Sarah Scully, Anchor/Reporter
On this stretch of I-26 heading toward Tennessee, between the NC welcome center rest area and Sams Gap, sources say then Madison County Chief Deputy Coy Phillips fired a rifle across 6 lanes of early evening traffic to kill a deer about 200 yards away from his parked undercover patrol vehicle while in uniform.
Phillips is now in jail awaiting trial for alleged 5 felonies and 2 misdemeanors committed as a Madison cop. This crime is not a listed charge.
Five of the now 9 former sheriff’s office employees who’ve contacted me have independently confirmed this incident. They have been granted anonymity for fear of retaliation.
I asked current Madison County Chief Deputy Van Duncan if Coy shot a deer across I-26 with his service weapon.
“I do not have a comment on that,” said Duncan in a July 2 phone call.
It is unclear if it was Coy’s personal rifle or a police-issued AR-15.
Local Master Wildlife Officer Levy Roberts responded to the Nov. 23, 2021 incident, but District Attorney Seth Banks refused to press charges.
“What I can confirm is that Officer Levy Roberts did conduct an investigation into an unlawfully taken deer in November of 2021, and that he met with the district attorney’s office about that case and no charges arose from it,” said Lt. Anna Barbosa, Professional Standards Lieutenant with the NC Wildlife Resources Commission by phone call July 7.
Barbosa said if the DA had charged Coy with disobeying wildlife laws set forth in the NC General Statute 113, those records would have been available for public view.
“So, because of that, there’s nothing more that I can release per the NC statute 132-1.4.”
One of the 5 anonymous sources revealed that he kept a personal notebook.
And in that notebook, he wrote that he’d personally told Sheriff “Buddy” Harwood, Roberts, the DA and the NC State Bureau of Investigation about Coy shooting the deer across I-26.
“The NC SBI has not opened any case concerning allegations of Mr Phillips killing an animal while on duty,” said NC SBI Public Information Director Chad Flowers by phone call July 7.
“It is my understanding that a potential case was investigated by the NC wildlife officials.”
The DA confirmed the 2021 investigation by NC Wildlife for alleged Class 3 misdemeanors of illegal taking, possession of, and transportation of deer beside a public road.
“Part of our role in the criminal justice system is to review investigatory materials and make the determination of whether there is sufficient evidence to prove that someone has violated the law and whether or not we believe that we can prove that violation beyond a reasonable doubt,” said Banks in a July 7 email.
“My office made the determination that we were unlikely to be able to meet our burden with the evidence that we had at that time.”
He continued, “the same law applies to everyone, regardless of who they are. That same standard that we apply in each and every case was followed in the review of the investigation involving the alleged misdemeanor wildlife violations from 2021.”
On an editorial note:
I find hope in so many reliable sources coming forward to share their stories. Thank you especially to the former sheriff’s office employees. You are incredibly brave. Thank you as well to all the organizations giving statements, speaking directly to you, the public, through this work. There are more posts coming as additional corroboration continues.
*There are now 9 former sheriff’s office employees who have reached out to me as anonymous sources since this June 30 story: https://www.facebook.com/share/v/1DPdxdMmeT/?mibextid=wwXIfr
*Nov. 23, 2021 was the first day of deer season.
To see the latest update:
https://www.facebook.com/share/v/14kskZYumhD/?mibextid=wwXIfr
https://www.facebook.com/share/v/1CtCM2dEM9/?mibextid=wwXIfr
To see former story:
https://www.facebook.com/share/v/1MCAJY7HDH/?mibextid=wwXIfr
List of charges:
Felony furnishing a controlled substance to an inmate
Felony furnishing deadly weapons to an inmate
Felony involuntary servitude
Misdemeanor furnishing tobacco products to an inmate
Misdemeanor furnishing alcoholic beverages to an inmate
(2 counts) Felony assault with a firearm on a detention facility employee
Here is the full emailed statement from Banks, edited for broadcast length.
“Ms. Scully,
I can confirm that there was an investigation in 2021 by NC Wildlife involving an alleged illegal taking, possession of, and transportation of deer beside a public road, which are Class 3 Misdemeanors.
After NC Wildlife Resources Commission Officers completed their investigation, my office reviewed their findings.
Part of our role in the criminal justice system is to review investigatory materials and make the determination of whether there is sufficient evidence to prove that someone has violated the law and whether or not we believe that we can prove that violation beyond a reasonable doubt.
It is worth noting that the burden of proving someone guilty beyond a reasonable doubt is the highest burden in our legal system. After reviewing the evidence from the 2021 investigation, my office made the determination that we were unlikely to be able to meet our burden with the evidence that we had at that time.
As with the review of any investigation, I and my office are dedicated to upholding the rule of law in each and every case. That means that the same law applies to everyone, regardless of who they are. That same standard that we apply in each and every case was followed in the review of the investigation involving the alleged misdemeanor wildlife violations from 2021.”
