A murder charge filed against a former Arlington police officer for a fatal shooting that occurred during a slow-speed chase more than three years ago has been dismissed by the Tarrant County Criminal District Attorney's Office.
According to a motion to dismiss obtained by NBC 5, the murder charge against former police officer Robert Phillips was dismissed on May 14 due to prosecutorial discretion. The DA's office said they dropped the charge after a use of force expert reviewed the case.
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WATCH HEREArlington police said in October 2021 that Phillips had been involved in a slow-speed chase with 40-year-old Jesse Fischer, of Addison. Police released body camera and dashboard camera video they said showed Fischer attempting to turn around in a cul-de-sac. In the video, the department said Phillips stopped his police SUV in the middle of the road, stepped out from behind the door, and pulled out his weapon while demanding the driver to stop.
When the driver continued to slowly move forward, the department said Phillips fired several shots into the vehicle.
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SIGN UP Phillips, a 7-year veteran of the Arlington Police Department, was fired two days after the shooting by Arlington Chief of Police Al Jones, who said Phillips violated a department policy limiting when officers may put themselves in the path of a moving vehicle and when they may shoot at a moving vehicle.
"The only time that you should be able to use deadly force is if you are protecting yourself or someone else. In this case, I just didn't get that," Jones said in 2021.
Jones said Phillips had alternatives and that he put himself in a position where he felt like he had to use deadly force. Jones said the officer could have backed up, remained inside his vehicle, or blocked the roadway so it was impassable.
The Tarrant County District Attorney's Office told NBC 5 on Thursday that though a use of force expert agreed Phillips showed poor judgment and violated department policies, a reasonable person would feel it immediately necessary to use deadly force to protect themselves in that situation.
"Upon final thorough review of the case, and through final preparation for presentation of the facts at trial, we met with use of force expert Detective Heath Cook. Detective Cook determined that Officer Phillips violated several department policies and showed poor judgment. However, Detective Cook, our expert, told us that he could see how a reasonable person in that position would feel it is immediately necessary to use deadly force to protect themselves," the DA's office said.
A grand jury indicted Phillips on the murder charge in June 2022. If convicted, Phillips faced between 5 and 99 years in state prison.
After Phillips was fired, the Arlington Police Association and the Combined Law Enforcement Associations of Texas (CLEAT) said he should be reinstated and that the termination was a hasty decision. NBC 5 reached out to the Arlington Police Association on Thursday but has not yet received a reply.
