Defendant Sentenced to Maximum Prison Time for Taking Pistol into Mexia High School
On July 27, 2023, 87th Judicial District Judge Amy Thomas Ward sentenced Jayden Phillips to ten years in the Texas Department of Criminal Justice for taking a pistol into Mexia High School and discharging it on school property. The incident took place May 16, 2022. Phillips had taken the Glock pistol into a bathroom at the High School and at approximately 11:15 a.m., the Mexia Police Department received a call that shots had been fired at the school. Phillips told investigators that he accidently discharged the weapon while in the men’s bathroom and hid the firearm after returning to his classroom. According to reports, there were several other students in the bathroom when the shot was fired. Mexia High School, along with all MISD campuses, went into lockdown. Eleven different law enforcement agencies ultimately responded to the Mexia Schools. Phillips was arrested and charged with Places Weapons Prohibited for bringing the firearm into the school building, and Tampering with Evidence for hiding the firearm. Both charges are 3rd degree felonies, carrying a term of not less than 2 years nor more than 10 years in the Texas Department of Criminal Justice; in addition, a fine of up to $10,000 can be assessed. In Texas, if a defendant has never before been convicted of a felony, they can request the Court to be placed on probation.
A Limestone County grand jury indicted Phillips on October 19, 2022. Phillips chose to enter an “open plea” of guilty to both charges. Unlike a “plea bargain” scenario where a sentence is agreed upon by the prosecutor and defense attorney, an “open plea” means that the defendant pleads guilty, but the defendant’s actual sentence is not agreed upon. It is up to the trial court to determine what the defendant’s sentence is after holding a punishment hearing. At this hearing, both the prosecutor and the defense attorney have the opportunity to put on evidence for the Court to consider before deciding the appropriate sentence for the defendant.
During the sentencing hearing held Thursday afternoon, July 27, 2023, the State called three witnesses: Brandy Agnew of the Limestone County Community Supervision Department, Mexia ISD Superintendent Ryder Appleton, and Mexia High School Principal John Griggs. Agnew had conducted a presentence investigation report (PSI) on Phillips for the Court. PSIs are ordered to present the Court with information to consider about the offender’s life and character. It also allows the probation officer to give the court input on the possible sentence and make recommendations for conditions of probation, if applicable. Superintendent Ryder Appleton and Principal John Griggs were both present at Mexia High School the day of the offense. That day, in addition to over 500 students and 100 faculty and staff being at the school, between 100 to 200 visitors were also present for senior awards day. Appleton and Griggs gave compelling testimony of the incident and how it has impacted, and still impacts, MISD. They testified that every student had to be patted down, and escorted from each campus of MISD by an armed officer. Metal detectors have been installed at the high school and junior high campuses, with metal detectors planned to be placed in the elementary school for the upcoming school year. Counselors were provided by MISD, as well as the local Ministerial Alliance to students who felt the need to discuss this situation the defendant put them through by his actions
In addition to the offense reports of the incident from Mexia Police and Limestone County Sheriff’s Department, the State introduced photographs of the classroom where the defendant had been prior to and after the gun discharge in the bathroom. After returning to the classroom, the defendant hid the handgun. A video recorded statement of the defendant, taken by MPD officers and federal Alcohol, Tobacco and Firearm (ATF) agents from Waco was introduced. The recovered Glock pistol, which was loaded with 40 caliber ammunition, and the spent projectile, which was recovered from the bathroom wall the next day by investigators were also introduced as exhibits. The State then rested its case.
The defense called Phillips’ father, Phillips’ grandfather, and the grandfather’s former partner to the stand, as well as introducing a psychologist’s report that was performed on Phillips. All of the defense witnesses testified that Phillips was a good person in their opinion. On cross examination, all of the defense witnesses stated they were unaware of Phillips past history of selling drugs and guns, which Phillips admitted to in his video recorded statement.
After hearing the evidence, Judge Ward assessed Phillips’ punishment at 10 years in prison for the Places Weapons Prohibited and 10 years in prison for Tampering with Evidence, which was the maximum sentence available for both offenses. The sentences will run concurrently. Phillips, who is 18 years old, will be eligible for parole when his actual time in TDCJ, along with any good conduct time earned, is equal to 25 percent of his sentence.
County Attorney Roy DeFriend stated “While thankfully there were no physical injuries or loss of life in this case, I believe the Judge Ward’s maximum sentence is in part because she recognizes the severity of this situation and the fear and anxiety it caused MISD students, staff and parents, who were anxiously waiting for their loved ones to be escorted out of their schools.”
DeFriend also stated “the Defendant’s video recorded statement provided perhaps the most compelling evidence into the Defendant’s mindset and his actions. In that interview, Phillips describes the he possessed the gun for protection. Upon being asked why he needed protection, he admitted that he sells marijuana, as well as guns. Phillips, who does not drive, described going to such places as Waco, Navarro County and Fort Worth to sell firearms. In his statement, Phillips told officers he had made over five thousand dollars selling firearms. Phillips had posted at least two photos of himself posing with pistols to his Instagram account. Phillips was 17 years old at the time of the offense, and not old enough to legally purchase a rifle or shotgun, much less a handgun. It was fortunate that none of the other individuals in the bathroom that day were struck by the bullet, which made a hole in the bathroom stall at about chest height and lodged in a tile wall about eight feet off the ground. With a new school year looming, this is a good time to remind parents and guardians to be mindful of your student’s social media accounts and cell phones, as well as what may be present in students’ backpacks and cars.
County Attorney Roy DeFriend and Asst. County Attorneys Jeff Janes prosecuted the case. Judge Amy Thomas Ward, Judge of the 87th District Court, presided.
The County Attorney's office wishes to express its thanks to the Mexia Police Department, Limestone County Sheriff’s Department, Constables, Game Wardens, ATF, Texas DPS troopers, Texas Rangers, McLennan County SWAT team and many others responded to the scene. Having been out on bond since his arrest, Phillips was transported to the Limestone County Jail where he will be held until transported to the Texas Department of Criminal Justice.
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