Phillips

ELKINS — A Randolph County man was sentenced to 10 years in prison in Randolph County Circuit Court this week for the fatal shooting of a man in the Heavener Acres Trailer Court in 2024.

On Monday afternoon, Melvin Richard Phillips Jr., 64, was sentenced to 10 years for voluntary manslaughter and to no less than two, no more than 10 years for the use or presentation of a firearm during commission of a felony. The sentences will run concurrently and Phillips, who is currently in Tygart Regional Jail, will receive credit for time served.

On Aug. 15, after a three-day trial, a jury found Phillips guilty of voluntary manslaughter and presentation of a firearm during commission of a felony, both felonies.

Phillips was charged in the May 6, 2024 shooting death of Mark Wirth, 67. Wirth was discovered on the porch of his Heavner Acres residence suffering from a gunshot wound to the head after a dispute with Phillips. Wirth was transported to Davis Medical Center by Randolph County EMS, where he later died.

Before Judge David Wilmoth issued a sentence Monday, Phillips’ attorney, James Hawkins Jr., addressed a motion for acquittal and a motion for a new trial that he and Phillips’ other attorney, Alex Harclerode, had made prior to the hearing.

In his motions, Hawkins argued that the state’s evidence was insufficient for a charge of voluntary manslaughter and said the court should have granted their motion for a “judgement of acquittal at the conclusion of the state’s case.” He then said the court should now grant Phillips a judgement of acquittal.

Hawkins also argued a total of 26 points in regard to his motion for Phillips to receive a new trial. The points touched on supposed errors that Phillips’ attorneys believe the court made, including instructions the jury received before they deliberated and the admission of certain evidence that was shown to the jury.

In his response, Randolph County Prosecuting Attorney Michael Parker requested that both motions be denied, saying that, in regard to the motion for a new trial, the state did not see the supposed errors as being mistakes.

Wilmoth denied both motions made by Phillips’ attorneys, stating that many of the arguments made by the defense were already addressed and decided on by the court prior to the trial and during objections made during the trial. Wilmoth also said he did not believe any errors were made, stating “where we’re at is where we’re at.”

After the motions were denied, Harclerode oresented the court with two letters given to him just before the hearing in regard to Phillips. Wilmoth silently read both letters and commented he had received nine other letters regarding Phillips that were delivered that morning.

Harclerode called Rhonda Phillips, Melvin Phillips’ fiancee of four years, to testify on his character before sentencing. Rhonda Phillips, who had been present when Wirth was killed, described Melvin Phillips as a good person, a dedicated worker and a loving family man.

“(Melvin Phillips is) one of the best people I’ve ever met,” Rhonda Phillips told the court. “…He’s always been a sweet, kind, giving person. He’s got stepchildren that he raised like they were his. He did everything in the world for them… Always been a hard worker. Takes care of me now that I’m on disability, and he’s just a kind, loving, caring man… He’s just not a violent person. That’s the one thing I admire most about him.”

When asked by Harclerode if Melvin Phillips is a volatile person, Rhonda Phillips said no, calling him “peaceful” and “not violent at all.” She also informed the court that Melvin Phillips had been caring for his mother, who is 84 years old, and his father before he was arrested and his father died. Phillips’ mother was present in the courtroom for the sentencing hearing.

Virginia Phillips, one of Melvin Phillips’ sisters, was also called by Harclerode to speak before the court. Virginia Phillips also referred to her brother as a “kind, caring person.”

“He even looks out for animals, and anybody who does that would not kill somebody in a premeditated way,” Virginia Phillips told the court. “I know my brother and I truly believe that he never wanted to kill anybody, and that he just took the gun out to scare (Wirth) and unfortunately things escalated.”

Virginia Phillips also said her brother has never been a violent person, though he was “protective” of his family because their parents taught them to “protect life and value life.” She added that, after this incident, she did not think her brother would “want anything to do with guns anymore.”

In his address to the court, Harclerode asked for Phillips to be sentenced to a mitigated sentence on the lower end of the possible three to 15 years for voluntary manslaughter and the lower end of the possible two to 10 years for use or presentation of a firearm during commission of a felony.

Harclerode argued that the maximum sentence for both charges, if run consecutively, would be the equivalent of a life sentence for Phillips. He also reminded the court of the previous accusations against Wirth and his character.

“I don’t want to sit here again and regurgitate all of the horrible things about Mr. Wirth, but at the end of the day, your honor, Mr. Wirth was an unmedicated, violent, unpredictable person who chased little girls with clubs in the neighborhood,” Harclerode said. “Who threatened people with knives at the City Park. Who threatened Mr. Phillips on a previous occasion and had SWAT surround his (Wirth) house, and you know, your honor, that those things can’t be ignored.”

Phillips addressed the court in a brief statement, first thanking the court for allowing him to attend his father’s funeral while he was incarcerated. Phillips asked for forgiveness and said he never wanted to hurt anyone.

When asked by Wilmoth if there was anyone present in the courtroom to speak on Wirth’s behalf, Parker said no.

Parker told the court that the state would recommend Phillips be sentenced to the maximum of 15 years in jail for voluntary manslaughter and not less than two, no more than 10 years for use or presentation of a firearm during commission of a felony. Parker also asked that both sentences be run consecutively.

“Regardless of whatever problems Mr. Wirth caused, he certainly did not deserve getting shot in the face while standing on his own porch,” Parker told the court. “My recollection of the testimony was that Mr. Wirth had a knife, but was not within range of actually harming (Phillips) or his wife (Rhonda Phillips).”

After issuing Phillips’ sentence, Wilmoth said he believed the sentence reflects the severity and the significance of what took place, as well as the jury’s conclusion.

“Mr. Phillips, good luck,” Wilmoth said. “I don’t think that it is a life sentence. I think that is a sentence that gives you the opportunity to serve the time that you are obligated to serve and still be able to be released and enjoy your golden years. Good luck.”