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Charles Montaldo

Charles' Crime / Punishment Blog

By Charles Montaldo, About.com Guide to Crime / Punishment

Bucky Phillips Can't Withdraw Guilty Pleas

Saturday November 15, 2008
A New York appeals court has ruled that a former escaped convict who killed one state trooper and wounded two others while on the run cannot withdraw his guilty pleas and face trial. Bucky Phillips argued that he entered the guilty pleas only because he received bad advice from his court-appointed attorney.

Phillips is serving a life sentence without the possibility of parole.

When Phillips pleaded guilty in November 2006 he told the judge he was "guilty as hell." The appellate court ruled unanimously that Phillips had voluntarily admitted his intention to kill or wound the state troopers who were watching the home of his former girlfriend.

"He knew that the police had set up surveillance at the location ... that the weapon he used was 'very powerful' and could inflict a fatal wound, and that he shot the two men," the judges wrote. "We therefore conclude that the plea ... is factually sufficient."

Career Criminal Escapes Jail

Phillips only had a short time left on a jail sentence when he escaped from captivity near Buffalo in April 2006. While escaped, he was stopped by Trooper Sean Brown in June while driving a stolen car. To get away, Phillips shot Brown in the stomach. He survived.

In August 2006, Phillips shot troopers Joseph Longobardo and Donald Baker Jr. with a high-power rifle as they watched Phillips' former girlfriend's home from the woods. Longobardo died three days later. Bake remained hospitalized for three months, but survived his wounds.

He was finally captured near the New York-Pennsylvania line Sept. 8, 2006, after troopers surrounded him after a massive manhunt and began to close in on his location. He emerged from a field with his hands up.

See Also:
Court: NY Killer Ex-Fugitive Can't Withdraw Pleas

Earlier Articles:
Bucky Phillips Pleads Guilty to Shootings
A Cornered 'Bucky' Phillips Surrenders to Police
Massive Manhunt Continues for Cop Killer

Photo: Mug Shot

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