CHARLESTON W.Va. (WVDN) – The West Virginia Supreme Court of Appeals today unanimously affirmed the second-degree murder conviction of Joshua Marcellus Phillips for the December 1, 2020, fatal shooting of Charleston Police Officer Cassie Johnson.
Following a June 2022 trial in Kanawha County Circuit Court, a jury found Phillips guilty of second-degree murder and simple possession of a controlled substance. Phillips had claimed self-defense during the trial. The circuit court sentenced Phillips to 40 years imprisonment for second-degree murder, plus a consecutive six months for drug possession.
In the decision issued Wednesday, the West Virginia Supreme Court rejected Phillips’ appeal. He appealed the conviction for various perceived issues including, change of venue, jury selection, evidence ruling, jury instructions and sufficiency of evidence.
“Today’s unanimous decision by the Supreme Court affirms the serious consequences for harming our brave men and women of law enforcement,” Attorney General JB McCuskey said. The West Virginia Attorney General Criminal Appellate Division represented the state to uphold this conviction, which was secured by the Kanawha County Prosecuting Attorney’s Office.
For a copy of the order, please email kcart@wvago.gov.
