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Phillips v. State5/30/2003
John Kevin Phillips was paroled from prison on January 9, 1997. On the afternoon of the next day, he committed armed robbery at a store in downtown Anchorage. During this robbery, Phillips wounded one of the victims with a knife. Phillips then hired a cab to drive him to Palmer.
When Phillips got to Palmer, he stole the cab and started driving east on the Glenn Highway. A state trooper, Bruce Heck, spotted the cab and turned on his overhead lights, attempting to initiate a traffic stop. Phillips would not stop, so Heck followed him down the highway. The road surface was quite slick and, while Phillips was fleeing from the trooper, he drove the cab off the highway and into a ditch. Phillips then ran into the woods.
Trooper Heck followed Phillips into the woods and eventually caught him - for when Phillips was finally arrested, he had handcuffs fastened to his left wrist. However, during or immediately after Heck's struggle with Phillips, Heck died - either from being smothered or after suffering a heart arrhythmia.
Based on this series of events, Phillips was convicted of first-degree robbery, second-degree assault, first-degree vehicle theft, second-degree escape, and second-degree murder. He now appeals these convictions.
Phillips argues that his trial was unfair because the robbery and assault charges (the charges arising from the events in Anchorage) were joined with the vehicle theft, escape, and murder charges (the charges arising from the events in Palmer and further east on the Glenn Highway, near Glennallen). Phillips also argues that the jury was misinstructed on the law of causation, so they could not properly decide whether Phillips was criminally responsible for Trooper Heck's death. In addition, Phillips asserts that his trial was unfair because a large number of uniformed troopers and police officers attended the trial - implicitly informing the jury that the law enforcement community wanted to see the defendant convicted. Finally, Phillips argues that his sentence - 142 years in prison - is excessive.
For the reasons explained here, we affirm Phillips's convictions but we vacate his sentence and direct the superior court to re-sentence Phillips.
Underlying facts
Phillips was released on parole from the Spring Creek Correctional Center on January 9, 1997. He got a ride to Anchorage; the driver dropped him off at the Fifth Avenue Mall so that he could buy some tennis shoes.
While he was buying the shoes, Phillips asked the store clerk where he could purchase a wig. The clerk was unable to help Phillips, so Phillips left the mall and went across the street to a restaurant, Club Paris, where he asked a waitress if she knew where he could purchase a wig. The waitress directed Phillips to "Fashion Wigs", a store in the Northway Mall. Later that afternoon, Phillips purchased a black long-haired unisex wig at Fashion Wigs. Around 4:00 p.m., Phillips checked into the Comfort Inn using the alias "Johnny Raven".
The next afternoon (January 10, 1997), a little after 4:00, Phillips donned the black wig and entered the Army-Navy Store on Fourth Avenue, where he purchased a 12-inch "K-Bar" knife (a combat-style knife).
Shortly thereafter, Phillips entered Fifth Avenue Furs. This fur shop was owned by Roberto Cuautle. Both Cuautle and his daughter, Liliana Hernández, were working in the store that afternoon. Hernández was seven-months pregnant, and her two young daughters (a three-year-old and a five-year-old) were also in the shop.
Phillips chose this store because he believed that Cuautle's son, Manuel, owed him money. Both Phillips and Manuel Cuautle had
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