John Dwight Phillips appears before Judge William T. Boyett in Murray County, Ga., Superior Court on Monday for jury selection. Phillips is charged with homicide in the beating death of his mother's boyfriend, Tommy Walraven, during a drunken argument on Christmas day last year.CHATSWORTH, Ga. - John Dwight Phillips, the man who beat his mother's boyfriend to death last Christmas, will go to prison for up to 10 years.
A Murray County jury found Phillips guilty of involuntary manslaughter after deliberating for about 1- 1/2 hours Wednesday evening, the second day of a trial that pitted the testimony of a mother against her son. Phillips, whom deputies led out of court in handcuffs, will next appear in court on Nov. 12 for a hearing to determine specifically how long he will go to prison.
Involuntary manslaughter convictions carry a sentence of 1-10 years.
On Christmas morning, Phillips got into an argument with his wife. He then visited a friend, drank 15-20 beers, told his family he was going to kill himself, drove home, fired a shot at a dog in his front yard and drove to the Smyrna Church Road home of his mother, Terry Lynn Welch.
There, he got in an argument with Tommy Randall Walraven, Welch's boyfriend of 13 years. Walraven, 62, told Phillips to leave. Phillips told Walraven to leave. During the argument, police say, Walraven grabbed a shotgun and shoved it into Phillips' stomach.
Phillips pushed Walraven across the room and began punching him. Welch took the gun away, but Phillips continued to hit Walraven. Phillips said Walraven tried to gouge his eyes.
Welch said her son stood over her boyfriend, punching him. Six hours after the fight, she called 911. She said Walraven was passed out on the floor, lying in his own vomit. He never regained consciousness and died on Dec. 27.
On Wednesday, attorneys on both sides of the case told the jury that a conviction hinged on two things: Was Phillips defending himself, and when does a fight actually end?
Phillips' lawyer, Rex Abernathy, said during his closing argument that his client had no choice but to fight Walraven. He didn't know Walraven's gun was empty. He thought he was going to die.
"My client had every reason to fight," Abernathy said. "I'm sorry it ended the way it did, but that doesn't make it a crime."
And once the fight started, Abernathy said, Phillips had to keep fighting: "How do you end a fight? You win it or you lose it. ... You can't quit until it's over."
Conasauga Judicial Circuit District Attorney Bert Poston countered both of Abernathy's points. He told the jury that Walraven didn't start the fight by hitting Phillips with the shotgun. Poston said Phillips started the fight by arguing with Walraven. He told the jury that Walraven grabbed the gun because Phillips was actually threatening him.
"That's not about the gun," Poston said. "That's about (Phillips) being drunk and angry at the world."
And even if Walraven started the fight, Poston said that Phillips didn't have to continue fighting. Welch told the police after her boyfriend died that Walraven had told Phillips he wanted to stop fighting. After that, according to Welch's testimony, Phillips stood over Walraven and punched him at least once.
Despite this, Welch told the jury Tuesday that her son was only defending himself when he punched Walraven.
After the verdict, Poston said Welch's testimony was the key to the case. There were only three people at the scene of the crime. One was the defendant. One was dead. The third person was the defendant's son and the dead man's girlfriend.
"I hate the position this puts her in," Poston said. "She didn't do anything to ask for this. ... I give her credit: As hard as it was, she told the truth."
As the courthouse emptied Wednesday night, Welch and Phillips' wife collapsed into loved one's arms, crying. Abernathy shook his head as he walked out: "Devastating. That's all I have to say."
He said that Phillips should receive a relatively light sentence because he has not been convicted of any other felonies.
Abernathy also plans to appeal because Judge William T. Boyett did not allow the jury to hear evidence showing that a Murray County Sheriff's deputy originally planned to charge Walraven with aggravated assault for the Christmas night incident. Poston said this evidence was hearsay because the deputies barely investigated the case: Their original plan was just their initial opinion.
After most people left the courthouse parking lot Wednesday, Nathan Gaddy stood with his family. Gaddy is Walraven's son, though his stepfather raised him. He and Walraven rarely saw each other, but they often talked on the phone.
Gaddy and his cousin were the only people in the hospital room last December when Walraven died. On Wednesday, he said he appreciated Poston's effort and was pleased with the jury's decision.
He was prepared throughout the trial for the details of his father's death. But one thing took him back: Welch testified on Tuesday that her family loved Walraven more than his own family did.
"I don't know what she's talking about," Gaddy said. "She let him lay there in his own vomit on the floor."
Contact Staff Writer Tyler Jett at tjett@timesfreepress.com or at 423-757-6476.