TYLER, Texas — Jurors on Wednesday saw body cam video and heard from the deputy who conducted the traffic stop that Derek Phillips is accused of interfering with on March 28, 2023.
He is the son of Smith County Clerk Karen Phillips and Smith County Pct. 3 Commissioner Terry Phillips. His trial began Wednesday in the Smith County Court at Law No. 3.
Derek Phillips, 37, of Tyler, is charged with interfering with public duties, resisting arrest and evading arrest in connection with accusations of interfering with a March 28, 2023 traffic stop. He pleaded not guilty to all three charges. His mother Smith County Clerk 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.
Documents allege Derek Phillips interfered with a traffic stop conducted by a Smith County Sheriff's Office deputy involving another man, Cody Voss, several times. At one point, Karen Phillips grabbed a sheriff's deputy and pushed another deputy as these officers tried to arrest Derek Phillips after he ran into her home.
In opening statements, the prosecution said this case is simple. The lawyer said the deputy saw that Voss' tail lights were out on the night of March 28, 2023 and he had every right to pull Voss over for violating the law. The deputy's only intention was to tell Voss that his tail lights were out and likely give Voss a warning.
When the deputy approached Voss' vehicle about the tail lights, things started to go south. Voss refused to give his identification. Voss believes the Texas transportation laws don't apply to him, the state told the jury.
The lawyer said the situation escalated because of Voss and Derek Phillips getting involved in a "nonsensical" manner. Voss and Derek Phillips believe a pickup truck is not considered a motor vehicle, the state added.
Derek Phillips started yelling and cussing at the deputy and telling Voss what to do, the state said. Derek Phillips was encouraging Voss to not obey the deputy.
Derek Phillips told the deputies they would have come to him if they wanted to talk, and he fled into his home and the deputies followed to arrest him, the prosecution said. The state asked the jury to find Derek Phillips guilty of all charges.
The defense said the deputy asked Voss about his license, but the law at the time didn't require those stopped by officers to give their license, just their name. Voss was then detained for failing to identify himself, and Derek Phillips stepped in to help Voss.
While at the scene, Derek Phillips told deputies he didn't have weapons and he didn't come at the officers, the defense said.
The defense argued that Derek Phillips did not resist arrest. The lawyer asked the jury to watch the video and listen to the evidence.
The lawyer said this case never should have happened because there was no failure to identify. The defense asked the jury to find Derek Phillips not guilty on all three charges.
Smith County Deputy Jonathan Peters testified he was the officer who pulled Voss' vehicle for a tail light outage. The vehicle continued down a county road off FM 14 and stopped at a residence.
Peters testified he was clearly identified as a Smith County deputy and he was wearing his body cam at the time. Both the in-car camera and body cam recorded video of the incident.
The state then played the dash cam video and body cam footage from the night of the traffic stop. Peters testified the beginning was Peters attempting to get identification of Voss after pulling him for defective tail lights, but Voss would not identify himself.
During the traffic stop, Voss and Derek Phillips argued with the deputy over terms of driving versus traveling. Peters informed Voss that he violated a traffic law due to his tail lights being out. In the video, Voss could be heard saying he does not have to follow the Texas traffic laws.
Claiming to be a concerned citizen, Derek Phillips can be heard accusing Peters of lying.
Peters then detained Voss for failure to identify himself and told him that he is not under arrest. Derek Phillips continued to yell and also cuss at Peters. Derek Phillips shouted at "you're fired" at Peters multiple times.
Derek Phillips yelled expletives at Peters. Derek Phillips ran into the house and Peters followed after him. Derek Phillips shouted and claimed the deputy was hurting or kidnapping him as he was getting detained. He yelled that he had done nothing as he was getting placed into the patrol vehicle.
Peters testified he did not know Derek Phillips or Voss and he did not know whose house he stopped at.
When Derek Phillips went to grab a dictionary from his car, Peters was uneasy of what he could've brought back, such as a weapon.
Peters testified he didn't know if Derek Phillips would bring back a weapon from the house he ran into. Derek Phillips ran into a bedroom and put himself in a position to avoid being handcuffed.
Peters' supervisor later came to the scene, and the supervisor, who was aware of who Derek Phillips was, told Peters to treat the situation as he would for any other person. One of the other deputies who responded sustained minor injuries to his arm, Peters testified.
Peters told the defense that in his police report both Voss and Derek Phillips approached him yelling. The defense played the dash cam video back, and at the beginning of the traffic stop, Peters agreed with the defense that Voss and Derek Phillips were calm and not yelling.
Peters asked Voss for a driver's license or a form of identification multiple times. The defense pointed out the law at the time did not require a form of identification or driver's license for a person to identify themselves. Peters said to his knowledge a person driving a motor vehicle must present a driver's license.
Voss did not provide his name or date of birth during the traffic stop, and Peters never asked for Voss' name or birth date, Peters testified.
Peters agreed with the defense that Derek Phillips didn't get upset until Voss was detained in handcuffs. The defense noted that Voss was left alone when he was detained while deputies went after Derek Phillips.
Peters testified deputies pursued Derek Phillips based on his hostility toward the deputies.
Peters told the defense he was not aware of someone taking and throwing Derek Phillips' glasses. The deputy was also not of aware of Derek Phillips being "legally blind without his glasses."
Peters said he spoke with another deputy about charging Derek Phillips with criminal offenses. Peters testified Derek Phillips resisted arrest by putting his hands under his torso and he also resisted transport into the patrol vehicle.
The jury has been dismissed until 9:30 a.m. Thursday.