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Hoover firefighters hot over misdemeanor plea for man who fired on them
Phillip Earl Jones Jr. Phillip Jones Jr., 47, was initially charged with attempted murder following the 2012 incident at his home on Lake Cyrus Club Drive. He was indicted last year on the same attempted murder charge.
Court records, however, show Jones earlier this month pleaded guilty in the Bessemer Cutoff to the misdemeanor charge of reckless endangerment. He received a six-month suspended sentence and is on probation.
"How could this happen?'' said Lee Kilgore, vice present of the Hoover Firefighter's Association, and one of the firefighters who responded to Jones' home that December morning. "We thought we would get a felony conviction of sorts, and that way he couldn't get his firearms back. He had like 200 in his house."
Firefighters were dispatched about 4:30 a.m. to Jones' home on a call for medical assistance. When they arrived, they said, he fired on them. The firefighters retreated to a position of safety outside of the home. "It was shocking how it all went,'' Kilgore told AL.com. "He unloaded a firearm. He fired multiple shots and there were holes in the wall adjacent to where the firemen were standing."
"It's one of those things that stick with you,'' Kilgore said. "We still had to treat him after it happened. We had to treat him as the victim, even though we had been victimized."
Jones was taken into custody and then taken to Shelby Baptist Hospital where he was treated for minor injuries. He was then taken to the Hoover City Jail on the attempted murder charge, and later released on $30,000 bond.
At the time of the incident, firefighters already were on edge because of a high-profile incident just three days prior. Two firefighters were fatally shot and two others wounded when responding to a fire in Webster, N.Y. Authorities there say an ex-con gunned down those firefighters after luring them to his neighborhood by setting a car and a house ablaze early Monday. They say he then took shots at police and committed suicide while several homes burned. "It really opened my eyes that it could happen anywhere, anytime,'' Kilgore said.
Jones entered into his plea deal with prosecutors on May 12, 2015. Under the agreement, Jones is on a six-month suspended sentence and one year probation. After six months, he will be allowed to take possession of his guns seized by law enforcement.
Bessemer Cutoff Chief Assistant District Attorney Bill Vietch said he wasn't involved with the case, but said it's his understanding the firefighters were aware of the agreed deal. "Everything was a go,'' he said. "They understood completely that it was reckless endangerment."
Vietch said the attempted murder charge was reduced to reckless endangerment because there was no intent for him to kill anyone. "He was having a medical emergency and told the policemen he saw dark shadows coming at him,'' Vietch said. "He didn't just decide he was going to shoot the firemen."
Kilgore said he and other firefighters will now fight to get a state law passed that would make it an automatic felony to shoot at police officers and firefighters. "We don't want this to happen to anyone else,'' Kilgore said.
Steve Pegues, president of the Professional Firefighters of Alabama statewide union, agreed.
"Since the case has been settled in the last two or three weeks, I have done a little bit of research on state statute and we're going to look at the possibility of trying to strengthen that law,'' he said. "It's really mind-boggling that this was pleaded down to a misdemeanor."
"It sends the wrong message,'' Pegues said. "Firefighters are unarmed. We are there to provide a service whether it be fighting fire or emergency medical service. We don't care about your political views or social status, if you need us we're going to respond and we're going to respond in a timely manner."
"For our guys to be shot at and have to seek whatever cover possible is ludicrous,'' he said. "It's ridiculous."
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Chances are if the accused had not been white, no such plea deal would have been offered.
Another mind boggler. How can there not already be a law that protects the firefighters? If nothing else, voluntary surrender of the guns should have been a condition of the plea.
Where's the wisdom in returning firearms (even if after six months) to a person who is documented as having an episode of violent mental instability. Hasn't our society suffered enough pain in cases of armed people with mental health issues?
He "saw dark shadows coming at him" - back lit by the flashing red lights? That's ridiculous.
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