Haywood County Man Convicted of Stalking & Felony Assault on Officer

Haywood County -- July 13, 2024: A Haywood County jury has found a defendant guilty of stalking a couple and,

during one of the incidents, pointing a pistol at a deputy, as announced by District Attorney Ashley Hornsby Welch today. On

February 11, 2023, Earl Mitchell Phillips, 72, of Waynesville, parked his vehicle in close proximity to the couple's residence, with the lights turned off, and the house was visible. A gunshot was heard by a neighbor and one of the victims. Phillips was previously prohibited by a judge from contacting the victims as a condition of his conviction for harassment, which occurred after he assaulted his wife. He was instructed to maintain a distance of at least 100 yards from the couple's residence and refrain from engaging in any form of communication.

The wife contacted 911 when Phillips disobeyed the order and arrived on February 11, 2022. Deputy Zach Wood and Deputy Michael Elkins of Haywood County arrived at the location. Phillips was found to be seated in his truck on an adjacent logging road. Phillips aimed a revolver at Wood's head when the deputies approached the truck. Phillips informed the deputies, "It’s my gun I’ll point it where I want.” He submitted to an order to surrender the revolver, but he refused to be restrained by handcuffs. 

On February 8, 2023, the couple reported that Phillips had parked his truck in the middle of the road near their residence, a violation of the judge's order. On February 7, 2023, there was also a stalking incident in which he drove by the residence on multiple occasions, each time at a sluggish pace. Phillips was convicted by the jury of felony assault of a law enforcement officer, felony harassment, and misdemeanor resisting a public officer.

In addition to the active prison term of 60 to 84 months that Superior Court Judge William T. Stetzer imposed for the assault with a firearm on a law enforcement officer, which consolidated the misdemeanor resist charge for the purpose of sentencing, Phillips was also sentenced to six to 17 months of suspended imprisonment for stalking and 36 months of supervised probation. The case was prosecuted by Assistant District Attorney Jeff Jones.

WNCTimes