2013-12-03 Turlington

Murder of Eddie Don Turlington – San Jacinto Neighborhood Homicide

Eddie Don Turlington, 53, of Amarillo, was found dead on Wednesday morning in a house at 835 S. Mississippi Street in the San Jacinto neighborhood. Michael Ross Philley (also referred to as Michael Taylor Philley), 25, was arrested and charged with murder in connection with Turlington's death.

Incident

Police arrived at 6:38 a.m. at the house at 835 S. Mississippi Street after responding to a stabbing report. Officers found Turlington's body lying on a floor in the house, and found another man who was then detained.

Justice of the Peace Gary Jackson was called to the scene of the homicide. Officers wrapped yellow crime scene tape around the house and a 2006 Hummer H2 parked in the driveway.^[1]

Amarillo police said Turlington died from blunt-force trauma to the upper body. A preliminary autopsy report released Thursday listed his cause of death as blunt head trauma causing traumatic brain injury.

Investigation

Investigators waited several hours for a warrant to search the home, Potter-Randall Special Crimes Unit coordinator Lt. Erick Bohannon said. Amarillo police obtained the warrant and searched the home about 11:15 a.m.

Bohannon said he had not seen any indication of someone forcing entry into the home, though a neighbor reported that a window screen on the south side of the house was damaged.

Property and Vehicles

Philley owns the house at 835 S. Mississippi St. with Megan Philley, according to Potter-Randall Appraisal District records.

Records obtained online show:

• A 1999 BMW and a 2006 Hummer H2 are registered to Turlington
• A maroon 1996 Chevrolet Suburban parked in the driveway is listed as owned by Ross Philley, whose registered address is the South Mississippi home

Neighbor Accounts

Dee Ealy, 58, lives in the 900 block of South Mississippi Street, and described the man who lives in the home cordoned off by crime scene tape as a "really nice guy." The man lived alone in the house, and a roommate had recently moved out, she said.

Ealy said two men—one of whom drives a Hummer H2 and another who drives a black BMW—started staying at the house around Thanksgiving. She said the man who lives at the house told her the two men were not living there.

Ealy saw a woman at the house on Tuesday, she said. "Her and this guy in the little car (BMW), they seemed to be arguing," Ealy said.^[2]

Arrest and Charges

Michael Ross Philley, 25, was booked into the Potter County Jail on a murder charge and a warrant for assault against a family member, police said.

Account of the Fight

According to court documents, Philley and Turlington got into a fight at a home in the 800 block of South Mississippi Street.

Philley told police that he and Turlington were in a fight that started in the bedroom of the home and moved to the living room. According to Philley, Turlington was angry and jealous because Philley was in a sexual relationship with Turlington's fiancée.

Philley said that during the fight he retrieved a 9 mm rifle from the dining room. The two fought over the gun, but Philley secured the weapon and used it as a club, striking Turlington in the back and shoulder.

Philley later ran to the bedroom to retrieve a fixed-blade hunting knife from the bedroom. When he returned, Turlington was down on all fours in the kitchen.

Philley admitted to police that he kicked Turlington five to six times in the face until Turlington collapsed. He also admitted to stomping Turlington's back several more times while Turlington was on the ground until realizing that Turlington was unconscious.

Trial and Plea Agreement

An Amarillo man charged with murder in 2013 agreed to a plea bargain that resulted in a 120-day jail term and 10 years of probation.

According to court documents filed on Monday, Michael Taylor Philley, 27, pleaded guilty to a lesser offense of aggravated assault with a deadly weapon.

Philley was originally indicted on a first-degree murder charge in the death of Eddie Don Turlington, 53, during a scuffle at Philley's home. The case was later dismissed and Philley was reindicted on a lesser felony murder charge.^[3]

As part of a package offer, Philley also pleaded guilty to a Class A misdemeanor domestic violence charge and was sentenced to one year in Potter County Jail.

The sentences will run separately.

If Philley violates the terms of his probation, he faces up to 20 years in prison and a fine of $10,000.

Prosecution's Decision

Randall Sims, 47th District Attorney, said factual issues and issues with the autopsy weakened the case, making a conviction unlikely.

"When you're a prosecutor, there will be times that you will have to swallow bitter pills that you don't want to swallow, but you know that will be your only choice," Sims said of the plea agreement.

Sims said the victim's family supported the plea bargain as the best achievable outcome.

"Family members were brought in and talked to about the facts and circumstances of the case," he said. "They agreed with the plea bargain that was reached in this matter."

Case Timeline

• Date of incident: Wednesday morning (stabbing report at 6:38 a.m.)
• Preliminary autopsy: Released Thursday
• Search warrant executed: 11:15 a.m. Wednesday
• Plea agreement: Filed Monday (Philley pleaded guilty to aggravated assault with a deadly weapon)
• Sentence: 120 days in jail, 10 years probation, plus one year for domestic violence charge

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