UPDATE 3:30 p.m. Thursday Jury deliberations have begun.
CHARLESTON, W.Va. — Both sides have rested their cases as the jury begins to hear closing arguments in the trial of a man accused of murdering a Charleston police officer.
WVRJA
The state called it’s final witness Thursday morning who testified about the cause of death for Patrolman Cassie Johnson.
Joshua Phillips, 39, faces first degree murder in Johnson’s death. Johnson died two days after being shot on Dec. 1, 2020 while responding to a parking complaint on Garrison Avenue. She approached Phillips about moving his red Dodge Durango before the two exchanged gun fire.
State Chief Medical Examiner Dr. Allen Mock testified that Johnson’s manner of death was homicide and her cause of death was from a gunshot wound that caused significant bleeding and damage to her spinal cord. A bullet was found wedged in her neck.
“The spinal cord itself was torn. There was a few fibers still remaining, but it was all a consequence of this gunshot wound causing bleeding and damage to the spinal cord,” Mock said.
State Chief Medical Examiner Dr. Allen Mock testifies Officer Johnson’s manor of death was homicide and cause of death was a gunshot would causing bleeding/significant damage to the spinal cord. pic.twitter.com/XdeP1buRDF
— Carrie Hodousek (@CarrieHodousek) June 9, 2022
Mock noted Johnson was 28 years old at the time of her death and she was an organ donor.
The state and the defense then rested their cases and began discussing jury instructions with Judge Jennifer Bailey.
Phillips’ attorney John Sullivan said the jury should know Johnson was “the first aggressor” and that his client feared for his life.
“He said ‘I know you’re going to shoot me.’ That indicates a fear of being shot or being killed,” Sullivan said.
Sullivan said it should also be noted that it was Johnson’s actions that resulted in gunfire.
“The gun did not start this event, it got brought into the middle of it,” he said.
Sullivan said once the case is in the jury’s hands, “the jury is going to be the fact finders.”
On the murder charge, Sullivan said there is no proof of premeditation. Kanawha County Assistant Prosecutor Don Morris argued Phillips didn’t want to be arrested, so he acted out.
“It wasn’t fear of being shot, it was a fear of going to jail. I think the jury has all that evidence and can make that determination,” Morris said.
Phillips also faces a drug possession charge with intent to deliver. Sullivan said there’s no evidence Phillips was a drug dealer. Evidence throughout the trial showed 63 Klonopin pills found in his pants pocket.
Morris said there’s a reason why Phillips had so many pills.
“He intended to deliver those pills or he wouldn’t have bought such an amount for that much money. You have to look at all the circumstances here and I think the jury has enough,” he said.
Closing arguments started Thursday afternoon.
Closing arguments are underway in the Joshua Phillips murder trial. He’s charged in the 2020 shooting death of Charleston Police Officer Cassie Johnson.
Michelle Drummond (pictured) up first for the state. @WVMetroNews @580WCHS pic.twitter.com/DOXwK2XGwl
— Jake Flatley (@JakeFlatley) June 9, 2022