TYLER, Texas — Derek Phillips, the son of Smith County Clerk Karen Phillips and Smith County Pct. 3 Commissioner Terry Phillips, was found guilty of interfering with a March 2023 traffic stop and resisting arrest following a jury trial Thursday afternoon.
Derek Phillips, 37, of Tyler, was convicted of interfering with public duties and resisting arrest for his involvement in a March 28, 2023 traffic stop conducted by a Smith County deputy.
He was found not guilty of evading arrest. The jury of six people deliberated for just over an hour. The punishment phase of the trial will begin Friday morning.
At the start of the trial Wednesday, Derek Phillips pleaded not guilty to all three charges.
Arrest documents state Derek Phillips interfered with a traffic stop conducted by a Smith County Sheriff's Office deputy involving another man, Cody Voss, several times. The stop began when Voss was pulled over for his tail lights being out.
On Wednesday and Thursday, the jury viewed the body cam and dash cam footage from the night of the traffic stop. The video shows Derek Phillips yelling, cussing and walking toward the deputy who conducted the stop, Deputy Jonathan Peters, repeatedly.
While Voss was later detained, Derek Phillips yelled at Peters, "do you know the definition of a crime?"
As a deputy walked toward him, Derek Phillips ran into the house. When deputies tried to arrest him, he yelled and screamed claiming that the officers were hurting him and something about his glasses. While was getting arrested, he repeatedly shouted, "I've done nothing" and asked for the deputies' supervisor.
Prosecutor Daynah Fallwell said in closing statements that Derek Phillips retreated into the house because he knew he was interfering with the traffic stop, adding Derek Phillips' arrest was lawful.
Prosecutor Jeff Herrington argued not all speech is protected, such as speech that breaches the peace. He said Voss and Derek Phillips use traffic stops to create confrontations with police officers that they record on video as if they're in a reality show. Derek Phillips is the provoker and director of the show, and Voss was playing a role.
"It's time to cancel this show," Herrington said. "Our police officers should not be these criminals' punching bags."
The defense lawyer said Derek Phillips never assaulted the deputy because he only spoke.
The defense argued that consent was never given to allow the deputies to come into the Phillips' home. Derek Phillips said "come here" and the defense that doesn't equate to coming into the house. The lawyer told the jury there was no need for deputies to go in the home because no one had their life threatened.
The yelling and how Derek Phillips acted was just speech and not a criminal offense, the defense told the jury.
The defense said the deputies could've stopped what they were doing and gotten a warrant to be able to go into the home.
Peters said in the body cam video that Derek Phillips resisted arrest and the force used on him was minor. He just fell to the ground and the deputies yanked on his arms a bit to get him into handcuffs.
While discussing with deputies what happened, Peters said on the video he couldn't focus on the traffic stop for Voss because of Derek Phillips interjecting and yelling.
Karen Phillips is also charged with interfering with public duties in regards to the same traffic stop. Her trial is currently set for March 20. At one point, Karen Phillips is accused of grabbing a sheriff's deputy and pushing another deputy as these officers tried to arrest Derek Phillips after he ran into her home.
The prosecution called Voss to the witness stand. Voss said at the time of the March 28, 2023 traffic stop he had a valid Texas driver's license. But when questioned about whether or not Peters asked for his driver's license, Voss decided to plead the Fifth Amendment to avoid incriminating himself.
Voss currently has pending failure to identify and defective tail light charges that are set to go to trial on March 20.
Derek Phillips chose not to testify.