Ottawa fatal shooting trial: Defendant asks for public defender

Acting as his own lawyer didn’t work well Thursday for Nicolaus Phillips – a judge made quick work of his two pleadings – so the Ottawa man charged in a fatal shooting reversed course and asked for the public defender.

Phillips, 24, of Spring Valley, is charged with first-degree murder for the June 5 shooting death of Eric Clements in Ottawa. Phillips faces up to 85 years in prison, with no possibility of probation, if convicted of using a firearm to kill Clements.

Phillips appeared Thursday in La Salle County Circuit Court for a pre-trial hearing on two motions he drew up himself. In one, Phillips argued police violated his constitutional rights during a traffic stop, following which he was detained on suspicion of murder.

Phillips said police had no probable cause to search the car – “There was no odor of cannabis,” he said in open court – and the duration of the stop exceeded the infraction (following too close) for which he was pulled over.

In the second motion, Phillips argued prosecutors indicted him on a murder charge primarily on the testimony of Chastity Furar, who also is charged in the slaying, and called into question her mental health and reliability of her statements.

Chief Judge H. Chris Ryan Jr. threw out both motions. Phillips, according to state filings, had been developed as a suspect in Clements’ death well before the traffic stop. As for Furar, who also is charged with murder, a mental health evaluation revealed she was fit for trial.

After the twin setbacks, Phillips decided to move forward with court-appointed counsel rather than with trying the case himself. Immediately after Ryan’s denials, Phillips asked for the services of the public defender.

Ryan approved the request but let Phillips’ pending court dates stand for time being. Phillips will return to court Sept. 7 for appearance with counsel, at which time his Sept. 18 jury trial likely will be continued to give his lawyer time to prepare.

Furar, 21, of Spring Valley (also listed in Ottawa), will next appear Sept. 1 in a separate courtroom. Although Phillips is alleged to have fired the fatal shot, Furar faces an extended term up to 75 years for allegedly driving Phillips to and from the crime scene and supplying the weapon.