Convicted Former Rosa's Manager Has Charges Modified By Judge

 

SAN ANGELO, TEXAS -- Former Rosa's manager, David Kent Phillips, 57, who pleaded guilty to the charge of Online Solicitation of a Minor: Under the age of 14 in March of this year, has been granted a Shock Probation. The modification to the charge allows Phillips to serve the remaining 3.5 years of his sentencing on probation. 

Back in March 2017, Judge Weatherby found Phillips guilty of his charge of Online Solicitation of a Minor: Under the Age of 14 after various witnesses and Phillips'  took the stand.  

During the March trial it was revealed that Sgt. Cole and several other investigators with the Tom Green County Sheriff's Office (TGCSO) were members of a team who searched for older adults soliciting minors at the time of Phillips’ offense. For this case, Cole and his team members posed as a female Craigslist member seeking a male with the following ad:

“Sub-SA. On break, WFM Grapecreek. What’s up, Craigslist? … HMU if you want, I’m in San Angelo.”

*WFM: Woman for Man / HMU: Hit Me Up

On December 21, 2016, a reply came. At around 2 p.m. on the 21st of December 2016, Phillips replied, “Older daddy looking for play toy …" 

In a later message sent from Phillips, he said “55, divorced daddy … I want to explore every inch of your body … if you’re not compliant I’ll have to give you a good spanking.” Further explicit details, such as wanting to use other private body parts, were revealed during the court proceedings.

The conversations between Phillips and the ‘young female’ were strictly done via Craigslist email for several hours on December 21, before the two parties moved to personal emails, recalled Sgt. Cole.

During his trial, Phillips said he was ashamed of himself and said the only reason why he committed this heinous offense was because in December of 2016 his life had fallen to pieces after divorcing his wife. 
However, based on the evidence submitted during the March trial, Judge Weatherby found David K. Phillips guilty of Online Solicitation of a Minor, a second degree felony and sentenced him to four years in prison.
For more details on the March court proceedings, please click here
 
According to court documents, it was reported that recently Judge Weatherby, in the presence of the State Attorney Meagan Wyatt and Defense Attorney John Sutton, ordered a Shock Probation on Phillips' charge. 
A Shock Probation is a policy used by judges  in which they order convicted offenders to a short time in prison and then suspend the remainder of the sentence in favor of probation. 
Court documents read that the "Defendant would not benefit from further imprisonment" and is therefore ordered, adjudged, and decreed that "further execution of Defendant s sentence is suspended." 
Phillips'  sentence has now been modified to show that his 4 years in prison,  have been suspended and probated for 8 years. Court documents claim that Phillips will be on probation, under community supervision, with specific terms yet to be determined by the court following an assessment. 
 

 

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Is this guys brain broke or what ? Trading a 4 year sentence for 8 years probation ? ? ? .... That's completely stupid !!!
He would have been home before the Christmas time due to good behavior and over crowding and the remainder of his sentence would go down as time served. Now he's got 8 years ahead of him walking on egg shells and even 7 1/2 years from now, any little thing can have that probation revoked and there he goes back to he hoosegow for that original 4 years.........

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