CHARLESTON, W.Va. — The trial for the man accused of killing Charleston Patrolman Cassie Johnson remains scheduled to be held in Kanawha County.
Joshua Phillips, 39, of Charleston, appeared with one of his attorneys, John Sullivan, from the South Central Regional Jail on Tuesday as part of a virtual pre-trial hearing in front of Kanawha County Circuit Judge Jennifer Bailey. Phillips’ attorneys, including Ronni Sheets, argued for a change of venue, noting the extensive media coverage of the shooting and the possible effects of having an impartial jury.
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Phillips is charged with first-degree murder in the December 2020 shooting death of Johnson. He 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.
“I think it would be prudent to hold the ruling in abeyance which I will do. We will go forward with a voir dire of the jury. Hopefully with the benefit of the questionnaire and there may be some jurors that parties can agree with,” Bailey told the virtual hearing.
Bailey said jury selection will start Monday at 9 a.m.
During the hearing, Dr. Bryan Edelman, Principal Consultant and Co-Founder of Trial Innovations presented a change of venue study in Kanawha County on behalf of the defense. He showed the results of a survey conducted from January 25 to February 8 of this year with just over 400 respondents in the county.
Edelman said the survey, which was done by random digit dial telephone survey, showed that 85-percent of respondents had “read, seen or heard about the case.” Other results of the survey showed 78-percent of respondents believed Phillips was guilty of murder. Included that 78-percent was 44-percent believing Phillips is “definitely guilty” of murder. Edelman also said that 63-percent of respondents believe Phillips is “guilty” and reported that he would have a difficult time convincing them he is not.
Sheets told the judge following Edelman’s presentation that ‘this is exactly the kind of case that change of venue is meant for.’ She said that is based on the exposure of the case, the death threats against Phillips and the belief of guilt.
According to Edelman, the exposure of the case included 42 newspaper articles by the local newspaper and 129 stories between the three television stations in the area on it.
“You can feel that through the community, your honor. No one is faulting that. No one is saying the media did something wrong, no one is saying the community shouldn’t have had this outpouring of sentiment. It’s what effect it is having on the ability for Mr. Phillips to get a fair trial,” Sheets said.
Kanawha County Assistant Prosecutor Michele Drummond said that the defendant finds the community has been deeply impacted by Johnson’s death but whether or not a community has been deeply impacted by someone’s death is not the basis for determining whether a change of venue is appropriate.
She also believed that survey was not nearly enough of a response.
“His survey did not address the entire potential jury pool of Kanawha County. It addressed 400 people,” Drummond said.
According to WCHS-TV, Phillips said he is planning to claim self-defense in the shooting.
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.
Phillips remains at the South Central Regional Jail.