DAY 3, January 26, 2011
A Wichita County jury delivered sentencing in a sexual assault of a child/indecency of a child trial around 5:45 p.m. Thursday. They decided Derric Phillips should get 16 years in prison and a $2,500 fine for the first count of sexual assault of a child. They also decided he should get 10 years in prison and a $2,500 fine on the second count of indecency with a child. The judge agreed and decided the sentences will be served back to back.
The jury was given the case around 10 a.m.
Jurors sent Judge Mark Price a note Wednesday afternoon asking if they could get access to court reporter notes.
During deliberations the defendant has been seen spending time with his friends and family.
When the sentence was handed-down, many of his friends were shocked. "26 years is too long for a person that has turned around their life," said Denise Martin.
Phillips, 51, pleaded guilty Monday before the jury to one count of sexual assault of a child and one count of indecency with a child.
The defense is asking the jury to sentence Phillips to community supervision.
The prosecution is asking for the max on each count. Prosecutor Starla Jones described Phillips as a wolf in sheep's clothing. She told the jury the wolf comes out when Phillips is alone with young boys. She pleaded with the jury and said, "don't let the wolf back out in our community."
The Jury was told this morning to consider 2-20 years behind bars or community supervision. Phillips is also facing a $10,000 fine. This is just for the sexual assault of a child charge. The jury must also consider the same punishment options for the charge of indecency with a child.
DAY 2, January 25, 2011
Derric Phillips, 51, took the stand in his own defense Tuesday afternoon.
Phillips testified that he did not come into sexual contact with one of the alleged victims in a separate incident. That alleged victim took the stand Tuesday morning. Phillips also testified that a second alleged victim from the 90's told him he was 18 and the acts were consensual.
When asked about the case he is on trial for, Phillips testified the victim told him he was 18 and consented to the encounter.
Prosecutor Starla Jones showed Phillips a picture of the victim and said, "you mean to tell me you believed this young boy is 18 years old?" Phillips replied, "not looking at it now, no."
The prosecutor pressed Phillips further asking, "you're admitting to this jury that with (two of the victims) you had sex with underage boys?" Phillips said, "yes."
Phillips also told the jury he is not attracted to men anymore, and has gotten involved in church.
Testimony in the punishment phase began Tuesday morning after Derric Phillips entered a guilty plea to sexual assault of a child and indecency with a child.
The alleged teen victim in this case took the stand and told the court he was walking back from his girlfriend's house around 9 p.m. on January 29, 2007.
He testified when Derric Phillips pulled up and asked him if he wanted a ride. He testified that he told Phillips no, but said Phillips got out of the car, grabbed him, put him in the car and took him to his apartment where he sexually assaulted him.
The alleged teen victim says Phillips then put him back in the car and took him home.
The teen told the court a few months later he had some suicidal thoughts as a result of the emotional strain from the assault and went to Red River Hospital. He saw Derrick Phillips there, who was working as staff.
The jury also heard from two other alleged victims.
One person testified they were a patient in the Red River Hospital, where Phillips was employed as a CNA in June of 2006.
The patient claims Phillips came into his room and touched him in an inappropriate way.
Another alleged victim says that Phillips took him under his wing when he was 16. He says Phillips initiated a sexual relationship with him that lasted until he was 23-24. He is 31 now. He painted Phillips as a master manipulator who is good at controlling people. He said Phillips would sabotage efforts for him to make other friends or relationships in what he thought was an attempt at keeping him dependent on him.
Jurors also heard testimony from a detective. He told the court about the arrest Phillips is on trial for. He said the alleged teen victim was leaving his girlfriend's house on Burk road. Detective said the alleged victim was walking when a silver car, driven by Phillips pulled up to him. The detective says Phillips offered him a ride. The alleged victim refused. Police say Phillips forced him into a car and took him to his apartment. Detectives say Phillips forced him inside the apartment, took his clothes off and sexually assaulted him.
DAY 1, January 24, 2011
A jury was seated around 3:45 p.m. Monday in a sex assault and indecency with a child case.
The suspect, 51-year-old Derric Charles Phillips, entered a guilty plea during a pre-trial arraignment to both counts Monday morning.
The seven men, five women jury will now decide his punishment after he formally enters a plea before the jury.The case is being presented in the 89th District Court in Wichita County. The proceedings are set to resume at 9:00 a.m. Tuesday.
Indictments say Phillips sexually assaulted a victim younger than 17 on January 29, 2007.
The defendant is represented by Rick Mahler. The prosecuting attorney is Starla Jones.
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