CHARLESTON, W.Va. — A pre-trial hearing took place Tuesday in Kanawha County Circuit Court for the man charged in the murder of Charleston Police Officer Cassie Johnson.
Joshua Phillips, of Charleston, appeared in person in front of Judge Jennifer Bailey before Bailey denied a motion from Phillips’ attorneys to have certain evidence in the case suppressed and continued a motion on change of venue. Phillips is facing a first-degree murder charge in the December 2020 shooting death of Johnson.
John Sullivan, representing Phillips along with Ronni Sheets, argued evidence such as the pills found in Phillips’ pants to be inadmissible because it was obtained while the suspect was in the hospital. Phillips had been shot during an altercation with Johnson.
“The search which resulted in the pills being found should have had a search warrant. There was no reason for an exigent circumstance at the time when that search was conducted,” he said.
Bailey responded, “Based upon the totality of the circumstances here, this was a warrantless search based upon probable cause to take the defendant into custody. The seizure of the evidence was incident what I consider to be a lawful arrest.”
The pills found in the pants of Phillips the day of the incident resulted in a drug charge in the indictment. Phillips was indicted last April by a grand jury on charges of first-degree murder, conspiracy, prohibited persons from possession of a concealed firearm and violation of the Uniform Controlled Substance Act.
One of the Charleston Police Officers that testified Tuesday was Sgt. Hedrick Miller. Miller said on the stand that he went to the hospital with Phillips and collected his clothing from the ambulance. Miller told the defense that he did not search the pockets of Phillips’ clothing. Phillips’ clothing was later searched by CPD.
“Being he was in custody and not free to leave, we followed the ambulance to ensure he would not escape from the back of the ambulance and then we went to the hospital,” Miller said on the stand.
Charleston Police Cpl. Jarl Taylor, who stated he now works for the Kanawha County Commission, also took to the stand Tuesday. Taylor was emotional recalling that day, as he heard on his radio a struggle between Johnson and Phillips.
“I heard her saying stop and then you heard the scruffling of the microphone,” Taylor said
“What did you do at that point,” asked Michele Drummond, representing the state.
“At that point that’s when I….I drove lights and sirens to that area,” Taylor responded emotionally.
During the hearing, Bailey also continued a motion on change of venue to Tuesday, March 22 at 1 p.m. The defense continues to claim that pre-trial publicity has made it impossible to find an impartial jury in Charleston. The defense said it has a witness who performed a change of venue study to testify.
The defense argued for a change of venue in pre-trial hearings in December and January.
The trial in the case is scheduled for March 28.
Phillips is accused of shooting Johnson on Dec. 1, 2020 as the office responded to a parking complaint on Garrison Avenue. Johnson died a few days after the incident.
Phillips remains at the South Central Regional Jail.