March 13, 2017 at 7:23 p.m.

Former judge sentenced

Phillips pleaded guilty to pushing police chief
Former judge sentenced
Former judge sentenced

By RAY COONEY
President, editor and publisher

Copyright 2017, The Commercial Review

All Rights Reserved

A former judge will serve one year on probation for shoving a police officer.

Tommy “Chip” Phillips III was sentenced Monday to one year, all suspended in Jay County Jail and placed on probation for one year after changing his plea to guilty on a charge of battery against a public safety office, a Level 6 felony. Jay Superior Court Judge Max Ludy accepted the plea and ordered that the charge be entered as a Class A misdemeanor, which is his option on Level 6 felony cases.

The charge stemmed from an incident in which Phillips, 62, who at the time was Dunkirk City County Judge, pushed Dunkirk Police Chief Dane Mumbower. He had originally pleaded not guilty.

“I’d like to render a full apology to the court, the state of Indiana and especially to the people of Dunkirk, who I feel I’ve let down as both a teacher and a judge,” said Phillips during the hearing.

The sentence, which was part of a plea agreement, also includes 100 hours of community services, a total of $265 in probation fees, $183 in court costs and a requirement that Phillips receive counseling. He was also ordered to not have contact with Mumbower, who is his nephew, while on probation.

It was noted that Phillips, a veteran of the military, has already completed counseling for post-traumatic stress disorder and is continuing to undergo counseling for depression. Adams County prosecutor Jeremy Brown, who served as special prosecutor for the case, indicated that those efforts were part of the reason that the plea agreement was reached.

A Level 6 felony carries an advisory sentence of one year in jail and up to a $10,000 fine with a minimum of six months in jail and a maximum of 2.5 years in jail.

During Monday’s hearing, Phillips told the court that he did push Mumbower during a meeting Aug. 16 at Dunkirk Police Department. A probable cause affidavit filed in the case said Dunkirk Mayor Gene Ritter had brought the men together in an effort to resolve “several issues of conflict.”

Indiana Supreme Court suspended Phillips from his judge duties Sept. 30 after the charge was filed. He had served as the city court judge in Dunkirk since being appointed to the bench on Oct. 3, 2000.

According to Admission and Discipline Rule 25(V)(A) of the Indiana Rules of Court, “A judicial officer shall be suspended with pay by the Supreme Court … upon the filing of an indictment or information charging the judicial officer in any court in the United States with a crime punishable as a felony under the laws of Indiana or the United States.”

Phillips was also suspended from his job as a teacher at West Jay Middle School but has since been reinstated.
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