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Jury finds Smith County clerk guilty of interfering with son's arrest

She pleaded not guilty at the beginning of the trial. The charge of interfering with public duties stems from a March 2023 traffic stop involving her son Derek.

TYLER, Texas — Smith County Clerk Karen Phillips has been found guilty of interfering with her son Derek Phillips' arrest in March 2023.

The jury’s verdict came down Thursday afternoon after about two days of trial in the Smith County Court at Law No. 2. She pleaded not guilty at the beginning of the trial.

Jurors began deliberating around 4:40 p.m. and deliberations lasted approximately 40 minutes. The sentencing phase will begin June 14 after the judge ordered a pre-sentencing investigation. 

Interfering with public duties is a Class B misdemeanor, meaning she faces up to 180 days in jail and a $2,000 fine. 

The charge of interfering with public duties stemmed from a March 28, 2023 traffic stop that began when her son Derek Phillips confronted the deputy conducting the stop for another man, Cody Voss’, tail lights being out.

Credit: Smith County Jail Records

In March, Derek Phillips was sentenced to 30 days in county jail and 18 months of probation with 100 community service hours for interfering with public duties and resisting arrest. 

Documents say Karen Phillips grabbed a sheriff's deputy and pushed another deputy as these officers tried to arrest her son after he ran into her home.

In closing arguments, the state told the jury a lot of interference happened on March 28, 2023. Karen Phillips came toward the deputies multiple times, and it happened really fast. But the state said bad things often happen quickly. 

She repeatedly got in between the deputies and her son, no matter what form of touch (tap or poke) it was, the prosecution said.

The defense said the jury only had to determine if she committed interfering with public duties by reaching behind Smith County deputies.

All Karen Phillips did was let deputies know that Derek Phillips needed his glasses, the defense said. She wasn’t attempting to stop law enforcement from arresting her son. 

Karen Phillips, who has been in this community all her life, never had any trouble or been charged with a criminal offense, the defense said. 

The defense said there’s a lot of doubt in this situation, and the lawyer asked jurors to find her not guilty.

The prosecution called the evidence against Karen Phillips overwhelming. 

This is an important Class B misdemeanor case because it shows whether or not law enforcement officers are supported depending on the verdict, the prosecution told the jury. Anything short of a guilty verdict is saying the law does not apply, the state said.

On Thursday, Karen Phillips took the stand to say she didn’t commit a criminal act and she was acting as a concerned mother that night. 

On March 28, 2023, she recalled going outside to ask the deputy what was happening, and then she turned around and went into the garage area.

Karen Phillips said she didn’t agree with what Derek Phillips was shouting during the traffic stop, but he is a grown man. She testified that she felt the need to record video on her phone while she stood in the garage. 

She said Smith County Deputy Riley Rugg and Derek Phillips went back and forth, saying to each other “you come here.” Karen Phillips said Rugg entered her house within 32 seconds of arriving at the scene.

Karen Phillips testified that she was in shock when deputies came into her home. She said she never once got in the way of the deputies.

She can be heard in the video shouting about her son’s glasses. Karen Phillips testified she was adamantly trying to get Derek Phillips his glasses because he’s legally blind without them.

“I was completely stressed out that night. I have asked the Lord to forgive me because that’s not the language that I use,” she testified regarding what was said in the body cam video. 

She said she also apologized to her co-workers for her actions.

She originally thought she poked Smith County Deputy Jonathan Peters four times, which is what she wrote in her federal lawsuit against Smith County and the involved deputies. But after watching the video, she realized that it was a tap. 

“Any mother would have done what I did to get their child’s glasses,” she said. “I don’t think I should be called a criminal.”

Karen Phillips agreed elected officials should be held accountable for a criminal act, but she believes she didn’t commit a criminal act.

The first thing that Derek Phillips asked for was his phone one second before he asked for his glasses, she said. 

She testified that she doesn’t think she mistreated the officer. One of the deputies almost struck her when they were arresting Derek Phillips, she said.

The state asked Karen Phillips to read a statement she made in April 2023 saying that she interrupted an officer and asked if only males are arrested for interference of duties.

Following a bit of back and forth with the prosecution, she read the statement from her phone and a similar statement that was made under oath. 

When shown photos of that night, Karen Phillips testified her arm was on her son’s while deputies were arresting him. 

She testified there’s case law that says people have a right to question an officer. 

Karen Phillips was the defense’s only witnesses that showed up to testify. 

The defense called Rugg, who is listed as one of the complainants in the indictment, but he did not show up. The state previously said in court he was not a Texas resident anymore.

Smith County Sheriff’s Office Detective Phillip Grenade testified after reviewing evidence, he believed Karen Phillips committed the offense of interfering with public duties based on watching the body cam video of the traffic stop. 

He wrote up an arrest affidavit for a judge, who then signed a warrant for her arrest. Grenade learned of a TikTok video from Karen Phillips’ perspective and put together an affidavit to get a search warrant for Karen Phillips’ phone.

Then, the sheriff’s office arrested her and administered the search warrant on her phone. 

In his report, Grenade said Karen Phillips put her hand out to impede Peters, but he later told the defense he didn’t know what her intentions were.

Peters testified that his sole focus that night was getting Derek Phillips and Voss in a patrol vehicle.

Peters said Karen Phillips did interfere with what he was trying to do. The state showed video that was recorded from Karen Phillips’ perspective. 

In that video, she can heard saying “get out of my house” as deputies are arresting her son inside of her home. She also said, “These idiots are arresting you for some stupid (expletive).”

Peters said he had to tell Karen Phillips to get back more than once.

Derek Phillips was shouting as deputies had him detained outside of the house. While the deputies moved him to a patrol vehicle, a deputy yelled, “ma’am step back” and she responded by saying, “shut up, you idiots.”

Peters testified that Karen Phillips continued to follow the deputies after her son’s arrest. At that point, deputies were more concerned about her safety. EMS was called to check on her health.

While questioned by the defense, Peters said Karen Phillips and Voss were filming and making statements while deputies tried to arrest Derek Phillips.

Peters testified he didn’t know what their intentions were. She approached the deputies going back and forth, and she was told multiple times to get back from her son and the deputies.

Peters said he had to direct his attention toward her and away from Voss and Derek Phillips.

Peters said he did not discuss charging Karen Phillips with interfering with public duties that night; she was arrested seven days later. A warrant was issued on April 4.

Peters told the jury he went into the house because he wasn’t sure if Derek Phillips could’ve gone in to grab a weapon and was concerned for safety. 

The defense pointed out how Peters left Voss alone outside to go inside the home to go after Derek Phillips. Peters agreed with the defense that was a mistake.

While escorting Derek Phillips, Peters wrote he had to redirect his attention to Voss and Karen Phillips. Redirecting attention is a part of interfering with public duties, Peters testified.

The defense showed photos of Derek Phillips’ arrest. Peters said Karen Phillips was not getting in the way in those photos but he recalled having to tell her to back away. 

Peters agreed Karen Phillips pointed toward him and tapped him on the shoulder, and the video shown did not include a poke.

The state briefly brought up a TikTok account called “Thin Blue Line Accountability” that is believed to be run by Derek Phillips; however, they did not show videos from that account to the jury.

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