Shadivia Phillips Trial Verdict: Was She Guilty or Not Guilty?
The verdict is in for the Shadivia Phillips trial. Find out whether she was found guilty or not guilty in this article.
Was Shadivia Phillips found guilty? A while ago, I wrote an article about some real crimes that went viral. The Shadivia Keauslatyke Phillips case was one such crime after some bystanders recorded the altercation between her and the victim, over a parking spot. That post became popular for the Google search of whether or not she was found guilty, so I decided to answer that question.
Was Shadivia Phillips Found Guilty?
Yes, Shadivia Phillips plead guilty to "Assault With Intent to Do Great Bodily Harm less Than Murder" on July 27, 2017 before Judge Lawrence Stuart Talon. She was sentenced to prison on August 15, 2017 to 4 months to 10 years, with credit of 126 days* for time served.
* The docket sheet says "126 Mo," 126 months would be 10+ years.
The Parking Lot Stabbing Case
Shadivia Phillips was 21-years old when she was charged in an assault caught on video. This altercation was at Detroit's Rouge Park. Here is the original press release from Wayne County, MI.
Shadivia Keauslatyke Phillips was charged with:
750.83 Assault with intent to commit murder.
Assault with intent to commit murder—Any person who shall assault another with intent to commit the crime of murder, shall be guilty of a felony, punishable by imprisonment in the state prison for life or any number of years.
From the Michigan Code: http://www.legislature.mi.gov/(S(wweopqfpaual4ae0k50jfuji))/mileg.aspx?page=GetObject&objectname=mcl-750-83
750.84 Assault with intent to do great bodily harm less than murder; assault by strangulation or suffocation; "strangulation or suffocation" defined; other violation out of same conduct.
(1) A person who does either of the following is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both:
(a) Assaults another person with intent to do great bodily harm, less than the crime of murder.
(b) Assaults another person by strangulation or suffocation.
(2) As used in this section, "strangulation or suffocation" means intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.
(3) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law arising out of the same conduct as the violation of this section.
From the Michigan Code: http://www.legislature.mi.gov/(S(l110px5wa5ayv5pj5caaajwl))/mileg.aspx?page=getobject&objectname=mcl-750-84
750.82 Felonious assault; violation of subsection (1) in weapon free school zone; definitions.
(1) Except as provided in subsection (2), a person who assaults another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon without intending to commit murder or to inflict great bodily harm less than murder is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.
(2) A person who violates subsection (1) in a weapon free school zone is guilty of a felony punishable by 1 or more of the following:
(a) Imprisonment for not more than 4 years.
(b) Community service for not more than 150 hours.
(c) A fine of not more than $6,000.00.
(3) As used in this section:
(a) "School" means a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from 1 through 12.
(b) "School property" means a building, playing field, or property used for school purposes to impart instruction to children or used for functions and events sponsored by a school, except a building used primarily for adult education or college extension courses.
(c) "Weapon free school zone" means school property and a vehicle used by a school to transport students to or from school property.
From the Michigan Code: http://www.legislature.mi.gov/(S(sxd5o224wkr0bze4i11xtxbp))/mileg.aspx?page=GetObject&objectname=mcl-750-82
The Preliminary Hearing
Here is the preliminary hearing YouTube video, in case you want to hear what happened.
The Viral Video & The Arrest
Unfortunately for Ms. Phillips, this case went viral when the video of the altercation was put out to social media. The wounded victim was taken to the hospital.
The arrest was made after the footage of the fight went viral on social media. The video seems to have been since taken down from YouTube, but I found the video here:
The fight was over a parking spot. Some of the comments that I read online about the video seemed to indicate that the victim was not totally blameless for the altercation, e.g. she started the fight.
Phillips was one of the two people arrested. It is unclear if the other person, a 22-year-old suspect, was charged.
The two took a tussle that was broken up by the crowd. The victim apparently could be seen at the end of the footage pulling up her top to reveal bloody injuries on her chest. The victim then shouted at Phillips but then collapsed.
The altercation began when Phillips tried to pull into a parking spot, but then the victim rushed in to steal the space.
"We have an issue out here with how to cope with our problems that we have," Detroit police commander Aric Tosqui said. "People arguing over a parking spot escalating to violence, it’s ridiculous that people act that way."
The police commander obviously hasn't been outside of Walmart before a snow storm.
He also complained about the video footage: "They’re not recording to give video to police, they’re recording because they found it to be entertaining."
Frankly, it doesn't matter why people record a video. It's there, and the victim was given justice for being stabbed in the chest.
I found this page for an obituary for a woman named Shadivia KeAusia Tykell Phillips. (The newspapers are printing Ms. Phillips' name as Shadivia Keauslatyke Phillips.)
I'm not sure if this is the same person, but the age, location, and name seem to be about right. Do you have any further information (even to tell me that I'm wrong)? Please drop a comment!
Maureen's Legal Bottom Line
Don't steal parking spots. Or, you know, find another parking spot. Because getting stabbed is a real bad thing. Also, feel free to video tape anything you see on public property all you want. Maybe if more people videotaped stuff to go viral, the less we'd have people getting shanked for stealing a parking spot. (Or we'd have less people stealing spots because of all the viral videos ... take your pick!)
Also, I found this t-shirt funny when I was researching about whether Shadivia Phillips was found guilty: