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Austin Svehla

@austin_svehla

Covering crime, courts and breaking news for @NorfolkNews. @waynestcollege alum. Tips: [email protected].

calendar_today08-07-2013 04:04:38

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Today is the fifth day of David Phillips Jr.’s second-degree murder trial in Cedar County District Court.

Not sure how the day will play out, but there’s a good chance the jury will hear closing arguments and begin deliberating.

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Phillips is testifying in his own defense. When he and Israel Matos-Colon were arguing on March 1, 2023, Phillips said he felt as though Matos-Colon was going to cause him serious bodily harm. So Phillips started firing his gun “to get him away from me.”

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“I was just shooting him to try to get him away from me,” Phillips said. “I had no intention on hitting him.”

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We’re in recess for lunch. Phillips testified for nearly three hours, and the defense indicated it would rest its case after lunch. Prosecutors likely will call at least one rebuttal witness.

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The state called two rebuttal witnesses, and the judge has since gone over jury instructions with attorneys.

Closing arguments are next.

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The judge said jurors will deliberate until 7 p.m. If they don’t have a verdict by then, they’ll return Monday morning.

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The jury was handed the case for deliberation at 4:35 p.m. If they don’t have a verdict by 7, they’ll come back at 9 a.m. Monday. Phillips has waived sequestration, so the jury will be free to part ways for the weekend if they don’t have a verdict tonight.

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