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DALLAS POLICE DEPARTMENT Prosecution Report


260184-X
Page 2

Suspect: SUMMARY:
On September 17, 2010, at approximately 6:05 AM, during the hours of darkness, Suspect shot and killed Complainant Marcus Phillips as he committed a Robbery. The facts of the case are as follows: On Sept. 17,2010, at approximately 6:00 AM, Suspect was employed as theon-duty clerk, at Kwik Stop #9, located at 1909 Martin Luther King Blvd., Dallas, Dallas County Texas. Complainant Marcus Phillips entered the location and requested cigarettes. When Suspec1 reached up for the cigarettes, Complainant Phillips, grabbed and attempted to steal the cash register offthe counter. The register was plugged in and stopped Complainant Phillips short, keeping him from being able to run out the door with it. Suspect grabbed a shotgun trom under the counter, and attempted to stop the theft, by ordering Complainant Phillips to the ground at gunpoint. Complainant Phillips, refused to obey the orders, and told the Suspect to call the police, saying he did not want to die. Suspect kept ordering him to get on the ground. The Complainant appeared to comply and get on the ground, however when hc~ saw Suspect reach for the phone to call 911 the Complainant grabbed the cash register again and ran out the door with it. Suspect followed the '' ' Complainant on.foot wi~ ~heshotgun, and cau~t up with him, the whole time y~l1ing~t Complainant Phillips f.. 0 stop. Complamant PhIllIpsthrew the cash regIster at Suspect . The cash regIster hIt the ground and broke. When Suspect tried to pick it up, the Complainant moved up on him and tried to punch in the face. The Complainant picked up the part of the cash registe:rwith the cash drawer and ran off again. The suspect followed him across the street, again catching up with him. The Complainant turned on Suspect and tried to use the cash register to hit the suspect. Suspect moved back and fired a warning shot into the ground. Complainant Phillips moved toward Suspect and tried twice to hit Suspect in the face with the register, causing him to duck. Complainant Phillips then made a deliberate move towards Suspect , as if to grab suspect 's gun. Suspect , fearing for his life, tired one shot at the Complainant, striking him in the chest, and causing his death. Police officers responding to the 911 calls from witnesses pulled up and observed Suspect , with the gun in his hands. Suspect was cooperative, and transported to CAPERS. Suspect was mirandized and gave a recorded statement ofthe offense. Surveillance video was obtained from the Kwik Stop, and confirmed the Suspect's account ofthe offense, up until the point that they ran around the comer of the parking lot, out of camera view. Independent witnesses Hassan and Grey observed the offense as it occurred and confirmed the Suspect's account. Physical Evidence was photographed, coltected, processed and supported both, th~independent witnesses and the Suspect's accounts ofthe offense. The Suspect~ on file, and the Complainant has a criminal history of committing Aggravated Robberies. The Suspect was released pending ruling of the Dallas County Grand Jury.
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