Louisiana man sentenced to prison, could be eligible for parole in six months

HARTINGTON – A Louisiana man will spend about six months in prison before he becomes eligible for parole after being sentenced Monday in Cedar County District Court.

David Phillips Jr., 22, faced up to 20 years behind bars after being convicted of manslaughter by a Cedar County jury in April for the death of Israel Matos-Colon, 31, at a Hartington worksite March 1, 2023.

At trial, the jury found him not guilty of use of a firearm to commit a felony and not guilty of possession of a stolen firearm.

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

Todd Lancaster, Phillips’ lawyer of the Nebraska Commission on Public Advocacy, argued for a probation sentence, citing Phillips’ lack of criminal history - not even a traffic citation.

“He is remorseful for what happened. He even told the probation officer he wished this had never happened. He didn’t mean to kill Israel,” Lancaster said. “Those are statements he made to me the first time I met him in 2023.”

Prosecutors with the Nebraska Attorney General’s Office had argued for the maximum sentence of 20 years in prison, citing a probation report which characterized Phillips as violent and having trouble with coping with stress.

“The defendant showed up to the job site with a Glock handgun and a 31-extended magazine. He used that gun to shoot and kill his 31-year-old co-worker, Israel Matos-Colon, who had nothing more on his person than a utility knife, a vape and his phone,” said Mariah Nickel of the Attorney General’s Office.

Adamantly opposing probation, she said that sentence would depreciate the severity of the crime. Referring to a victim impact statement written by Matos Colon’s sister, Nickel said he was known and loved by everyone in his community. “His death is a void that can never be filled,” she said. While considering a possible sentence, Judge Bryan Meismer said he considered all options including probation although the maximum five years on probation didn’t seem like enough time.

“This is a crime of violence, involving a gun. Someone died,” Meismer said. “This is the exact situation I warn defendants about every single time I sentence someone on a gun charge. I’ve said it 100 times if I’ve said it once, every time a gun gets introduced in a situation someone could end up dead. If someone ends up dead, everything changes. This changes everything.”

Meismer sentenced Phillips to 48 months to 20 years in prison. Phillips was given credit for the 17 months he served in Cedar County Jail while awaiting trial and sentencing, meaning he will likely serve six months in prison before being granted parole. His parole will last through the maximum term of 10 years.