Posted 1:01 am Wednesday, February 22, 2012
Commissioner, Wife Named In Suit Over Son’s Conviction
By ADAM RUSSELL
Staff Writer
Two Smith County officials were named in a civil petition filed by the victim in a 2011 case that involved their son secretly videotaping a young woman inside his home.
The victim is seeking damages from County Commissioner Terry Phillips, his wife, County Clerk Karen Phillips, and their son Lance Phillips, according to a civil petition filed earlier this month.
In March 2011, Lance Phillips pleaded guilty in the Smith County 114th District Court to a charge of improper photo/visual recording with intent to arouse and gratify, which is a state jail felony. The victim rented a room in a home owned and occupied by Phillips.
Staff Writer
Two Smith County officials were named in a civil petition filed by the victim in a 2011 case that involved their son secretly videotaping a young woman inside his home.
The victim is seeking damages from County Commissioner Terry Phillips, his wife, County Clerk Karen Phillips, and their son Lance Phillips, according to a civil petition filed earlier this month.
In March 2011, Lance Phillips pleaded guilty in the Smith County 114th District Court to a charge of improper photo/visual recording with intent to arouse and gratify, which is a state jail felony. The victim rented a room in a home owned and occupied by Phillips.
Phillips received five years probation and 200 hours of community service. He also was ordered to pay $402.13 restitution to the victim, but was not required to register as a sex offender.
The petition states that Terry and Karen Phillips were negligent and should have known their son “was wholly incompetent and unfit to serve as the property manager due to their knowledge of his multiple prior criminal arrests and other misconduct.”
Phillips pleaded guilty of misdemeanor theft in 2003 and was acquitted of reckless driving in 2002.
The petition states that Terry and Karen Phillips were negligent and should have known their son “was wholly incompetent and unfit to serve as the property manager due to their knowledge of his multiple prior criminal arrests and other misconduct.”
Phillips pleaded guilty of misdemeanor theft in 2003 and was acquitted of reckless driving in 2002.
Terry Phillips called action against himself and his wife “frivolous.” He said he sold the home to Lance Phillips via “owner-finance,” and that the home, its insurance, taxes and the lease agreement with the victim was his son’s responsibility.
“It’s got nothing to do with me or my wife. We will fight it,” he said. “It’s unfortunate that somebody wants to look for deep pockets so to speak.”
Phillips said his son will have to answer for anything he has done. The petition states that the commissioner and his wife should be “vicariously liable” for the unlawful conduct of Lance Phillips in his role as property manager.
The petition requests payment of damages for physical and mental anguish, necessary medical expenses, loss of earning capacity, punitive damages and attorney fees.
Requests for comment by the victim’s attorney were not returned.
“It’s got nothing to do with me or my wife. We will fight it,” he said. “It’s unfortunate that somebody wants to look for deep pockets so to speak.”
Phillips said his son will have to answer for anything he has done. The petition states that the commissioner and his wife should be “vicariously liable” for the unlawful conduct of Lance Phillips in his role as property manager.
The petition requests payment of damages for physical and mental anguish, necessary medical expenses, loss of earning capacity, punitive damages and attorney fees.
Requests for comment by the victim’s attorney were not returned.
