Sentence expected in Phillips’ murder trial Thursday

    Jessie Phillips will learn his fate Thursday morning as Judge Tim Riley sentences him to either the death penalty or life in prison.

    Phillips was convicted June 18 of capital murder for killing his wife, Erica Droze Phillips, and their unborn child with a single gunshot wound to the head.

    The couple had stopped at a Guntersville car wash and Phillips shot Erica in front of the couple’s two toddler children and Erica’s brother, Billy Droze.

    The case is the first of its kind tried under the Brody Law, an Alabama law that allows for a suspect to be charged with murder on behalf of the unborn child.

    Marshall County District Attorney Steve Marshall said Riley took testimony given by Marshall and a victims’ impact statement read on behalf of the Droze family by Erica’s brother, Lance, at the Aug. 30 pre-sentencing hearing under advisement.

    “When the judge issues a sentences, he is required to render written finding of fact regarding all the mitigating and aggravating circumstances,” Marshall said. “That report is based on evidence heard at the trial, the sentencing hearing before the jury and all evidence provided to the judge.

    “The idea is that the judge has now considered any and all facts provided by anyone and everyone in the case.”

    Riley is expected to render his decision on sentencing Thursday at 9 a.m. at the Guntersville Court House.

    Following the trial and Phillips’ conviction, a jury recommended the death penalty.

    During the trial, Phillips testified he and Erica had fought most of the day Feb. 27, 2009, and that he “snapped” when the couple stopped at the car wash on Alabama 69 near the Guntersville Boat Mart.

    The couple had stopped there with Erica’s brother, Billy, to wash cars and visit with Lance, another of her brothers, who worked at the nearby Guntersville Boat Mart.

    Billy Droze testified he heard Erica call for his help and he ran to a wash bay in time to see Phillips put her in a headlock. She was able to free herself, but Phillips shot her once in the head as she tried to flee.

    Billy testified he scooped up the couple’s children and took them to the Boat Mart, where he told Lance what had happened.

    Lance went to the carwash and held Erica until medical personnel and police came.

    She was transported to Marshall Medical Center North and later taken to Huntsville Hospital, where she died.

    Phillips fled in the family’s vehicle to Albertville, where he turned himself in and confessed to the killing.

    http://www.sandmountainreporter.com/...a4bcf887a.html

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    In the past week or so, Alabama juries have recommended three death sentences.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    Judge Sentences Jessie Phillips To Death Penalty

    MARSHALL COUNTY, Ala. (WHNT) – A judge has sentenced Jessie Phillips, a Marshall County man, to the death penalty.

    Phillips was convicted of killing his pregnant wife earlier this year.

    The jury in the trial recommended the death penalty for Phillips. The jury convicted him of capital murder in the death of his wife, Erica Droze Phillips, and their unborn child in February 2009.

    http://whnt.com/2012/09/06/judge-sen...death-penalty/
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    Alabama death row inmate's capital murder conviction upheld in 2009 slaying of pregnant wife

    By Jonathan Grass
    AL.com

    Alabama Attorney General Luther Strange has announced the upholding of a three-year-old capital murder conviction from Marshall County.

    Jessie Livell Phillips. Phillips, 36, of Albertville was convicted in September 2012 of killing his wife and her unborn child.

    Evidence at trial showed it started with an argument over a deal Phillips had made about a car. He said he and his wife, Erica Phillips, had been arguing about it all day on Feb. 27, 2009.

    The couple continued arguing inside their vehicle at the Lakeside Carwash in the Warrenton community of Guntersville. Phillips pulled out a gun and shot his wife in the head. She was eight weeks pregnant at the time.

    A witness notified police of the shooting.

    Shortly after, Phillips turned himself in to the Albertville Police Department. He was in possession of the murder weapon.

    Phillips was convicted of capital murder and sentenced to death. He subsequently sought to have his conviction reversed on appeal.

    The Alabama Court of Criminal Appeals upheld his capital murder conviction in a decision handed down on Friday.

    The case was prosecuted at trial by the Marshall County District Attorney's Office. The Attorney General's Capital Litigation Section handled the case during the appeals process.

    Strange commended Assistant Attorney General Clay Crenshaw, Chief of his Appeals Division, for his successful work in this case.

    http://www.al.com/news/index.ssf/201...ates_capi.html

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    Marshall County death row inmate hopes for reduced sentence

    A Marshall County man on death row for the killing of his wife and her unborn child returned to court Wednesday.

    Jessie Phillips is hoping to have his sentence reduced. This after an appeals court seeks clarification from the judge on his 2012 sentence.

    Prosecutors in the case are asking the judge to clarify to the appeals court, reasons why he ordered the death penalty.

    But defense attorneys see this as an opportunity for Phillips to be re-sentenced to life without parole. More than 3 years after he was sentenced, Jessie Phillips was back before his trial judge Wednesday morning.

    Phillips was sentenced to death in 2012 for the shooting death of Erica Droze. Droze was 8 weeks pregnant when she was shot in the head by Phillips at Lakeside Car Wash back in 2009.

    On Wednesday, the parties began revisiting the aggravating and mitigating circumstances surrounding the decision to sentence Phillips to death.

    Defense attorneys argued he should be given life without, because there were several mitigating circumstances including Phillips bad childhood, mother had drug problems, he was in foster care, as well as he had no significant criminal history.

    Prosecutors argued the single aggravating circumstance of taking the life of the mother, and giving no life opportunities for the unborn child outweighs those mitigating circumstances.

    "Our position is the judge doesn't need to change his sentence. In fact, he simply needs to amend his order and allow the sentence that was imposed and recommended by the jury and by him to be eventually carried out," says Marshall County District Attorney Steve Marshall.

    The judge asked both sides to submit their briefs to the court by the end of the month and a future hearing date will be set.

    http://www.waff.com/story/30960093/m...duced-sentence

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