CHARLESTON, W.Va. — Joshua Phillips will not testify on his own behalf at his Kanawha murder trial, he told Judge Jennifer Bailey on Wednesday afternoon.
Wednesday marked the third day of his trial and signs point to it ending in the next couple of days. Phillips, 39, faces a first degree murder in the Dec. 1, 2020 death of Charleston Officer Cassie Johnson. He also faces a charge of drug possession with intent to deliver.
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Phillips announced his decision after the jury had left for the day. He is claiming self-defense in the trial. Phillips was shot by Johnson during an altercation over a parking complaint on Garrison Avenue, when the two exchanged gunfire.
Both sides discussed jury instructions late Wednesday afternoon. The jury is scheduled to be back Thursday at 9 a.m. where members will hear from the state’s final witness.
The defense called their only two witnesses to the stand Wednesday afternoon including Dr. Andrew Paul Walker, a general surgeon at CAMC Memorial Hospital and Jacob Clendenin with the Charleston Fire Department.
Walker stated he treated Phillips after he arrived in the emergency room at CAMC Memorial. Both Clendenin and Walker stated that Phillips was in “Critical” condition with two gunshot wounds.
Walker further stated that Phillips ‘coded,’ essentially meaning that Phillips had no heartbeat or pulse.
“En route to the operating room, he (Phillips) coded, requiring CPR as we were wheeling him to the operating room,” Walker stated.
Following the state’s final witness, the jury is expected to hear instructions and closing arguments.
The jury has been dismissed for 15 minutes.
Judge Jennifer Bailey is now talking to Phillips about his trial rights.
? Phillips says he will NOT testify on his own behalf. @WVMetroNews @580WCHS
— Jake Flatley (@JakeFlatley) June 8, 2022
During the Wednesday morning portion of the trial, the gunshot that caused the death of Cassie Johnson was described.
“If you look right here, that’s from the impact of the suspected bullet strike,” Sgt. Mike Knapp, a detective with the Kanawha County Sheriff’s Office, showed the jury during the state’s presentation of photo evidence from the crime scene.
Johnson’s family has been sitting in the front row of the court room this week.
Johnson was responding to a parking complaint on Garrison Avenue when she approached Phillips about moving his red Dodge Durango. Phillips failed to comply and shots rang out.
Photos of bullet casings and damage to Johnson’s police uniform were presented to the jury. Knapp said the bullet that ended Johnson’s life hit her part of her badge, vest and neck gaiter.
Johnson was wearing a neck gaiter during the height of the COVID-19 pandemic.
“Let me ask you detective,” Kanawha County Assistant Prosecutor Don Morris said. “When you looked at the evidence in this case, the badge, the tear in the garment and also to the neck gaiter, could you trace a path of the bullet?”
“I could, yes,” Knapp replied.
Knapp said the neck gaiter was “saturated with blood” with “multiple purperations throughout the fabric.”
Day 3 of the Joshua Phillips murder trial. Kanawha County Assistant Prosecutor Don Morris holds Phillips’ gun while Sgt. Mike Knapp with the Kanawha County Sheriff's Office testifies a fired bullet was collected during the autopsy of CPD Officer Cassie Johnson. @WVMetroNews pic.twitter.com/cUvNoF79PN
— Carrie Hodousek (@CarrieHodousek) June 8, 2022
Dr. Richard Umstodt, a surgeon at Charleston Area Medical Center, testified Wednesday that Johnson died on Dec. 3, 2020, two days after the shooting. Umstodt said Johnson had a “penetrating injury to the left side of her neck” and that she was unresponsive when she arrived at the hospital.
Umstodt attended Johnson’s autopsy and said a fired bullet was collected at that time and sent for testing.
Bullet casings and fragments were collected from a blue Chevrolet HHR that was parked next to the altercation between Phillips and Johnson.
Calissa Carper, a firearms examiner at the State Police Crime Lab, told Morris during her testimony those shots were fired from Phillips’ gun.
“The 9mm firearm, which was the service firearm of Cassie Johnson, did not fire any of the bullets that went into the HHR?” Morris asked Carper.
“That’s correct. They did not,” Carper responded.
During cross examination with Knapp, defense attorney John Sullivan questioned Knapp about who fired the first shot.
“The order that you find the evidence is simply the standard order that you found where the evidence was? It has nothing to do with the sequence of shots?” Sullivan said.
“That’s correct,” Knapp said.
The jury on Tuesday viewed body camera and dashboard camera footage from Officer Johnson and her police cruiser. Cell phone video provided by a Charleston resident at the scene showed Johnson unresponsive laying face down in the ground.
Wednesday’s testimony also revealed photo evidence of the handcuffs Phillips is accused of tossing across the street during his struggle with Johnson. The handcuffs were found on the opposite side of Garrison Avenue where Phillips and Johnson were standing.
A photo of the pack of blue pills found in Phillips’ jean pocket was also shown to the jury.
MetroNews Reporters Jake Flatley and Carrie Hodousek contributed to this story.