Guin Richie Phillips
Encyclopedia
Guin "Richie" Phillips was a 36-year-old gay
man in Elizabethtown, Kentucky
. Phillips disappeared on June 17, 2003. His body was found on June 25, 2003, in a suitcase in Rough River Lake
.
, with a friend later identified by investigators as 21-year-old Joshua Cottrell. Several days later, his truck and other belongings were found abandoned in southern Indiana
. A witness later told police she saw Phillips and Cottrell together in Phillips's truck the same day. That was the last time Phillips was seen alive.
Phillips's mother – Marge Phillips – reported her son missing and told police she feared he had been harmed because he was gay.
, unzipped it and found Phillips's body inside. Phillips was identified by personal items found with the body and a Wildcat
tattoo
on the shoulder.
On Friday, June 27, 2003, Cottrell, an acquaintance of Phillips's, was arrested and charged with Phillips's murder. Prosecutors announced that they would seek the death penalty in the case.
Courthouse, where he pleaded not guilty to charges of murdering Phillips. He was then held on $500,000 bond.
In October 2003 Cottrell's trial was moved to Hardin County
based on forensic evidence that showed Phillips was most likely killed in Cottrell's Elizabethtown
hotel room. The change in jurisdiction delayed the start of the trial.
A canceled check introduced into evidence showed that Cottrell purchased the suitcase six days before the murder. Drops of Phillips' blood were found on the bathroom tiles in the hotel. Cottrell's DNA
was also found on a cigarette in Cottrell's truck. Previously, investigators were unsure whether Phillips had been killed at Rough River Lake
, where his body was found, or elsewhere.
In May 2004, the trial was further delayed when Judge Henry Bland ordered a continuance after Cottrell's defense attorney filed new discovery documents. The trial got under way in January 2005, at the Hardin County
courthouse.
J. C. Penney
. Cottrell told Dewitt that he was planning to travel. Dewitt testified in court that he told Cottrell that Phillips was attracted to him, and that Cottrell said he would "cold-cock" Phillips if he ever made a pass at him. Dewitt also testified that he had never seen Phillips act in an aggressive manner.
Cottrell's aunt – Wendy McAnly – testified that Cottrell confessed to the crime more than a week earlier, but his family didn't believe him. Cottrell's aunt and cousin testified that he had planned to kill Phillips because he was gay, and had lured Phillips into his hotel room where he hit and strangled him.
McAnly said that Cottrell invited Phillips to his Elizabethtown
motel room. When Phillips arrived, Cottrell asked if Phillips liked him without his shirt, and when Phillips said yes and touched him, Cottrell put him in a headlock and choked him.
Cottrell's cousin – Tara Gaddie – testified that arrived at her home in Phillips' truck after disposing of his body in Rough River Lake
, and answered "He's gone. He's dead," when she asked him what he'd done. Gaddie also said she never heard Cottrell talk about strangling Phillips or use derogatory terms to describe him.
looking for a job, Phillips came into his motel room uninvited, tried to kiss him, and attempted to force him into oral sex
. Cottrell then put Phillips in a headlock, pulled him to the floor and "started hitting him as hard as I could, as many times as I could."
When he realized Phillips was dead, Cottrell says he panicked and put his body into the suitcase, which he said in court he'd brought to haul his belongings as he drifted between motel rooms and friends' houses.
, arguing that Phillips's own actions "led to a chain of events that caused his death, " and that Cottrell was within his rights under Kentucky
law to fight back to protect himself from being raped, including use of deadly force
if necessary. "But what set it all in motion, he was privileged to do," Drabenstadt said. "What set it in motion were the actions of a 36-year-old man."
Drabestadt may have been referring to a Kentucky "stand-your-ground" law permitting people to use deadly force
to protect themselves against death, serious physical injury, kidnapping, and forced sexual intercourse. In February 2001, Kentucky Representative Bob Damron sponsored a bill that would have added "deviant sexual intercourse" to the existing law. The Kentucky House Judiciary Committee amended the measure to replace "deviant sexual intercourse" with "forced sodomy," and clarify its definitions of "force," "threat," and "attempt."
Prosecuting attorney Chris Shaw argued in closing that Cottrell lured Phillips to his room in order to kill him, and then attempted to cover it up in a cold, calculated manner. Shaw added that Phillips's sexual orientation
was immaterial in the case, except for Cottrell's "steaming anger" toward gay
men. Shaw said that if Phillips made sexual advances Cottrell should have walked away.
, reckless homicide, or manslaughter
. The jury rejected the murder charge and instead found Cottrell guilty of second degree manslaughter, theft by taking of more than 300 dollars, and tampering with physical evidence.
Cottrell was sentenced on March 1, 2005. The jury recommended Cottrell be sentenced to 30 years; 20 for manslaughter, and another ten for theft and tampering with evidence. However, state law limited the judge to sentencing Cottrell to a maximum of 20 years.
In Kentucky, committing a crime against someone because of the victim's sexual orientation is considered a hate crime
. At sentencing, a judge may deny probation
or parole
if it is determined that the victim's race, color
, national origin, sexual orientation
, or religion
was a "primary factor" in committing the offense. The prosecution in Cottrell's case did not pursue hate crime
charges against him.
Neither the defense nor the victim's family had immediate comment on the verdict or sentencing. One month later Greg Phillips, the victim's brother, told The Advocate
, "I think they were looking at my brother being a homosexual when they made their decision to pick the lesser charge."
Cottrell was eligible for parole
in July, 2007—2½ years after his conviction.
Gay
Gay is a word that refers to a homosexual person, especially a homosexual male. For homosexual women the specific term is "lesbian"....
man in Elizabethtown, Kentucky
Elizabethtown, Kentucky
Elizabethtown is a city in and the county seat of Hardin County, Kentucky, United States. The population was 28,531 at the 2010 census, making it the eleventh-largest city in the state...
. Phillips disappeared on June 17, 2003. His body was found on June 25, 2003, in a suitcase in Rough River Lake
Rough River Lake
Rough River Lake is a reservoir in Breckinridge, Grayson, and Hardin counties in Kentucky. It was impounded from the Rough River in 1959 by the United States Army Corps of Engineers. It is the primary attraction of Rough River Dam State Resort Park....
.
Background
On June 17, 2003, Phillips was seen having lunch at a restaurant in Elizabethtown, KentuckyElizabethtown, Kentucky
Elizabethtown is a city in and the county seat of Hardin County, Kentucky, United States. The population was 28,531 at the 2010 census, making it the eleventh-largest city in the state...
, with a friend later identified by investigators as 21-year-old Joshua Cottrell. Several days later, his truck and other belongings were found abandoned in southern Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
. A witness later told police she saw Phillips and Cottrell together in Phillips's truck the same day. That was the last time Phillips was seen alive.
Phillips's mother – Marge Phillips – reported her son missing and told police she feared he had been harmed because he was gay.
Discovery & arrest
On Wednesday, June 25, 2003, two fishermen pulled a suitcase out of Rough River LakeRough River Lake
Rough River Lake is a reservoir in Breckinridge, Grayson, and Hardin counties in Kentucky. It was impounded from the Rough River in 1959 by the United States Army Corps of Engineers. It is the primary attraction of Rough River Dam State Resort Park....
, unzipped it and found Phillips's body inside. Phillips was identified by personal items found with the body and a Wildcat
Wildcat
Wildcat is a small felid native to Europe, the western part of Asia, and Africa.-Animals:Wildcat may also refer to members of the genus Lynx:...
tattoo
Tattoo
A tattoo is made by inserting indelible ink into the dermis layer of the skin to change the pigment. Tattoos on humans are a type of body modification, and tattoos on other animals are most commonly used for identification purposes...
on the shoulder.
On Friday, June 27, 2003, Cottrell, an acquaintance of Phillips's, was arrested and charged with Phillips's murder. Prosecutors announced that they would seek the death penalty in the case.
Trial & testimony
Cottrell was arraigned on June 28, 2005, at the Breckinridge CountyBreckinridge County, Kentucky
As of the census of 2000, there were 18,648 people, 7,324 households, and 5,309 families residing in the county. The population density was . There were 9,890 housing units at an average density of...
Courthouse, where he pleaded not guilty to charges of murdering Phillips. He was then held on $500,000 bond.
In October 2003 Cottrell's trial was moved to Hardin County
Hardin County, Kentucky
As of the census of 2000, there were 94,174 people, 34,497 households, and 25,355 families residing in the county. The population density was . There were 37,673 housing units at an average density of...
based on forensic evidence that showed Phillips was most likely killed in Cottrell's Elizabethtown
Elizabethtown, Kentucky
Elizabethtown is a city in and the county seat of Hardin County, Kentucky, United States. The population was 28,531 at the 2010 census, making it the eleventh-largest city in the state...
hotel room. The change in jurisdiction delayed the start of the trial.
A canceled check introduced into evidence showed that Cottrell purchased the suitcase six days before the murder. Drops of Phillips' blood were found on the bathroom tiles in the hotel. Cottrell's DNA
DNA
Deoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
was also found on a cigarette in Cottrell's truck. Previously, investigators were unsure whether Phillips had been killed at Rough River Lake
Rough River Lake
Rough River Lake is a reservoir in Breckinridge, Grayson, and Hardin counties in Kentucky. It was impounded from the Rough River in 1959 by the United States Army Corps of Engineers. It is the primary attraction of Rough River Dam State Resort Park....
, where his body was found, or elsewhere.
In May 2004, the trial was further delayed when Judge Henry Bland ordered a continuance after Cottrell's defense attorney filed new discovery documents. The trial got under way in January 2005, at the Hardin County
Hardin County, Kentucky
As of the census of 2000, there were 94,174 people, 34,497 households, and 25,355 families residing in the county. The population density was . There were 37,673 housing units at an average density of...
courthouse.
Friend & family testify
Rob Dewitt, a friend who introduced Phillips to Cottrell three years earlier said that Cottrell bought a set of luggage at the ElizabethtownElizabethtown, Kentucky
Elizabethtown is a city in and the county seat of Hardin County, Kentucky, United States. The population was 28,531 at the 2010 census, making it the eleventh-largest city in the state...
J. C. Penney
J. C. Penney
-External links:*...
. Cottrell told Dewitt that he was planning to travel. Dewitt testified in court that he told Cottrell that Phillips was attracted to him, and that Cottrell said he would "cold-cock" Phillips if he ever made a pass at him. Dewitt also testified that he had never seen Phillips act in an aggressive manner.
Cottrell's aunt – Wendy McAnly – testified that Cottrell confessed to the crime more than a week earlier, but his family didn't believe him. Cottrell's aunt and cousin testified that he had planned to kill Phillips because he was gay, and had lured Phillips into his hotel room where he hit and strangled him.
McAnly said that Cottrell invited Phillips to his Elizabethtown
Elizabethtown, Kentucky
Elizabethtown is a city in and the county seat of Hardin County, Kentucky, United States. The population was 28,531 at the 2010 census, making it the eleventh-largest city in the state...
motel room. When Phillips arrived, Cottrell asked if Phillips liked him without his shirt, and when Phillips said yes and touched him, Cottrell put him in a headlock and choked him.
Cottrell's cousin – Tara Gaddie – testified that arrived at her home in Phillips' truck after disposing of his body in Rough River Lake
Rough River Lake
Rough River Lake is a reservoir in Breckinridge, Grayson, and Hardin counties in Kentucky. It was impounded from the Rough River in 1959 by the United States Army Corps of Engineers. It is the primary attraction of Rough River Dam State Resort Park....
, and answered "He's gone. He's dead," when she asked him what he'd done. Gaddie also said she never heard Cottrell talk about strangling Phillips or use derogatory terms to describe him.
Cottrell's testimony
In court, Cottrell testified that after he drove Phillips around ElizabethtownElizabethtown, Kentucky
Elizabethtown is a city in and the county seat of Hardin County, Kentucky, United States. The population was 28,531 at the 2010 census, making it the eleventh-largest city in the state...
looking for a job, Phillips came into his motel room uninvited, tried to kiss him, and attempted to force him into oral sex
Oral sex
Oral sex is sexual activity involving the stimulation of the genitalia of a sex partner by the use of the mouth, tongue, teeth or throat. Cunnilingus refers to oral sex performed on females while fellatio refer to oral sex performed on males. Anilingus refers to oral stimulation of a person's anus...
. Cottrell then put Phillips in a headlock, pulled him to the floor and "started hitting him as hard as I could, as many times as I could."
When he realized Phillips was dead, Cottrell says he panicked and put his body into the suitcase, which he said in court he'd brought to haul his belongings as he drifted between motel rooms and friends' houses.
"Gay Panic Defense"
Cottrell's defense attorney employed what is called a gay panic defenseGay panic defense
The gay panic defense is a legal defense against charges of assault or murder. A defendant using the gay panic defense claims that he or she acted in a state of violent temporary insanity because of a little-known psychiatric condition called homosexual panic. Trans panic is a similar defense...
, arguing that Phillips's own actions "led to a chain of events that caused his death, " and that Cottrell was within his rights under Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
law to fight back to protect himself from being raped, including use of deadly force
Deadly force
Deadly force, as defined by the United States Armed Forces, is the force which a person uses, causing—or that a person knows, or should know, would create a substantial risk of causing—death or serious bodily harm...
if necessary. "But what set it all in motion, he was privileged to do," Drabenstadt said. "What set it in motion were the actions of a 36-year-old man."
Drabestadt may have been referring to a Kentucky "stand-your-ground" law permitting people to use deadly force
Deadly force
Deadly force, as defined by the United States Armed Forces, is the force which a person uses, causing—or that a person knows, or should know, would create a substantial risk of causing—death or serious bodily harm...
to protect themselves against death, serious physical injury, kidnapping, and forced sexual intercourse. In February 2001, Kentucky Representative Bob Damron sponsored a bill that would have added "deviant sexual intercourse" to the existing law. The Kentucky House Judiciary Committee amended the measure to replace "deviant sexual intercourse" with "forced sodomy," and clarify its definitions of "force," "threat," and "attempt."
Prosecuting attorney Chris Shaw argued in closing that Cottrell lured Phillips to his room in order to kill him, and then attempted to cover it up in a cold, calculated manner. Shaw added that Phillips's sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
was immaterial in the case, except for Cottrell's "steaming anger" toward gay
Gay
Gay is a word that refers to a homosexual person, especially a homosexual male. For homosexual women the specific term is "lesbian"....
men. Shaw said that if Phillips made sexual advances Cottrell should have walked away.
Verdict & sentencing
After deliberating for nine hours, the jury returned with its verdict. The jury had the option of finding Cottrell guilty of murderMurder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, reckless homicide, or manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
. The jury rejected the murder charge and instead found Cottrell guilty of second degree manslaughter, theft by taking of more than 300 dollars, and tampering with physical evidence.
Cottrell was sentenced on March 1, 2005. The jury recommended Cottrell be sentenced to 30 years; 20 for manslaughter, and another ten for theft and tampering with evidence. However, state law limited the judge to sentencing Cottrell to a maximum of 20 years.
In Kentucky, committing a crime against someone because of the victim's sexual orientation is considered a hate crime
Hate crime
In crime and law, hate crimes occur when a perpetrator targets a victim because of his or her perceived membership in a certain social group, usually defined by racial group, religion, sexual orientation, disability, class, ethnicity, nationality, age, gender, gender identity, social status or...
. At sentencing, a judge may deny probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
or parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
if it is determined that the victim's race, color
Colored
Colored is a term once widely used in the United States to describe black people and Native Americans...
, national origin, sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
, or religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
was a "primary factor" in committing the offense. The prosecution in Cottrell's case did not pursue hate crime
Hate crime
In crime and law, hate crimes occur when a perpetrator targets a victim because of his or her perceived membership in a certain social group, usually defined by racial group, religion, sexual orientation, disability, class, ethnicity, nationality, age, gender, gender identity, social status or...
charges against him.
Neither the defense nor the victim's family had immediate comment on the verdict or sentencing. One month later Greg Phillips, the victim's brother, told The Advocate
The Advocate
The Advocate is an American LGBT-interest magazine, printed monthly and available by subscription. The Advocate brand also includes a web site. Both magazine and web site have an editorial focus on news, politics, opinion, and arts and entertainment of interest to LGBT people...
, "I think they were looking at my brother being a homosexual when they made their decision to pick the lesser charge."
Cottrell was eligible for parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
in July, 2007—2½ years after his conviction.