CHARLESTON, W.Va. — The 12-member jury in the Joshua Phillips murder trial will continue deliberations on Friday morning after the group deliberated Thursday afternoon for a few hours following closing arguments.
Phillips, 39, allegedly shot and killed Charleston Police Officer Cassie Johnson, 28, in a scuffle that began on Garrison Avenue in Charleston in the afternoon hours of Dec. 1, 2020. Johnson was there to answer a parking complaint. Phillips’ Dodge Durango was illegally parked while he went into a residence to buy pills.
Phillips faces a first-degree murder charge in the death of Johnson. He also faces a charge of drug possession with intent to deliver. Phillips decided not to testify on his behalf.
Kanawha County Assistant Prosecutor Don Morris told the jury in closing arguments that Johnson was simply doing her job when she became suspicious of what was happening in the house where Phillips had gone to get the drugs.
“She’s not stupid. She knew what was going on,” Morris said. “Why do you think it took so long for them to come to the door?”
Defense attorney Ronni Sheets, who presented closing arguments for close to an hour, said the death was not first-degree murder.
“It’s not a premeditated, deliberate, cold-blooded killing,” Sheets said.
Sheets added that it is “disingenuous” for the state to say Phillips always had the upper hand during the incident with Johnson. She said that Johnson was “the aggressor” and had control of the situation when she got her handcuffs out. During the altercation, Phillips threw Johnson’s handcuffs across the road.
Sheets told jury that Phillips was not premeditating the killing of Johnson if he asked her to turn on her body cam during the incident.
She referenced the moment on the body cam when Phillips asked Johnson to turn on her “go-pro.” Sheets continues to talk intent. @WVMetroNews
— Jake Flatley (@JakeFlatley) June 9, 2022
Morris said if the jury believed Phillips’ defense then they would mean anyone who is being handcuffed can kill a police officer. Phillips is claiming self-defense in the case.
“You don’t kill a 28-year-old police officer who was trying to do her job,” Morris said.
The jury viewed video evidence earlier in the trial that showed a chest-to-chest encounter between the two where Phillips held his hand on top of Johnson’s not allowing to reach her gun. Phillips had a gun in his waistband. The evidence showed he fired six shots, one of them striking Johnson in her neck, claiming her life. Johnson died two days after being shot.
Jury deliberation began around 3:45 p.m. Thursday and the jurors went home around 5:30 p.m.
MetroNews Reporter Carrie Hodousek reported from the courtroom on Thursday morning as both sides rested their cases. Thursday marked day four of the trial.
The state called it’s final witness in State Chief Medical Examiner Dr. Allen Mock.