Phillips v. State

39 So. 3d 296, 35 Fla. L. Weekly Supp. 256, 2010 Fla. LEXIS 717, 2010 WL 1904537
CourtSupreme Court of Florida
DecidedMay 13, 2010
DocketNo. SC08-1882
StatusPublished
Cited by29 cases

This text of 39 So. 3d 296 (Phillips v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Phillips v. State, 39 So. 3d 296, 35 Fla. L. Weekly Supp. 256, 2010 Fla. LEXIS 717, 2010 WL 1904537 (Fla. 2010).

Opinion

PER CURIAM.

This case is before the Court on appeal from a judgment of conviction of first-degree murder and a sentence of death.1 For the reasons explained below, we affirm Phillips’s conviction and sentence.

[299]*299BACKGROUND

The evidence presented at Phillips’s trial revealed that on the evening of October 18, 2005, Phillips entered the parking lot of the Builder’s First Source lumber yard (“Builder’s First”) with the intent to commit a robbery. Between 8:00 and 8:30 p.m., Phillips approached an employee of Builder’s First who had just finished his shift and asked him if the shift was getting off. The employee, Mr. Long, asked Phillips whom he was waiting for, but Phillips got aggravated and asked again if the shift was getting off. Mr. Long replied that, yes, the shift was getting off. Mr. Long then got in his vehicle and left.2

A few minutes later, between 8:80 and 8:45, Christopher Aligada and Wilbur Sweet finished working and headed for their vehicles in the Builder’s First parking lot. Mr. Sweet testified that he was cranking his truck with a screwdriver, and when he stepped back from the truck he saw a man, whom he later positively identified as Phillips, standing there with a gun. Phillips pointed the gun at Mr. Sweet and demanded money. At first, Mr. Sweet said he did not have any money. But in fact Mr. Sweet had $3,100 with him that day, which he intended to use to purchase a car for his son.3 When Phillips continued to point the gun at Mr. Sweet and demand money, Mr. Sweet put his hands up, and Phillips went into Mr. Sweet’s pocket and took his money and his wallet.

According to another employee who witnessed the events, when Phillips approached Mr. Sweet, Mr. Aligada began running towards them and yelling. The employee then heard two gun shots and saw Mr. Aligada fall to the ground. Mr. Sweet testified that as soon as Phillips removed the money from his pocket, Phillips turned and fired his gun two times. When Mr. Sweet saw that Phillips had shot Mr. Aligada, Mr. Sweet took off running, and Phillips began shooting at him. Phillips then jumped in Mr. Sweet’s vehicle and drove off.

Officers testified that Mr. Sweet’s abandoned vehicle was located in the middle of the road about a block away from Builder’s First. Subsequent testing of the vehicle revealed that DNA consistent with Phillips’s DNA was on the gearshift. Further, a DNA analyst testified that the possibility of finding someone in the population who had the same DNA profile as that found on the gearshift in Mr. Sweet’s truck was approximately one in two trillion Caucasians, one in 9.5 trillion African-Americans, and one in 6.1 trillion Southeastern Hispanics.4

A few weeks after the murder, Phillips admitted to his girlfriend, Katrina Joyce, that he robbed someone and shot someone who was trying to be a hero and stop the robbery. Phillips also told Ms. Joyce that the shooting happened in a parking lot. Ms. Joyce testified that she did not immediately contact the police, but sometime in March 2006 she called the Jacksonville Sheriffs Office and identified Phillips as someone who may have committed a crime. Ms. Joyce also agreed to meet with Phillips, ask him about what he told her, and allow the police to record the [300]*300conversation. Part of that recording, which was played for the jury at trial, related Phillips stating that he shot a person because “he interfered in something that didn’t concern him, he tried to play hero and prevent what was going on.” Therefore, Phillips continued, he put himself, as well as Phillips and other people, in danger. So “what happened to him had to happen. He got hit. He got shot.... And [he] wasn’t strong enough to survive.” Phillips also stated: “If I don’t shoot him, the possibility that me and the other dude got shot up, or guaranteed to go to prison the rest of our life.... He got shot twice. He tried — he got hit the first time — when you get shot the [first] time and still trying to play hero, you’re ready to go. You ready to go.” Joyce then asked Phillips if the man could have just walked away, and Phillips answered, that “[h]e could have laid his ass down or stayed where he was in his spot ... and lived to tell the story.” Joyce also asked Phillips what he. got out of all this and Phillips replied that he got some money, although he had to split it three ways and some of it got lost while he was running away.

Phillips also acknowledged to the police that he killed Mr. Aligada. In a videotaped recording, which was played for the jury, Phillips related the. details of the crime. Specifically, he stated that on the night of the murder he jumped the fence and entered the parking lot of Builder’s First near Mr. Sweet’s truck. He explained that he had seen Mr. Sweet around and knew that he kept a lot of money on him. He also knew where Mr. Sweet worked because he had followed him and discovered that he worked at the same place where Phillips was planning to get a job.5 After he jumped the fence, he waited by Mr. Sweet’s vehicle, between the vehicle and the fence where no one could see him. Then, after the parking lot began to clear, Phillips said maybe four or five people could see him but could not get a good look at him because he was in the shadows. Then, he said, “[t]his one guy in this f-..ing truck, he know who I am, he see me when I come from around the guy’s vehicle. [He starts yelling] hey so and so and so and so and so. Then the guy I’m with ... they done moved him. So I present my firearm.” Phillips said that as he went to pull his firearm, Mr. Aligada jumped out of his truck. Then, Mr. Sweet jumped into his truck and tried to pull away. Phillips then showed Mr. Sweet his firearm, and Mr. Sweet got back out of the truck. Phillips explained that Mr. Sweet was complying, but Mr. Aligada continued to approach; so he shot him.

Throughout the interview, Phillips related several reasons for shooting Mr. Aliga-da. He first said, “[I]t was an accident. He forced me.” He also stated that he knew Mr. Aligada and that he had spoken to him a few weeks before about a job. “[B]ut he put me in a situation to where I wanted to come out on top that I wouldn’t come out if I let him prevent me from getting away. I’m on foot so I couldn’t let him stop me. He put me in a situation,” he said. Phillips reasoned that Mr. Aliga-da did not have to get out of his truck, but yet he rushed up on Phillips and tried to grab his gun. He also claimed that it was an accident because he had no intention of shooting Mr. Aligada in the upper body, but Mr. Aligada grabbed for the firearm, so he couldn’t get there.

Phillips further stated that after the shooting he pulled away and went to a back road, but his getaway driver was [301]*301gone. Eventually, he caught up with the driver, the driver dropped him off, and Phillips went home. Phillips said that he left town the next day and traveled to either Carolina or Georgia and that the gun he used was gone because he dismantled it and “spread it all over a state.” The detectives repeatedly asked Phillips about accomplices or an “inside man,” but Phillips insisted he acted alone. “[M]y life is over. Why would I end somebody else’s life? I already took one life,” Phillips said. “[Tjhere’s no inside man. See, I’m going to accept full responsibility for everything.”

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Cite This Page — Counsel Stack

Bluebook (online)
39 So. 3d 296, 35 Fla. L. Weekly Supp. 256, 2010 Fla. LEXIS 717, 2010 WL 1904537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-state-fla-2010.