Seneca man bound over in fatal armed robbery case
Apr. 18—The attorney for Paul D. Phillips Jr. tried to establish at a preliminary hearing Thursday that there was no evidence Phillips intended to rob anyone when his alleged accomplice fatally stabbed Seth Langford six weeks ago.
But Judge Joseph Hensley decided at the end of the hearing in Jasper County Circuit Court that there was sufficient reason to believe a robbery took place March 2 at a residence on State Line Road west of Joplin and that Phillips, 36, of Seneca, appeared implicated.
The judge ordered Phillips bound over for trial on all five counts he is facing: first-degree robbery, armed criminal action, unlawful use of a weapon, unlawful possession of a firearm and vehicle tampering. The judge set May 13 for his initial appearance in a trial division of the court.
Ron Seward, a witness to the robbery and slaying, told the court that Phillips arrived at the address in the company of 30-year-old Scott B. Burleson, of Wyandotte, Oklahoma, who is charged with second-degree murder, first-degree robbery and armed criminal action in the case.
Seward testified that Langford was one of three others with Seward at the residence when the defendants got there. Langford and Burleson got into a shoving match inside the home during which Burleson stabbed Langford, Seward told the court.
He said Burleson then threatened to stab him as well and demanded that Seward give him what drugs he had. Seward said Burleson then took some money and marijuana and left the residence. He was uncertain what Phillips was doing during the altercation but believed he left before Burleson did.
On cross-examination by defense attorney Craig Lowe, Seward acknowledged that Phillips never threatened him and that he did not see him do anything to assist in the robbery. But Seward was certain nonetheless that they were acting in concert.
"I think they were planning to rob me," Seward said on direct examination.
Assistant Prosecutor Kurtis Droppa called Jasper County sheriff's Detective Jamison Cady to testify to what the defendant told him during questioning after his arrest.
Cady said Phillips admitted that he and Burleson went to the address "to get what Scott was owed" and that he drove Burleson and two others there. The defendant also acknowledged being present when the altercation took place between Burleson and Langford, and admitted he displayed a handgun at the time.
A probable-cause affidavit filed in the case states that Phillips admitted that he was still holding the gun when Burleson threatened Seward and stole his marijuana and cash. But the detective testified Thursday that Phillips could not recall what he was doing when Burleson stabbed Langford.
Cady said Phillips also admitted later fleeing from Cherokee County deputies in a Mercedes that had been reported stolen in Newton County. He also acknowledged abandoning the car behind a trailer home near West Seventh Street and Malang Road, where deputies recovered it and found a handgun inside.
Cady said Phillips acknowledged that the gun they recovered was the weapon he displayed during the robbery.
Lowe asked Cady if there was any evidence his client actually took anything from the residence where Langford was killed and the detective acknowledged there was not. When asked if Phillips indicated to him any fear of Burleson or foreknowledge that Burleson might stab Langford, the detective admitted: "He said he was surprised (by what happened)."
