TYLER, Texas — Smith County Clerk Karen Phillips and her son Derek have been charged with interfering with public duties in connection with his arrest that began with another person's traffic stop last week.
She turned herself in to the Smith County Jail on Tuesday on accusations of interfering with her son's arrest on March 28, Smith County Sheriff's Office spokesperson Sgt. Larry Christian said.
Karen Phillips, 65, of Tyler, was booked into the Smith County Jail on Tuesday on a charge of interfering with public duties. She had a $1,000 bond and has now been released from the jail, records show. The charge is a class B misdemeanor.
Derek Phillips is accused of interfering with a traffic stop when deputies tried to pull another man, Cody Voss, over for having his tail lights out, Christian said.
A deputy attempted to pull over Voss' vehicle for the tail lights issue while driving on FM 14, but instead of stopping, Voss pulled into the Phillips' residence, Christian said.
Derek Phillips happened to be driving in front of Voss and Derek Phillips got involved with the traffic stop, Christian said, adding that Derek soon became belligerent and another deputy came to assist with the arrest.
The younger Phillips ran into the house and continued to resist arrest. While in the house, his mother interfered with his arrest, Christian said.
Derek was arrested on site on charges of resisting arrest, interfering with public duties and evading arrest. He has since bonded out of jail, according to online records.
Christian said a warrant was issued later for Karen. She is the wife of Pct. 3 Commissioner Terry Phillips.
Smith County District Attorney Jacob Putman said in a statement his office will recuse itself from the prosecution of Derek and Karen. A prosecutor from outside the county will be chosen to make sure there is no "hint of impropriety."
"While my office is responsible for prosecuting criminal cases occurring in Smith County, we are also responsible for representing Smith County as an organization. Smith County is managed by the Commissioner’s Court," Putman said in the statement. "Terry Phillips is the Commissioner for Precinct Three. Therefore, Commissioner Phillips is a current client of the Smith County District Attorney’s Office for certain matters."
Putman added that the prosecution of anyone, including the son and spouse of a commissioner, has to be done "above reproach and without a hint of political gamesmanship."
According to the Smith County website, the county clerk is responsible for record keeping for all official public records, which includes real property, vital statistics, civil, probate and criminal misdemeanor records.
The Texas Penal Code states a person commits interfering with public duties when they act with criminal negligence interrupting, disrupting, impeding or interfering with a peace officer's duties.