Man sentenced in 2013 homicide case

Excerpt

An Amarillo man charged with murder in 2013 agreed to a plea bargain that resulted in a 120-day jail term and 10 years of probation.
According to a court documents filed on Monday, Michael Taylor P…

An Amarillo man charged with murder in 2013 agreed to a plea bargain that resulted in a 120-day jail term and 10 years of probation.

According to a court documents filed on Monday, Michael Taylor Philley, 27, pleaded guilty to a lesser offense of aggravated assault with a deadly weapon.

Philley was originally indicted on a first-degree murder charge in the death of Eddie Don Turlington, 53, during a scuffle at Philley's home. The case was later dismissed and Philley was reindicted on a lesser felony murder charge.

As part of a package offer, Philley also pleaded guilty to a Class A misdemeanor domestic violence charge and was sentenced to one year in Potter County jail.

The sentences will run separately.

If Philley violates the terms of his probation, he faces up to 20 years in prison and a fine of $10,000.

Randall Sims, 47th District attorney, said factual issues and issues with the autopsy weakened the case, making a conviction unlikely.

"When you're a prosecutor, there will be times that you will have to swallow bitter pills that you don't want to swallow, but you know that will be your only choice," Sims said of the plea agreement.

Sims said the victim's family supported the plea bargain as the best achievable outcome.

"Family members were brought in and talked to about the facts and circumstances of the case," he said.

"They agreed with the plea bargain that was reached in this matter."

According to court documents, Philley and Turlington got into a fight at a home in the 800 block of South Mississippi Street.

Philley told police that he and Turlington were in a fight that started in the bedroom of the home and moved to the living room. According to Philley, Turlington was angry and jealous because Philley was in a sexual relationship with Turlington's fiancee.

Philley said that during the fight he retrieved a 9 mm rifle from the dining room. The two fought over the gun, but Philley secured the weapon and used it as a club, striking Turlington in the back and shoulder.

Philley later ran to the bedroom to retrieve a fixed-blade hunting knife from the bedroom. When he returned, Turlington was down on all fours in the kitchen.

Philley admitted to police that he kicked Turlington five to six times in the face until Turlington collapsed. He also admitted to stomping Turlington's back several more times while Turlington was on the ground until realizing that Turlington was unconscious.

An autopsy revealed Turlington died from blunt head trauma causing traumatic brain injury.