UPDATE (2:53 p.m.) Court has been dismissed for the day and will resume Thursday, June 9, 2022.
UPDATE (2:09 p.m.) Joshua Phillips has told Judge Bailey that he will not take the stand in his own defense.
UPDATE (1:46 p.m.) The defense has called its next witness to the stand is Dr. Andrew Walker, the general surgeon at CAMC who treated Phillips at the ER.
Walker says Phillips “coded” on the way to the operating room and was revived while being treated. He says this means, Phillips “flatlined” or had no detectable heartbeat or pulse before being revived. According to Walker Phillips had “several” injuries to his internal organs. The surgeon detailed the procedures used to treat Phillips’ injuries.
According to Walker, Phillips was still in critical condition following surgery and was transferred to CAMC General for further treatment.
UPDATE (1:30 p.m.) Court is back in session with Jacob Clendenin, a firefighter paramedic for the Charleston Police Department as the defense’s first witness. He responded to the scene where Phillips was found injured.
The state’s case is being temporarily paused until tomorrow, June 9, 2022, as a witness is not available until tomorrow. Judge Bailey says they are beginning the defense’s case to avoid losing half a day of court.
Clendenin spoke of the injuries Phillips received in the incident on Dec. 1, 2020. He says the patient was in “serious medical condition” and had severe injuries.
UPDATE (11:17 a.m.) Court is in recess until 1:30 p.m.
UPDATE (10:57 a.m.) Calissa Carper, a firearms examiner for the West Virginia State Police crime lab is called to the stand. She says she received to firearm submissions to the lab in this case, as well as fired cartridges and magazines for the firearms.
Carper says as part of her job, she fires the weapons in a secured area to collect known fired cartridge cases to compare to the cartridges found at the scene of an alleged shooting.
According to Carper the six 45-auto cartridge cases were all fired from the Remington submitted, and the three 9mm Luger cartridge cases were fired from the 9mm Glock pistol submitted.
Carper also examined the bullet removed from Officer Johnson and the three bullets found in the Chevy HHR, and determined they were fired from the Remington firearm. She adds that due to damage, she was not able to positively identify or eliminate the bullet removed from Phillips as coming from the Glock pistol submitted, but said it was consistent with that firearm.
UPDATE (9:25 a.m.) The state’s second witness is Sgt. Mike Knapp, who is with the Kanawha County Sheriff’s Office. He helped process the crime scene.
Knapp identified items of evidence through photographs from the scene to the court and the jury, including bullets, blood samples, a broken piece of Officer Johnson’s badge.
Photos also included pieces of Officer Johnson’s broken radio, handcuffs found on the opposite side of the road, another piece of the broken badge – still attached to Johnson’s outer vest in one photo – a Charleston police uniform shirt collected at CAMC that was “cut open through medical intervention and appears to have saturated blood along the top of it near the collar area” and views of the crime scene from different angles.
Knapp also identified photos as Johnson’s neck gator, worn for COVID-19 purposes, that was “saturated with blood,” and had multiple holes. He says these holes are from where the bullet traveled through the layers as the fabric was “scrunched up.”
Knapp says six bullet cartridges were collected at the scene, three of which were consistent with those Johnson carried.
The court also viewed photographs of a blue Chevy HHR that was in the driveway at the scene. Knapp says the vehicle was struck three times.
For its first witness on Wednesday, the state has called Dr. Richard Umstodt who testified about CPD Patrolman Cassie Johnson’s injuries and her death. He tended to Johnson’s injuries when she was brought into the emergency room.
CHARLESTON, WV (WOWK)—The trial for a man accused of killing a Charleston police officer continues at 9:00 a.m. on Wednesday with another witness for the state.
Opening arguments began on Monday in the trial of Joshua Phillips, and witnesses started taking the stand for the prosecution on Tuesday.
Also on Monday morning, the court chose 14 jurors, two of whom will be alternates.
Before the final selection was made from that group, the attorney for Joshua Phillips again made a motion for a change of venue, claiming he cannot get a fair trial due to the public’s familiarity with the case.
Judge Jennifer Bailey again denied that motion stating that it was not whether the jurors were aware of the case, but if they were able to remain impartial and render a verdict based on the evidence in court. Bailey says to make her decision, she used other cases from across the state where publicity and public knowledge and opinion have come into question of whether the defendant was able to receive a fair trial in the county where the case occurred.
Phillips is accused of shooting and killing CPD Patrolman Cassie Johnson in December 2020. Johnson was shot in the line of duty while responding to a parking complaint on Dec. 1, 2020, and died of her injuries on Dec. 3, 2020.
Phillips’ trial was previously scheduled to start back in March 2022, however, Judge Jennifer Bailey said at that time there were not enough jurors available to begin the trial. Judge Bailey also ruled that the case will remain in Kanawha County following a change of venue request from the defense.