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Prosecutor: Man shot himself with officer's gun

<p>Magnum E Phillips, Greene County Jail photo July 2014</p>

An investigation of a November shooting by a southwest Missouri prosecutor found that a Springfield man who was resisting arrest used an officer's gun to kill himself, according to a county news release.

The investigation affirms the officer's account of the Nov. 25 incident at the Hillcrest Mobile Home Park, which resulted in the death of 23-year-old Magnum Phillips, the release said.

That night, Officer Kolby Helms attempted to arrest and disarm Phillips, who was armed with a knife, the release said. Phillips grabbed Helms' handgun, according to the release, and the pair struggled over it before Phillips shot himself in the head.

"This case is a stark reminder of the dangers faced by police officers on a daily basis as they respond to domestic violence calls for service and deal with unstable individuals," Dan Patterson said in the release.

In a letter to Springfield Police Chief Paul Williams, Patterson describes Helms responding to a domestic abuse call and wrestling with a "tense and agitated" Phillips who said multiple times that he wanted to die.

The letter said Helms arrived at the mobile home park at about 10 p.m. and was told that Phillips was inside a mobile home and could have a knife.

Helms then spoke with a resident of the mobile home, Amanda Yocum, who thought Phillips was no longer inside, the letter said. According to the letter, Helms noticed a trail of blood in the mobile home's hallway and Yocum gave the officer permission to check inside for another person.

Helms entered the mobile home with his pistol drawn and proceeded to the bedroom, where Phillips stood in a corner with a hand behind his back, the letter said.

Phillips yelled at Helms to get back, then Phillips held a knife to his own neck, the letter said. Helms pointed the gun at Phillips' chest, commanding him to drop the knife, the letter said.

Phillips did not drop the knife, the letter said, and instead yelled at Helms to fire his gun, saying he wanted to die.

According to the letter, Phillips began moving toward Helms, so Helms stepped forward and attempted to disarm him, leading to a struggle on the bed.

Phillips and Helms were wrestling for control of Helms' gun, the letter said, and both men had a hand on the gun when Phillips fired it at his own head.

"Officer Helms attempted resuscitative efforts but the shot was fatal," the letter said.

Witnesses backed up parts of Helms' narrative, according to the letter. Yocum and Yocum's mother were on the scene, Patterson wrote, and both said Phillips was threatening suicide and later heard Helms commanding Phillips to let go of his gun.

However, Yocum told the News-Leader via Facebook that she disputed much of Patterson's letter, including saying that she never let Helms inside the mobile home and never heard Phillips threatening suicide or yelling at Helms to shoot him.

Yocum said Phillips had "problems" but was not suicidal.

She and Phillips were engaged to be married in December, Yocum said.

Patterson, the prosecutor, told the News-Leader Friday afternoon that Yocum's objections don't match what she told police earlier.

"That's inconsistent with her prior statements," Patterson said.

A review of online court records, confirmed by police, show Phillips had a lengthy criminal history that included convictions for unlawful use of a weapon, domestic assault, burglary, drug possession. Phillips was on parole at the time of the incident.

A Facebook page for Magnum "Mag" Phillips stated he was originally from California but, at some point, moved to the Springfield area. The page stated he graduated from Kickapoo High School in 2009.

Helms was been placed on paid administrative leave, per department policy, while the Springfield Police Department conducted the investigation into the shooting. The total pay listed for Helms in 2014 was $30,095.

According to a newsletter from the police department, Helms was listed as a new hire in February 2014.

In a statement posted on Facebook, Williams emphasized the importance of not rushing to judgment in cases like the death of Phillips.

"We often encourage the public to patiently wait for the investigation to be completed and for all facts surrounding the incident to be examined by the prosecutor’s office before drawing their own conclusions about the matter, and the results of this case emphasize how important that is to remember," he wrote.

Photos: STL area mugshots

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