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Shooting of officer 'was very quick, totally unexpected'

Posted to: Crime News Virginia Beach

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Video: Press conference on shooting
Steve Earley | The Virginian-Pilot

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The shooting scene, witness report
Arraignment for suspect Carter
Arraignment for suspect Moyd



Broken glass marks the scene where a Virginia Beach police officer was killed late Thursday night in the Green Run section of the city. (Steve Earley | The Virginian-Pilot)



Ted Vincent Carter (arraignment video)

Marshall Demetrius Moyd (arraignment video)


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VIRGINIA BEACH

Detective Michael Smith Phillips sat in a pickup late Thursday night, trying to buy a half-pound of marijuana from the suspected drug dealer sitting next to him. Less than 100 yards away, fellow officers kept watch.

Suddenly, another man walked to the pickup and began firing, Virginia Beach Police Chief Jake Jacocks said Friday. Phillips, 37, armed but not wearing a bulletproof vest, took three shots to the torso and was pronounced dead at the scene.

Police swarmed through the parking lot of Green Run Square Shopping Center, between the 7-Eleven and the Fat Mikes hot dog stand in the 3300 block of Holland Road, stopping one suspect who tried to drive off, Jacocks said.

According to the chief, the suspected shooter was arrested as he hovered over Phillips' body and attempted to steal the undercover officer's cash.

"It all went as it was planned to go up until the shots were fired. It was very quick, totally unexpected," Jacocks said.

Police said they arrested Ted Vincent Carter, 23, and Marshall Demetrius Moyd, 26, both of the 900 block of S. Club House Road. They were arraigned Friday in separate three-minute hearings before General District Court Judge Teresa N. McCrimmon on charges of first-degree murder, use of a firearm in commission of a felony and violation of the Drug Conspiracy Act.

Each declined a public defender and was ordered to appear in court Aug. 22 to say who would represent them. A preliminary hearing is scheduled for Sept. 19. The suspects are being held without bond at Virginia Beach Correctional Center.

Moyd had been released from the Virginia Beach jail just hours before the shooting Thursday. He was arrested Tuesday on a charge of failing to appear in court, according to court and jail records. At 4:55 p.m. Thursday, he posted a $1,300 bond and walked out, sheriff's office spokeswoman Paula Miller said.

Moyd told an investigator, according to a search warrant affidavit, that he and Phillips spoke by phone to set up the marijuana deal.

Moyd said he picked Carter up at his house, on S. Club House Road, where he had the marijuana, a shotgun and a handgun.

The affidavit alleges that at 11:14 p.m. Carter fired the shots that killed Phillips. Court records show Moyd was convicted six years ago in Norfolk of firearm and marijuana possession charges.

Carter was convicted two years ago in Virginia Beach of carrying a concealed weapon. His father, Theodore V. Carter, is serving life in prison for the fatal shooting of a Wachovia Bank employee in 2005, according to court records and Commonwealth's Attorney Harvey Bryant.

The search warrant affidavit also says that after being arrested, Carter called his mother and asked her to get rid of a firearm he had at home.

Police searched the townhouse less than a half-mile from the shooting early Friday and seized what they believe to be crack cocaine, a 12-gauge shotgun, various types of ammunition, a bulletproof vest and computer equipment, according to police and court records.

No one answered the door of the unit Friday. Diane LeBray, who lives next door, said the shooting did not fit Carter's character.

"He was playful with all the kids," she said. "There's nothing bad I can say about him. This is not him."

She said Carter worked the night shift at an Oceanfront motel.

Jacocks said Phillips and other officers followed proper department policies and procedures, but officials are reviewing those standards.

It was the first time a Virginia Beach police officer has been killed in an undercover operation, police said. Phillips is survived by a wife and two sons, ages 7 and 10.

At Phillips' two-story home in Chesapeake, police from that city and Virginia Beach took turns patrolling the front of the house. They said family members were not ready to talk.

Neighbors also declined to be interviewed, citing the wishes of Phillips' widow, Terri.

Phillips served in the Air Force from 1990 until 1994. In 1999, he began working as a patrol officer with Hampton Police Division. Three years later, he joined the Virginia Beach department. He had spent two years in Special Investigations.

The last Beach police officer to die in the line of duty was Rodney F. Pocceschi, 33, who was killed five years ago on Dam Neck Road during a shootout that had begun as a traffic stop. On Friday, Virginia Beach police wore black bands across their badges, which will remain until after Phillips' funeral.

A celebration of life for Phillips is scheduled for 1 p.m. Tuesday at Rock Church in Virginia Beach.

Pilot writers John Warren, Cindy Clayton and Duane Bourne, and news researchers Maureen Watts and Jakon Hays contributed to this report.

Shawn Day, (757) 222-5131, shawn.day@pilotonline.com

Aaron Applegate, (757) 222-5555, aaron.applegate@pilotonline.com



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So Glad Va supports the death sentence

Because both 'suspects' deserve it.

To the family, I am sorry for your loss. Anyone who puts themselves in harms way to protect those who cannot protect themselves is a hero. Such is the case with this officer.

I hope!

Hopefully, by attempting to rob the officer, Carter has earned the opportunity to join death row. First degree murder won't get him there and since the officer was not in uniform, they probably cannot charge him with the killing of a police officer.
I hope the indictment will change to Capital Murder.

Pathetic use of a tragedy to post political agenda

Chris33, you should be ashamed of yourself, using this terrible tragedy as a platform to spew your slanted political agenda. I am a former police officer and am intensely disgusted by you and your comments.

My thoughts and prayers go out to the Virginia Beach Police and most of all to the family who has lost an honorable man, husband and father.

To chrisd57101 I would say...

Marijuana can't harm you like real drugs.

I wonder if Mike Vick would agree with that idea-afterall, it was for "a little Marijuana" that Mike Vick's cousin was being sought out that toppleed him, sening him to jail and costing him a multi-million dollar football career.

I also wonder if the family of the slain Detective would agree that "marijuana can't hurt you"......

I'll bet they don't.....

The murder was what?

Totally fast I can buy because it only takes a second to kill someone with a gun but, unexpected? Just look who you are dealing with! How can you say anything is "unexpected"? Don't try to sensationalize something using the wrong descriptors.

No convenience store clerk has been killed for cigarettes?

Cigarettes, lotto tickets, beer, candy, the cash on hand to go buy beer, cigarettes, candy, drugs. That's why clerks are robbed and killed all the time. And sometimes police are killed responding to those crimes. As well as innocent citizens. That won't stop if drugs are legalized. The criminal element doesn't want to work, they want things for free, often things other people have.

Enough!

I'm tired of the pro/anti drug and gun comments that have been posted here. I thought we were above that kind of crap on this board.

A law enforcement officer in my town has died in the line of duty. Yes, he is a hero; he had an undercover job...the most dangerous assignment he could get.

Let him be mourned, and his memory be celebrated.

Let's stop with the drug and gun posturing. Give his family, friends and fellow officers some peace and respect.

Enough!

Another gun-hater exploits a police officer's death.

Wrong again, Chris. The gun-hater falsehoods perpetuated are disproven by facts from the National Safety Council (an international not for profit public service organization) statistics. This is the total of certain types of unintentional deaths for 2006: Poisoning 25,300 deaths 8.5/100,000 population. Falls 21,200 deaths 7.1/100,000. Drowning 3,800 1.8/100,000. Firearms 680 0.2/100,000--in the bottom of causes tracked. Unless you're a victim of a crime or shot by a citizen, the police or you're a criminal shot by a criminal, having a gun in your home doesn't make you more likely to be shot. Not having a gun to defend yourself certainly can get you killed by a criminal--all they need is their fists and feet to do it, too. You can ask the criminal to let you dial 9-1-1 first--they'll be done before the police get there. The gun-haters are still stinging from their loss in the Supreme Co

War on Drugs?

A war on drugs like crack, cocaine, and heroin is one thing, but the war on marijuana is just plain stupid. Marijuana can't harm you like real drugs. The perpetrators here were just bad people that made a living on real drugs, and marijuana is just part of the selection. I don't know what world johnl20927 lives in, but I haven't heard of any cops getting killed over a "bad cigarette deal". These guys know they're not going to make money on legal substances. If marijuana were legal the police could spend more time on the the illegal drugs that do real harm to people and society. I'm sure that johnl20927 is a good person, but because he has never smoked marijuana, he automatically puts people that do into the dark world of "drugs". The truth is John that somebody you know, work with, and like probably smokes marijuana, and you don't even know it. Sometimes dealing with people like these killers are the

To Detective Phillips' family

May God comfort you and yours as you deal with your loss. There are no words from strangers capable of lessening the anguish. Know that this officer, like most, knew the risks and went to work anyway. That makes him a hero. People like him make the world better than it would be for the rest of us, and we should celebrate his life as an example of how we are supposed to be.

One million Americans killed by guns since 1960

We lead the industrialized world in gun deaths. Why? Because America is awash in guns. If you own a gun you or a member of your family is 3-5 times more likely to die a gun death.

You may think you're a good talker but you're wrong on this.

Killing and crime would NOT stop if drugs were legal. Cars, big-screen TVs, ATHLETIC shoes, I-Pods even lotto tickets and cigarettes are all LEGAL and people rob, stab, shoot and kill to get them all the time. Criminals don't want to work--they want to steal and get things for free. That applies to legal products of all kinds. Compound that with addiction to a drug (physical or psychological) and you have a society that would be out of control.

Another victim of the idiotic "war on drugs"

All levels of government that support this and other ridiculous prohibitions are to blame. The only reason marijuana sales are so lucrative is the government refuses to participate in the taxing of it and they don't like competition. Why do we tolerate sacrifice of our public servants in meaningless operations fostered by corrupt federal administrations.

And Chris33...

...many TENS of millions of honest, law-abiding American citizens have DEFENDED their lives with guns since 1960. Don't forget the people killed in your "million dead" number include criminals shot by citizens, police and other criminals. Sorry you're still upset about losing the Heller Case in the Supreme Court. God Bless the officer and his family. Now, let's hope these criminals face proper justice this time instead of getting off with a light sentence like the apparently did in the past.

Arrangements:

Visitation, Rock Church, Monday August 11, 5-9 PM.

Funeral Services, Rock Church, Tuesday August 12, 1 PM

Legalizing will not work

If drugs become legalized then many of you are correct in that they would not be a lucrative product for criminals to deal in. So, they'll find something else to deal in, but they will still be criminals, they will still commit crimes and they will still shoot each other and shoot cops. Ok, so they repealed the prohibition and cops didn't die at the hands of bootleggers, they died at the hands of drug dealers. Legalize drugs and cops will die at the hands of criminals for something else. Get real. legalizing drugs will NOT take criminals off of the streets. Criminals are criminals and they are looking for a quick monetary score. As long as there are criminals, you can legalize anything you want, but there will still be shootouts with cops over whatever the quick buck is at the moment.

This was too big of a

Loss for a cpl hundred bucks of pot--Sheesh... Why didn't the cops know better?

Very sad and no doubt will be hard on the kids of the officer.

No agenda here, just a sad day.

I would like to say I am very sorry for the death/murder of Police Officer/ Detective Michael S. Phillips. Everyone should take 5 minutes to focus on their own lives on how you can better yourself and society.

Guns - what's your point

Chris,
I don't get your point? According to VDOT, a little over 1,000 people died and almost 69,000 people were injured on Virgina roads - just in 2007. Now is not the time for agenda diatribes.

This article is about a brave officer doing a tough and dangerous job most folks (me included) don't have the courage to perform.

Missing the point

This is not about legalizing drugs. This is not about illegal guns. This is about a police officer who lost his life doing his job trying to protect our society, children, families, etc. I suggest people quit using their political platforms to further their interests. Offer your sympathy and condolences instead.

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