Smith County Deputy Chief Sheriff testifies on second day of trial of commissioner's son

TYLER, Texas (KLTV) – A Smith County jury has found Lance Phillips, 41, son of County Commissioner Terry Phillips and County Clerk Karen Phillips, guilty of obstruction of justice. He was sentenced by the jury to one year in prison and a $4,000 fine, the maximum for that charge.

The jury took just over two hours to impose the sentence.

Lance is accused of obstructing proceedings through disorderly conduct following an incident during a Commissioners Court meeting in January. Franklin ordered Phillips removed from the courtroom after Phillips allegedly failed to stay on agenda during the public hearing.

The jury took 13 minutes to reach a verdict.

In the court of inquiry video and the deputy's body camera, Phillips can be seen beginning to speak at the podium before being interrupted by Franklin. Phillips was scheduled to speak about overtime pay related to the Smith County District Attorney's Office.

Phillips began talking about an alleged investigation into the Smith County investigation that had been ordered by a Smith County judge.

District Judge Neal Franklin took the stand again to testify on Tuesday.

“I concluded that he had completely gone off topic. The only thing he had said was 'district attorney,' and it was only because the word 'district attorney' was in there that I concluded that he had gone off topic,” Judge Franklin said.

Phillipp's lawyer argues that he is on topic because he spoke on behalf of the prosecution.

Chief Deputy Gary Pinkerton of the Smith County Sheriff's Office testified for the state, as he was present at the incident in Commissioners Court and spoke about the deputies' actions.

“Would he have been allowed to remain in the courtroom after leaving the podium if he had remained quiet throughout the rest of the session?” the State asked.

“That’s right,” said Pinkerton.

Pinkerton also said that Phillips fell from his seat to the ground when officers tried to restrain him.

The defense did not call any witnesses.

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