JEFFERSON CITY, Mo. (KMIZ)
A man who was found guilty of killing his girlfriend in November 2022 was sentenced to five years of probation on Tuesday.
Joshua Wilbers, of Jefferson City, was found guilty on July 17 of first-degree involuntary manslaughter for shooting and killing Hallie Phillips, 20. Wilbers was initially charged with first-degree involuntary manslaughter and armed criminal action.
If Wilbers violates his probation, he faces a four-year prison sentence.
Family members of both Phillips and Wilber packed a Cole County courtroom on Tuesday, showing support. An overflow room was also set up in the courthouse for people to watch.
Prosecutors started off by showing an emotional video of family and friends walking alongside Hallie's hospital bed after she was taken off life support. Prosecutors also noted that Hallie donated her organs after dying, which they said spoke to the kind of person she was.
The prosecution argued that although the death of Hallie Phillips was a tragedy to many people, it was avoidable. The state argued that they felt the case warranted prison because that is the way to send the message that acting recklessly can result in the death of someone.
However, Wilbers attorney Daniel Hunt argued that Wilbers had already received that message and too, was a victim of what happened. Hunt also argued that Wilbers had no criminal history and asked the judge for a five year probation sentence, arguing prison time wouldn't do any good.
The judge also heard statements from Phillips' mother, twin sister and brother, and her grandfather.
Phillips's mother, Angie Phillips described Hallie's death as a life sentence for her and said she'll never forget the gut wrenching phone call she received telling her something had happened to her daughter.
She also described the moment she saw the helicopter land at the hospital, and the feeling of hearing doctors tell her there was nothing they could do to save her daughter.
"You literally feel like you're dying alongside of your child, Your heart feels like it can't even beat anymore," Angie Phillips said. "I'll never be able to speak to her again, to hug her. I'll never be able to hear her laugh and I'll never be able to see her big, beautiful smile. She'll never exist again on this earth."
Phillips grandfather KennyOligschlaeger also described having to see his daughter, Angie feel the pain of losing her daughter everyday, describing it as heartbreaking. Oligschlager said he has a background in the military and said weapon safety was the number one priority.
Oligschlager said the pain felt among Hallie's family Tuesday, is no different than it was two years ago.
"Hallie is gone and never will be back, all we have left is the good memories of Hallie...we also have the awful memories of what my family is going through," Oligschlager said.
Deputies were sent on Nov. 27, 2022, to the 9000 block of Century Farms Road for a report of an accidental shooting, where they found Phillips injured, according to court documents in previous reporting. Phillips was lying on the ground unconscious outside the trailer the couple shared, according to a probable cause statement.
Wilbers allegedly told investigators that he was going outside to shoot his new .22-caliber rifle when it went off inside the house and hit Phillips in the face, according to court documents in previous reporting.
Wilbers carried her outside, meaning to load her in a car and drive to the hospital but decided to call 911 instead, the probable cause statement says.
Evidence at the scene and home security video corroborated his story, according to the statement. Phillips died of her injuries Nov. 29, 2022, at University Hospital.
Phillips was studying animal science at the University of Missouri.
In her final words to the judge, Angie Phillips asked that he do what he think is best in what she described as an "avoidable" death of her daughter who she says was one of a kind.
"Gunsdon't shoot people, people shoot people," Angie Phillips said. "And I don't wish the defendant ill will,I don't hate him, I'm not wired that way.I hate what happened. I hate the decisions that were made. I hate living without my daughter."
Wilbers father, Ben Wilbers and his mother Julie Wilbers also addressed the judge, asking that he not be sentenced to prison. The two said Wilbers has not been the same since then, and said they believed prison would only do him more harm.
"This young man loved that girl more than we can imagineand he was helplessly watching her fade away," Ben Wilbers said.
Julie Wilbers also said she truly believed her son thought the gun was not loaded.
"This was an awfulaccident, and none of us in this room will everbe the same," Julie Wilbers said. "We will always hurt and mourn for Haleybut I know my son, I know how careful he is with everything that he does."
Cole County Circuit Judge Jon Beetemaddressed the courtroom before making his decision, saying he had a lot of factors he had to balance. Beetem said he was not dealing with a "traditional criminal" in the case because Wilbers didn't break the law leading up to Hallie's death.
Beetem said after taking into consideration all of the factors, he found probation fitting.
"A very wise and old judge told me once is we punish evil, and we correct stupid...he made a really stupid choice," Beetem said.
In a statement sent to ABC 17 News via email, Cole County Prosecuting Attorney Locke Thompson said he hopes Tuesday's decision brings Phillips' loved ones closure.
"This case is one which has caused a great deal of sadness and pain in our community. No one has felt this more than Hallie’s parents, siblings, family, and friends. I hope that the conclusion of the case today gives the Phillips family a sense of closure. Our thoughts and prayers continue to be with them," the statement reads.