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HARTINGTON – The case against a Louisiana man accused of murder at a Hartington tower worksite will proceed to trial in two weeks with a new judge.
The trial of David Phillips Jr., 21, is expected to last one week. A number of pre-trial motions were heard before the Cedar County District Court Thursday morning to iron out details prior to the trial start date of April 15.
Phillips is 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.
Prosecutor Mariah Nickel of the Attorney General’s Office had filed a motion for Judge Bryan Meismer to reconsider a previous ruling in the defense’s favor which excluded certain character evidence including evidence about why an argument broke out between Phillips and Matos-Colon.
Nickel argued what Phillips and Matos-Colon were arguing about is relevant to proving the case.
“With the court’s order, it effectively ties the hands of both the state and the defense of being able to argue the presence or the absence of a sudden quarrel which is going to be important and the main crux of the entire case,” she said.
The attorney general’s office asked if the ruling is not overturned that the judge clarify exactly which evidence would be excluded.
Phillips’ lawyer Todd Lancaster of the Nebraska Commission on Public Advocacy said he would stipulate to evidence about the conflict the day of the murder but Phillips’ prior work history would be irrelevant. The lawyers also agreed that any evidence about Matos-Colon’s mental health would not be included at trial.
However, Lancaster and Nickel argued about whether alleged drug use could be included and could not come to an agreement on the issue. Meismer will issue a ruling at a later time to clarify what evidence can be included.
In pre-trial motions, Meismer ruled that Cedar County sheriff’s deputies who appear on the witness list would not be required to be sequestered. Sequestration would prove to be a hindrance in the county providing trial security, he said, and prosecutors did not object with the understanding that deputies would not discuss their own testimony or the testimony of other witnesses.
Meismer informed the parties that he is doublebooked during the scheduled trial time so retired judge Mark Young, Grand Island, will be hearing the case.
“I think it’s most appropriate, regardless of what happens in my other matter, he’s the judge,” Meismer said. “It’s not ideal that one person has made evidentiary rulings and another person is presiding. Given the circumstances, that’s more appropriate than at the 11th hour me showing up saying ‘Hear I am’ after all the arrangements were made with someone else.”
A pool of 100 jurors will undergo the jury selection process at an alternate location - the Hartington fire hall - due to size constraints of the district courtroom.
In other court news: - Derek Ehlers, Wynot, has filed a motion to resist summary judgment in a civil case filed against him by a Hartington woman who sustained injuries during a 2019 assault. Jennifer Blackwell is seeking more than $65,000. In the latest brief, Ehlers details what happened the night of the assault which he claims included Blackwell assaulting him first and as a result he acted in self-defense and the defense of others. With legitimate issues of material facts in the case, the court should overrule Blackwell’s motion for summary judgment, the latest filing said.
- Timothy Lueth, 42, Hartington, was sentenced on a reduced misdemeanor charge of third-degree assault. He was sentenced to 24 months of probation with 30 days in jail at the end of probation.
- Christopher Barta, 29, Brookings, S.D., was sentenced on a criminal mischief charge after he damaged center pivot irrigation spans on a Cedar County farm. He was sentenced to 24 months of probation with 30 days in jail at the end of probation, and restitution of $8,550.
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