Judge rejects plea deal for David Phillips in aggravated assault-domestic violence case
Judge Gary Lee rejected a proposed plea deal on Monday for David Fiero Phillips, 47, who is accused of beating and strangling his estranged wife in front of their 5-year-old daughter on July 15.
The plea deal would have called for Phillips, who is charged with Class C felony aggravated assault-domestic violence, to be sentenced to one year in jail, with all suspended but 120 days, and to serve three years of supervised probation. Phillips also would have been required to complete a treatment program for domestic violence offenders and would not have been allowed to have contact with his wife or their minor child until after a judge in another state has made a ruling regarding his divorce proceedings.
Lee said he would not accept the plea deal based on what he had seen and read in the file and would instead put the case before Judge Stacy Louser, who had originally been assigned to preside over the case. Louser knows more about the file, he said.
According to a probable cause affidavit filed with the court, Phillips smothered the woman with a pillow for up to 30 seconds, strangled her with both hands for 30 to 45 seconds on at least two occasions, pulled her hair, hit her head against a wall and called her names. After the initial assault, Phillips picked the child up, carried her into a bedroom and told the woman he would take the child away from her. The woman followed him and he physically attacked her a second time with the child watching. At one point he made a verbal threat to kill her. The woman was able to get away and contact law enforcement. The woman had visible physical injuries following the incident and was treated at the Trinity Emergency Room.