Jury finds Louisiana man guilty of manslaughter

HARTINGTON – Jurors deliberated for more than two hours Friday evening and found a Louisiana man guilty of manslaughter.

David Phillips Jr., 22, was accused of second-degree murder but the jury did not find his actions reached that level, instead finding him guilty of manslaughter in the death of Israel Matos-Colon, 31, at a Hartington worksite March 1, 2023.

Instead of a potential sentence of life in prison, Phillips now faces a sentence range up to 20 years.

The jury found Phillips not guilty of use of a firearm to commit a felony and not guilty of possession of a stolen firearm after a trial that lasted five days.

Sentencing was set for July 22.

The defense argued the shooting was unintentional and in self defense as the two men had quarreled twice that morning and it turning physical was imminent.

In the final day of testimony Friday, Phillips took the stand and told his version of the events that left him in handcuffs and another man dead.

In a soft-spoken Louisiana drawl, Phillips said he held a Glock semiautomatic handgun loosely and shot around Matos-Colon - not at him. He stood up from the witness stand and gestured with his hand resembling a gun to demonstrate the manner in which he fired at least six rapid- succession shots.

Phillips maintained the shooting was self-defense, that during the argument Matos-Colon was threatening to physically harm him and Phillips was in a location where he couldn’t easily escape.

Matos-Colon died from gunshots wounds in the torso and leg.

Prior witnesses said the two were arguing over climbing the tower together that day.

“It’s difficult for him to speak in front of people,” said Todd Lancaster, Phillips’ lawyer with the Nebraska Public Advocacy Commission. “It took a lot of courage for him to do that but I thought we had to put him on the stand to tell his side of the story. You didn’t get that with all the other evidence. I thought he came across very believable and honest and I think the jury thought the same thing.”

Phillips said prior confrontations with Matos- Colon on other worksites put him on edge.

At 20 years old, Phillips was the youngest person on the job and also held the smallest physical stature.

Prosecutors with the Nebraska Attorney General’s Office said it was not reasonable to be afraid of someone just because they are a few inches taller.

“If he truly wanted to scare him, he would’ve shot at the air or shot at the ground, not point a handgun in the direction of Mr. Matos-Colon,” said Mariah Nickel.

Perhaps it was Phillips’ actions after the shooting that made the most impact with the jury, Lancaster said.

Does a man who intends to kill lead first responders to the victim? Does a man who intends to kill immediately give up his weapon when asked by law enforcement? Lancaster asked jurors in his closing statement.

Law enforcement arrived on scene in a matter of minutes.

“David didn’t have time to think about, what am I going to say? What’s my story?’” Lancaster said.

Instead, he puts his hands up, surrenders to law enforcement, and tells them, “We were fighting. It was self defense. He didn’t want Mr. Matos-Colon to die.”

The jury was handed the case at 4:35 p.m. Friday and deliberated until 7 p.m.