Commonwealth v. Phillips

By Judge William H. Ledbetter, Jr.

In this felony child neglect case, arising from the accidental discharge of a firearm by a child, the defendant seeks to exclude photographs that depict her dreadful housekeeping practices.

Facts

Marie Claire Phillips is charged with felony child neglect under Virginia Code § 18.2-371.1. The basis of the charge is an incident that occurred on September 15, 2001. On that day, Kyle Phillips, Ms. Phillips’ young son, killed himself when he accidentally discharged a loaded and unsecured handgun hanging on a wall in the home.

At the time, Ms. Phillips lived with her…