Murder suspect makes first court appearance

HARTINGTON — Bond was set, charges were read into the record, and an attorney was appointed for a Louisiana man suspected of second- degree murder in a shooting incident north of town.

David M. Phillips Jr., 20, Kenner, La., appeared before Judge Douglas Luebe March 8 for his first appearance since the shooting death of 31-year-old Israel Matos-Colon, Fowlerville, Mich., at a U.S. Cellular tower worksite about two miles north of Hartington.

Luebe set his bond at $10 million and appointed the Nebraska Public Advocacy Commission to represent Phillips at the hearing last week.

According to court documents, witnesses said Phillips fired a handgun at Matos-Colon as he was trying to get away, with several shots missing before striking the victim around 9 a.m. March 1. Life-saving measures were attempted at the scene but Matos-Colon was pronounced dead later that morning at a Yankton, S.D., hospital.

Witnesses told Nebraska State Patrol officers Phillips wandered around the scene for several minutes and made a statement indicating Matos-Colon had made a comment about his mother. Another witness indicated Phillips was apologizing to Matos-Colon while life-saving measures were being administered to him.

Phillips was arrested at the scene and Cedar County Sheriff’s deputies and state patrol investigators recovered a 9mm handgun, a magazine containing live rounds as well spent shell casings at the scene.

The firearm used in the shooting had been reported stolen out of L ouisiana, the Nebraska State Patrol said.

A second-degree murder charge carries a potential penalty of 20 years to life in prison. Phillips is also being charged with use of a weapon to commit a felony which carries a penalty range of five to 50 years; and possession of stolen firearm which has no minimum penalty and a maximum of 20 years.

Phillips’ will appear next on March 22 for a preliminary hearing. In other court news: - Richard Brachle, 26, Randolph, was sentenced in Stanton County District Court to 24 months of probation for delivery of marijuana, 30 days in jail immediately and 60 days in jail at end of probation.

- Melanie Peltier, 51, Grand Forks, N.D., appeared for a first hearing on a charge of possession of methamphetamine. According to the Nebraska State Patrol, Peltier was a passenger in a vehicle that was pulled over for speeding. After smelling marijuana and locating a marijuana dispenser in plain sight in the vehicle, a search was conducted. During the search, officers located a glass pipe with burnt residue which tested positive for meth.