CHARLESTON, W.Va. — Members of a 12-member jury watched cell phone video of the moments after Charleston police officer Cassie Johnson was shot on Dec.1, 2020, Monday as members of Johnson’s family held one another in a Kanawha County courtroom.
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Testimony in the trial of Joshua Phillips began Monday afternoon. Phillips, 39, of Charleston, is charged with murder in Johnson’s death. He doesn’t deny that he shot her but he claims it was self-defense.
During Monday’s opening statements, Phillips’ attorney John Sullivan said evidence will show that Johnson shot Phillips first during an altercation that began when Johnson came to Garrison Avenue to investigate a parking complaint.
“It’s the state of his mind you have to decide on, not the shooting,” Sullivan told the jury.
He said what happened was not first-degree murder.
“It’s not whether Josh Phillips shot Officer Johnson but it’s whether at that time he premeditated, decided beforehand to do it, planned to do it,” Sullivan said.
Kanawha County Assistant Prosecutor Michelle Drummond laid the state’s case out against Phillips. She described the on-street encounter. She said Phillips took Johnson’s handcuffs and threw them across the street. He pulled out a gun and prevented Johnson from getting to her weapon.
“She was not able to do so because this defendant put his hand over her hand of her holstered gun and prevented her from pulling the gun out,” Drummond said.
Drummond said the state will also prove Phillips committed a drug crime.
Prosecutors called Michael Oesterreicher as one of its first witnesses. He saw Johnson and Phillips “chest to chest” along Garrison Avenue. Oesterreicher said he heard Johnson tell Phillips, “Don’t do this. Don’t do this.”
Kanawha County Assistant Prosecutor asked Oesterreicher what Johnson’s first sounded like.
“Scared but authoritative at the same time,” Oesterreicher said.
He said moments later he heard shots fired but he could not see who shot first. Oesterreicher also testified he never saw Johnson pull her gun out.
Oesterreicher’s cell phone video showed the aftermath of the shooting. The jury and Johnson’s family watched. The video showed Johnson lying face down on the ground. She was unresponsive. Testimony said her service weapon was found underneath her body.
Jury selection accelerated Monday morning after a slow start last Thursday and Friday. The prosecution and defense agreed on 24 potential jurors. Twelve were chosen along with two alternates. Nine of the 14 jurors are women.
Kanawha County Circuit Judge Jennifer Bailey rejected the defense’s renewed motion for a change of venue.
The prosecution will continue calling witnesses to the stand Tuesday morning.
MetroNews reporter Carrie Hodousek contributed to this story.