Here’s a formula you rarely find, even in the off-kilter world of crime:
A marijuana deal + a machete + two guns + three people shot = probation.
Yet that’s exactly how a case was resolved in Douglas County District Court this week, after victims were uncooperative and a judge took a chance on a teenage defendant who shot and wounded another teen.
Douglas County District Judge Timothy Burns sentenced Jamil Phillips, of Bellevue, to five years of probation for a failed marijuana deal in which Phillips and his co-defendants decided they didn’t want to pay for the pot. Phillips and another teen pulled out guns — and a near-deadly skirmish ensued.
“Mr. Phillips, I was not there that night,” Burns said. “But I know one thing: You shouldn’t have been there, either. … And if I thought you were there with a plan to shoot people, I would not be considering you for probation.”
Indeed, it doesn’t seem there was much of a plan in the early morning of June 20. Just after midnight, Phillips, then 17, Julio Roman, 18, and Roman’s cousin, Richard Orris, 25, traveled to meet Matthew Brenden, 18, and his girlfriend, Za’kari Glasgow, 17, to buy a small amount of marijuana, prosecutors say.
The parties met outside the closed-for-the-night Kroc Center, a Salvation Army facility near 28th and Y Streets that aims, among other things, to keep teens off the streets.
According to prosecutors:
Roman and Phillips were buying marijuana from Brenden and tried to stiff him.
Brenden told detectives that it was the other way around — that he went to buy marijuana from Roman and Phillips. He gave them the money — and they refused to give him the pot.
Either way, Brenden pulled out a machete and confronted them.
An altercation ensued — and Roman and Phillips pulled out guns.
In the course of the skirmish, Phillips shot Glasgow in the shoulder and accidentally shot himself in the hand.
Detectives allege that Roman shot Brenden twice in the torso.
Remarkably, both Brenden and Glasgow survived.
Douglas County Attorney Don Kleine noted that his office has handled several cases where “little marijuana deals” like this one turned into deadly robberies. Tyon Wells is awaiting sentencing for the February shooting death of Zachary Parker, 17. Wells was 14 when he killed Parker during a marijuana deal/robbery.
Three more teens were charged in the May 2017 slaying of Brandon White — a 21-year-old they were trying to rob during a marijuana deal outside McMillan Magnet Center.
“Many times, we end up with people who have died, and it started out as a little marijuana deal,” Kleine said. “The people who are involved in this case are very fortunate that somebody didn’t end up dead.”
Both gunmen had another stroke of fortune once the case reached court. After initially talking to police, prosecutors say, Brenden has declined to cooperate. At one point, he cut off police, telling them, “I’m not a snitch.”
That left prosecutors with little to go on — other than evidence that Phillips went to a Council Bluffs hospital to get treated for the self-inflicted shot to the hand.
In turn, Roman is under consideration for transfer to Young Adult Court — a diversion court that allows teens to avoid a record if they successfully complete the program.
And prosecutors reduced a first-degree assault charge against Phillips to second-degree assault — a felony punishable by up to 20 years in prison or five years of probation.
His attorney, Timothy Ashford, said Phillips, now 18, isn’t a gang member — unlike one teen in the case who claimed Lomas membership.
He said Phillips is a soft-spoken kid whose only other brush with trouble occurred when he was kicked out of Bellevue West High School for a fight. He transferred to Bellevue East and graduated in May 2018, Ashford said.
Ashford noted that Phillips could have claimed self-defense and fought the charge.
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“This thing went downhill very quickly,” Ashford said. “My client saw (Brenden) with a machete, and he felt that he was acting in self-defense.”
Burns said he wasn’t sure exactly how things unraveled that night. However, the judge noted that Phillips’ parents had attended every hearing — and that Phillips had no criminal record.
“This could have turned out even worse,” Burns said. “Someone could have been killed — and we wouldn’t be talking probation. We’d be talking about how many years you’d be spending in prison.”
Burns warned Phillips that he faces the original sentence — up to 20 years in prison — if he violates any terms of the probation over the next five years.
“Mr. Phillips, don’t let me down,” Burns said. “More importantly, don’t let yourself down.”
Notable Nebraska crime news of 2018
Some of the biggest Omaha-area crime stories for the year 2018.
Omaha crews replanted Memorial Park grass where a swastika was found. Read more
A pregnant woman was shot in the buttocks, one man was assaulted and another was robbed in Lincoln after online meetings went awry. Read more
A truck driver in a 2016 Interstate 80 crash that killed 6 was sentenced to 180 days in jail. Read more
An Omaha robbery victim says only reason he's alive is because the gunmen "missed." Read more
The Nebraska State Patrol seized 168 pounds of marijuana in separate traffic stops near Giltner. Read more
He was just walking to work at the Nebraska Furniture Mart — his daily hike to help provide for his wife and children. Out of nowhere, Jared Clawson, then 37, was ambushed by a man he didn’t know. Read more
A 54-year-old man faces three additional rape charges after officials say his DNA connected him to attacks on three different women years ago. Read more
JUNE 15: Anthony Garcia’s attorneys tried to establish that mental illness — fueled by his failure to live up to his parents’ expectations that he become a doctor — drove Garcia to four murders. The arguments came as the lawyers seek to keep Garcia from receiving the death penalty. READ MORE.
JUNE 6: Numerous changes have been made at the Omaha Police Department in the year since the in-custody death of Zachary Bearheels, who was shocked with a Taser a dozen times. Bearheels, a Native American, was bipolar and schizophrenic. READ MORE.
JUNE 5: The scene in downtown Omaha on Saturday night could have come straight out of a gangster movie. Rival gangs came upon each other on the Farnam Street sidewalk along Gene Leahy Mall, and someone from each gang started to fire. Jasmine Harris, 20, was fatally shot, seven others were injured and vehicles along Farnam Street were sprayed with bullets. READ MORE.
JUNE 19: A west Omaha man who sent prostitutes to strip on his neighbor’s porch was sentenced Monday to six years in prison for possessing child pornography. READ MORE.
APRIL 20: Kayviaun Nelson was shot at the Irvington Walmart Supercenter at 6304 N. 99th St. She had been involved in a dispute elsewhere in Omaha and “it came to a head” in the Walmart lot. Two have been arrested in connection with her death. READ MORE.
MAY 22: The Omaha man — 19 when he committed his crimes — had just told a judge that his life hit a turning point after he had sat in jail for the past seven months, thinking about his crime of helping another teen use an online dating service to lure seven men to be robbed. Then Judge Mark Ashford pronounced his sentence: 24 to 40 years in prison. READ MORE.
JUNE 22: A half-dozen people were involved in the half-baked scheme to bribe a juror who would help decide the fate of a double-murder defendant, Douglas County prosecutors say. READ MORE.
MAY 1: In a cold case that lasted 10 years from crime to conviction, it took just 10 minutes for Douglas County District Judge Thomas Otepka to sentence Charles Simmer, 34, to a life term for the Nov. 3, 2007, slaying of his aunt. READ MORE.
APRIL 26: Jacob Ford contended that he dropped his baby daughter and she hit her head on a crib railing and the floor. But prosecutors argued — and a judge agreed — that shaking and slamming were the causes of the massive brain damage that 7-week-old Skyler suffered. READ MORE.
APRIL 20: Judge Shelly Stratman estimated, conservatively, that the then-9-year-old boy was sexually assaulted about 52 times by a man he considered a father figure. It would have been easier to stay silent. But he spoke up. “He’s a very brave young man,” said Stratman. READ MORE.
APRIL 11: “I just enjoy killing. Simple as that.” In the days after he strangled an acquaintance, Airman 1st Class Rhianda Dillard, Wilsey poured out his thoughts, and his murderous ambitions, in the handwritten pages of his journal. READ MORE.
APRIL 9: A woman accused of driving drunk and causing a crash that killed a girl and injured the girl’s mother pleaded guilty to motor vehicle homicide and drunken driving/causing serious bodily injury. READ MORE.
JUNE 21: In one swipe, Christopher Wheeler forever changed Teresa Spagna’s life — leaving a “big scar” across her throat, and her psyche. Judge Shelly Stratman sentenced Wheeler to 30 days in jail, followed by five years of probation. Wheeler, who had no record, had faced up to 20 years in prison. READ MORE.
JUNE 5: Brandon Weathers is sentenced to 160-200 years in prison. For the vicious torture and rapes of four women in 2002 and 2004. For violating the sanctity of their homes, their bodies and their sense of security. For defying the law — with an assist from state prison officials — by refusing to submit a DNA sample. READ MORE.
MARCH 2: A judge had just lamented the turf war that claimed the life of 22-year-old Terrance Gunn. Then the feud spilled onto the judge’s turf. READ MORE.
MARCH 1: An Omaha man was convicted Thursday of three counts of first-degree murder and weapon use in the July 2012 deaths of a methamphetamine dealer and his teenage sons. READ MORE.
MARCH 1: Judge Shelly Stratman had sentenced defendants for horrible fatal crashes. Never had she seen a wreck where everyone survived but had such wildly different views of the crash’s impact. READ MORE.
FEB. 28: Every morning, Steven Edwards would text a friend 20 years his senior to make sure he was OK. Edwards also checked on homeless Native Americans and let people stay in his apartment, although he himself had little to spare. Amid his kindness, he was fatally stabbed and set on fire by his niece’s boyfriend, whom he let stay under his roof. READ MORE.
FEB. 21: A former Douglas County jailer at the center of a love-triangle killing will see the inside of a correctional facility from a new perspective. READ MORE.
FEB. 9: The now-17-year-old victim gave an ultimatum to Judge Duane Dougherty: Impose a sentence of 52 years. “If you give him anything less than (that), you are basically saying that you don’t care if it happens again,” the girl said. “You’re putting another person at risk of having to go through what I’ve gone through. And nobody should have to go through what I’ve gone through.” READ MORE.
MARCH 10: Three girls who looked to Lee Dunbar as a father were, instead, sexually assaulted by him. A jury decided as much in January. On Friday, Douglas County District Judge Marlon Polk sentenced Dunbar, a 67-year-old retired Omaha fire captain, to the minimum sentence of 15 years on each of the five first-degree sexual assault counts he had been convicted of. READ MORE.
JAN. 23: A gang member prosecutors describe as a “menace” was sentenced to life in prison for firing 10 shots at a rival gang member in the middle of the day — and instead killing Barbara Williams, 55, a grandma who had been chatting on a stoop. READ MORE.
JAN. 18: A man accused of fatally shooting an Army sergeant outside a bar stole his necklaces and later admitted to the shooting, a prosecutor said. Kyle LeFlore, 27, was shot in the chest at close range and died soon after being rushed to the hospital early Jan. 6. READ MORE.
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5 years Probation???? You have got to be kidding. You will see this evil bast*rd back very soon.
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