Phillips' Brother Questions Trooper's Charge

By: Phil Pendleton, WKYT
By: Phil Pendleton, WKYT

A Kentucky State Trooper faces charges in connection with the death of a suspect.

Trooper BJ Burton is accused of reckless homicide in the death of Billy Phillips.

Phillips was arrested on DUI charges in Adair County back in June.

Investigators say Phillips lunged at the trooper while being booked into the jail and the trooper responded by striking him with his hand or arm.

Phillips had his hands cuffed in front of him and hit his head against the wall or floor when he fell.

Larry Phillips says his brother Billy was a friend to many in the Adair-Russell County area. So it might seem ironic that he was arrested near the line separating the two counties; an arrest that led to his death.

Now a grand jury says Phillip's death was no accident.

"He'd give his shirt off his back for you. They're sworn to uphold the law and I think he took this a little too far," Larry said.

Phillips was arrested for DUI on June 1 by Trooper B.J. Burton.

Police say more than a hour later at the Adair County Jail, Phillips lunged at Trooper Burton.

Burton then allegedly hit Phillips who then struck his head on either the floor or a wall.

Phillips died June 4 at a Lexington hospital. A grand jury returned a reckless homicide indictment on Aug. 21.

"We just all miss him and hope the truth will come out and justice will be served," Larry continued.

Trooper Burton is on paid administrative leave pending the outcome. He has not been arrested and the only condition on the indictment is that he not have a gun.

Ky. State Police Spokesman Lt. Phil Crumpton says the matter is under investigation.

Crumpton says just because there's indictment doesn't mean guilt or innocence, but Phillips' brother questions where reckless homicide was the right charge.

"I think it could have been a steeper penalty," Larry admitted.

Burton is ordered to appear in court on Aug. 28.

If Trooper Burton is found guilty of reckless homicide, he could serve one to five years in jail.

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  • by Chris Location: Georgetown on Aug 27, 2007 at 06:36 PM
    You have a guy that is arrested for DUI. The trooper is good enough to handcuff in front instead of behind. For anyone that has been cuffed, it hurts in the back. The guy attacks the trooper, the trooper hits him with his fist/arm. The guy falls then and hits his head. In case you have forgotten, handcuffs can be used no differently than brass knuckles. They hurt and can lacerate you severely. The trooper was justified 100% in defending himself. He didn't even use an asp, oc spray, or any other weapon....just his arm. If the guy would have went along with the program this wouldn't have happened. I hate it that this happened and I sincerely pray for his family, but I also pray for the troopers'. He was just doing his job. You think if he was wrong that the KSP wouldn't drop him like a hot potato? That's because he was RIGHT!! This nothing more than a witch hunt by a special prosecutor trying to make a name for himself. Wake up!!
  • by Donna Location: Columbia on Aug 23, 2007 at 05:17 PM
    I would like to say that I think he is getting special treament. Is it because he is a state trooper? If it was somebody else he would have been thrown in jail and lost his job. I guess the state will take tax payers money and get him attorney to.He should be treated like everbody else that is charged with homicide or felony charge.I know there are good police officer but there is bad ones to.I pray for the family and friends because nothing will bring him back. People need to stand up when you know somethings are wrong.
  • by susan Location: columbia ky on Aug 23, 2007 at 04:23 PM
    if this had been anybody but a state police officer we would be in jail
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