Prosecutors ask judge to reconsider ruling

HARTINGTON — Prosecutors trying a Louisiana man for murder have asked a judge to reconsider after a ruling to exclude evidence.

The Nebraska Attorney General’s Office filed the motion in the case against David Phillips Jr., 21, accused of second-degree murder in the death of 31-year-old Israel Matos- Colon, Fowlerville, Mich., at a Hartington cellphone tower worksite March 1, 2023.

Judge Bryan Meismer ruled Feb. 19 certain character evidence against Phillips could not be presented at trial.

“Multiple witness reports indicate that the defendant and the decedent were arguing that morning, but what they were arguing about is disputed and not essential to setting the scene,” Meismer said in his ruling. “ Further, the story of why the defendant was with that work crew in Cedar County on March 1, 2023, is also not essential here.”

But in the latest filing, the state argues the reason for the argument between Phillips and Matos-Colon “essential” to proving either the presence or absence of a sudden quarrel or provocation.

Provocation by a sudden quarrel lessens the degree of the homicide from murder to manslaughter, the attorney general’s office said.

“What happened immediately before the incident and what the two argued about is directly relevant to whether there existed reasonable and adequate provocation,” according to the state’s motion. “The presence or absence of a sudden quarrel will be one of, if not the main, issue at trial.”

The attorney general’s office cited other cases as examples.

Meismer will hear arguments on this latest motion at a hearing set for March 28. The attorney general’s office asked if the ruling is not overturned that the judge clarify exactly which evidence would be excluded.

The case is set for trial next month.