CHARLESTON — The West Virginia Supreme Court of Appeals today unanimously affirmed the second-degree murder conviction of Joshua Marcellus Phillips for the Dec. 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.

The Charleston Police Department posted the following message on its Facebook page on the four-year anniversay of Johnson’s death in 2024:

“May we never forget,

“On this day, four years ago, Patrolman Cassie Johnson succumbed to gunshot wounds sustained while responding to a parking complaint in the 200 block of Garrison Avenue at about 2:30 pm.

“Despite her wounds, she was able to return fire and wounded the subject. The man was arrested a short distance away.

“Patrolman Johnson was transported to Charleston Area Medical Center, where she remained on life support until December 3rd, 2020 so that her organs could be donated.

“The subject was convicted of second-degree murder and sentenced to 40 years.

“Patrolman Johnson had served with the Charleston Police Department for two years and had previously served as a city humane officer for two years. She is survived by her mother, brother, and sister.

“In 2021, Garrison Avenue was honorarily renamed Patrolman Cassie Johnson Avenue.

“Let us take a moment today to reflect and remember the selfless sacrifice of fallen CPD Officer Cassie M. Johnson, who we lost on this day four years ago. Her spirit of honor, commitment, and dedicated service to those she served with and those she served to protect will never be forgotten. I pray for her family and those she served with to have peace and comfort on this day.” — Chief Scott Dempsey.