Guin "Richie" Phillips (1967 – June 17, 2003) was a gay man in Elizabethtown, Kentucky. Phillips disappeared on June 17, 2003. His body was found on June 25, 2003, in a suitcase in Rough River Lake.
Background
On June 17, 2003, Phillips was seen having lunch at a restaurant in Elizabethtown, Kentucky, with a friend later identified by investigators as 21-year-old Joshua Cottrell. Several days later, his truck and other belongings were found abandoned in southern Indiana. A witness later told police she saw Phillips and Cottrell together in Phillips's truck the same day. That was the last time Phillips was seen alive.
Phillips's mother – Marge Phillips – reported her son missing and told police she feared he had been harmed because he was gay.
Discovery and arrest
On Wednesday, June 25, 2003, two fishermen pulled a suitcase out of Rough River Lake, unzipped it and found Phillips's body inside. Phillips was identified by personal items found with the body and a Wildcat tattoo on the shoulder.
On Friday, June 27, 2003, Cottrell, an acquaintance of Phillips's, was arrested and charged with Phillips's murder. Prosecutors announced that they would seek the death penalty in the case.
Trial and testimony
Cottrell was arraigned on June 28, 2005, at the Breckinridge County Courthouse, where he pleaded not guilty to charges of murdering Phillips. He was then held on $500,000 bond.
In October 2003 Cottrell's trial was moved to Hardin County based on forensic evidence that showed Phillips was most likely killed in Cottrell's Elizabethtown hotel room. The change in jurisdiction delayed the start of the trial.
A canceled check introduced into evidence showed that Cottrell purchased the suitcase six days before the murder. Drops of Phillips' blood were found on the bathroom tiles in the hotel. Cottrell's DNA was also found on a cigarette in Phillips' truck. Previously, investigators were unsure whether Phillips had been killed at Rough River Lake, where his body was found, or elsewhere.
In May 2004, the trial was further delayed when Judge Henry Bland ordered a continuance after Cottrell's defense attorney filed new discovery documents. The trial got under way in January 2005, at the Hardin County courthouse.
Friend and family testify
Rob Dewitt, a friend who introduced Phillips to Cottrell three years earlier said that Cottrell bought a set of luggage at the Elizabethtown J. C. Penney. Cottrell told Dewitt that he was planning to travel. Dewitt testified in court that he told Cottrell that Phillips was attracted to him, and that Cottrell said he would "cold-cock" Phillips if he ever made a pass at him. Dewitt also testified that he had never seen Phillips act in an aggressive manner.
Cottrell's aunt – Wendy McAnly – testified that Cottrell confessed to the crime more than a week earlier, but his family didn't believe him. Cottrell's aunt and cousin testified that he had planned to kill Phillips because he was gay, and had lured Phillips into his hotel room where he hit and strangled him.
McAnly said that Cottrell invited Phillips to his Elizabethtown motel room. When Phillips arrived, Cottrell asked if Phillips liked him without his shirt, and when Phillips said yes and touched him, Cottrell put him in a headlock and choked him.
Cottrell's cousin – Tara Gaddie – testified that Cottrell arrived at her home in Phillips' truck after disposing of his body in Rough River Lake, and answered "He's gone. He's dead," when she asked him what he'd done. Gaddie also said she never heard Cottrell talk about strangling Phillips or use derogatory terms to describe him.
Cottrell's testimony
In court, Cottrell testified that after he drove Phillips around Elizabethtown looking for a job, Phillips came into his motel room uninvited, tried to kiss him, and attempted to force him into oral sex. Cottrell then put Phillips in a headlock, pulled him to the floor and "started hitting him as hard as I could, as many times as I could."
When he realized Phillips was dead, Cottrell says he panicked and put his body into the suitcase, which he said in court he'd brought to haul his belongings as he drifted between motel rooms and friends' houses.
"Gay panic defense" Cottrell's defense attorney employed what is called a gay panic defense, arguing that Phillips's own actions "led to a chain of events that caused his death, " and that Cottrell was within his rights under Kentucky law to fight back to protect himself from being raped, including use of deadly force if necessary. "But what set it all in motion, he was privileged to do," Drabenstadt said. "What set it in motion were the actions of a 36-year-old man."