Phillips was the 12-year-old boy who was fatally Mar 08, 2019 A St. Lawrence County prosecutor says there's a new tip in the Garrett Phillips murder case. Genre: Documentary. However, at 6:24pm, Nicks daughter texted her dad asking what was for dinner, despite having told the police Nick was home with her at the time of the murder and they had talked about dinner. David SommersteinGroups call for independent probe of Garret Phillips murder. And while the killer of the 12-year-old boy could still be on the loose,. Fast forward to October 24, 2011. As least, thats what many may hope after the new St. Lawrence County district attorney admitted a new tip earlier this spring. "I dont know that its fair to them to keep reliving it unless something new or different happens. "To keep dredging up that case and to continue to put people in the spotlight who Im sure dont want to be in the spotlight like Garrett Phillips family," Pasqua said. Chronicling the five years after the murder, the film is an eye-opening look at how justice is delivered and delayed. The police asked him why he turned the opposite way. Prosecutors also referenced two interviews Shanna-Kay gave in 2014 and 2015 in both interviews, she said she ate dinner at 6pm. It would take 18 more months for any more information about what happened to Garrett would come to light. Theyre Aug 17, 2020 Advocates for the wrongfully accused are trying to draw new attention to the murder of Garrett Phillips in Potsdam nine years ago. Jones said he had had a "civil" conversation with Hillary in front of Hillary's home, but Hillary did not categorize it that way. 24. Yard signs like this were planted across St. Lawrence County to keep the case in the public eye. Tandy said she broke up with Nick because Garrett didnt like him. Trainum has an extensive background workingon cases himself. I mean this is something that like is stated in the documentary, he explained: For 20 years I spent building my entire legacy up until that point and within 20 minutes they destroyed., Hillary added: Up to a point now Im trying to clear the rubble in the process of hoping to rebuild.. Variety is a part of Penske Media Corporation. Police soon said it was a homicide. His rip stick was neatly propped up against the wall. Phillips was convinced police had the right suspect, but he felt it was time to move on and it became clear that law enforcement wanted to move on, too. and our Who Killed Garrett Phillips? airs July 23 and 24 on HBO. She was raising two boys, he had three kids from a past relationship. Garrett was found unconscious in his home and died that night due to injuries inflicted by a yet unknown perpetrator. It's about the unsolved October 2011 murder of a 12-year-old boy, Garrett Phillips, who was strangled by an intruder while he was home alone in the Potsdam, N.Y., apartment he shared with his . Text. And Nick doesnt have any of that right now. -- It was Oct. 24, 2011, when 12-year-old Garrett Phillips was found strangled to death inside his home in Potsdam, New York, a small town near the Canadian border. Because we werent gonna get justice for him.". Nick also denied this ever happened. When he arrived back home to the second-floor apartment he shared with his mother and younger brother , someone would strangle and suffocate the life out of the boy. premieres on HBO on Tuesday, July 23 at 8/7c. Tonight, ABC News and Dateline will both investigate the 2011 murder of Garrett Phillips. His white mom names black ex-boyfriend Nick Hillary as most likely to kill Garret. About his hitch in the U.S. Army. "Theoretically, the person making this jump is waiting," he said. After Garrett is seen turning towards his house, the car is seen following him. He said he had gotten it a week ago from moving furniture. A lot of people discredit The Choke Out Theory, but after digging in to find something else other than tips called into the Potsdam Police Department I have tracked down this article that the DA's office has been looking into. They said that he had a limp in his right leg, however, the video is grainy and I didnt see any limp. "We weren't thinking it was a homicide immediately, but something had happened. The police also noticed Nicks ankle was swollen and he had an abrasion on his ankle. Today, Garrett's mother's ex-boyfriend, Nick Hillary, was found not guilty in the boy's murder. Then, ABC News 20/20 will interview the accused ex-boyfriend of Phillips mother, Oral Nick Hillary, for the first time since he was acquitted two days ago. At least one of them had talked to police back in 2011, and their story did not add up. https://www.nny360.com/news/new-leads-surface-in-phillips-murder/article_129462bd-bed2-53ab-b550-39d06dfacc74.html. However, Postdam is apparently really small, so if you go a different way it doesnt take long to be back where you started. Jones essentially told the players . Still, hed urge every black person in America to see the movie., We can change how black people deal with the system, Tafari says, so they understand that when it comes to law enforcement, you are going to be the subject of their suspicion and you should learn that cooperation could dig your own grave.. Again, this doesnt really prove anything. In a complaint filed to the county attorney's office, Hillary claimed that Jones "trailed [him] home in his truck" in September 2010, then knocked on his door to ask him about his "romantic relationship with a certain individual." Hillary has adamantly denied the charge, saying from day one he was innocent. They called 911 around 5:08pm. This case is about a murdered 12 year old and the polices tunnel vision against one suspect. Also pictured is his defense team, Norman Siegel, left, Edward Narrow, right center, and Earl Ward, right. It doesnt say what his relationship was like. Prosecutors have also said they will not reopen the investigation. Privacy Policy. He looked like he was sleeping.. One DA declined to pursue an indictment and was eventually voted out of office. Garrett Phillips was strangled in his family's second-floor apartment in upstate Potsdam in October 2011. For more information, please see our I needed someone trained to put their emotions to the side., Oral "Nick" Hillary, center, hugs defense attorney Edward Narrow after being found not guilty in the murder of Garrett Phillips on Wednesday, Sept. 28, 2016, in Canton, N.Y. (Jason Hunter/AP). He would be both judge and jury in what's called a bench trial. Phillips refused to make an example out of anyone. The police found Garrett laying motionless. ", "That day, I pulled the sign out of my yard. 2023 Variety Media, LLC. The judge dismissed most of the claims, but some are still ongoing. We reached out to Murray this winter ask how hes handling the investigation, but he declined to comment. At that point "we weren't sure what we had," Murray told "20/20." Garbus credits the dogged local reporters who wouldnt let up on the case for bringing it to the larger attention, including her own. There was a blue car that the police zeroed in on. But at around 5 p.m., when the murder is estimated to have occurred, no one saw anyone jump or flee from the building. There is only one door to the apartment. The police had a theory about the motivation, a story about obsessive love gone wrong. There are no clues as to who killed Garrett. Nick was deposed for the suit. Nick tried to leave for work, and the police blocked the door. Dateline's been covering the case of Garrett Phillips for over a year. I was in complete shock, she told ABC News. The accused was Nick Hillary, 37 years old at the time of the boy's death. Weve been covering the case for over a year. "It was over five years whether it was selling stickers, selling T-shirts, [raising money for] the reward, " Brian Phillips said in an interview with NCPR last week. Do Not Sell/Share My Personal Information. He was 12. They immediately called an ambulance. For five years my family and I have been livin underneath this cloud, said Nick. His mother's ex-boyfriend, Nick Hillary, was found not guilty of the murder just over two years ago in a. His arms were at his side and his legs close together. Jones was briefly a suspect in the murder as well, though he didn't receive nearly the same level of scrutiny that Hillary did. On the last day of his life, he went home after school and was home alone where he should have been safe, but apparently wasnt. But in a county thats population is more than 90% white, the killing of a child -- a crime that screamed out for justice -- became an investigation that boiled with questions of racial fairness. First, why the actual eff was he allowed to be in the interrogation room with Tandy? A St. Lawrence County prosecutor says there's a new tip in the Garrett Phillips murder case. The police wanted to locate Garretts family and tell them what had happened. Director Liz Garbus is pictured in an undated photo. He added: "It was definitely frustrating. Hillary does not shy away from the scrutiny the film will bring, saying his ordeal will have had purpose if it saves others from similar mistreatment by law enforcement. Where was he on the day of the murder? As least, that's. Apparently, the town of Potsdam is split about if Nick is guilty or innocent. The lawn signs of a grinning 12-year-old boy demanding Justice for Garrett remain scattered around the town. This video proves nothing. Hillary got back with Lee after the death of Phillips, the New York Times reported in 2011. "Oral Hillary will face that for the rest of his life unless the true perpetrator is found and held accountable," Bastuk said. When asked if it was under investigation, Pasqua responded: "I think that's safe to say, yes.". His brilliant field leadership at St. Lawrence, next door to Potsdam, had made him a college All-American. The lawsuit alleged that Hillary's civil rights had been violated during his trial. Reddit and its partners use cookies and similar technologies to provide you with a better experience. He loved sports, being with his friends and ripsticking (kind of like skateboarding, but your back leg always moves). "Thats not gonna change.". Dateline's been covering the case of Garrett Phillips for over a year. You would send a wave of evidence, you know, expecting a probative piece of DNA, or fingerprint or a hair or fiber then just not getting that. In most cases, there's a hierarchy. He was, they said, the only person in town with a grudge against Garrett, blaming him, the family argued, for the break-up of his relationship with Tandy. Trainum is part of a growing movement that encourages police and prosecutors to check their work with these reviews. Following this, Hillary was then indicted for murder in the second degree, spending 70 days in prison before he was released on bail. An officer arrived on the scene and found 12-year-old Garrett . They tried to revive him, but he was pronounced dead at the hospital around 7pm. Its no secret how police usually do their work. The boy in the security video was 12-year-old Garrett Phillips. Photo: Brit Hanson, Brian Phillips pushed hard to get a resolution to his nephew's case. But Murray said, "even if we had collected hairs and fibers [matching Hillary], he had been in the apartment -- he moved [Garrett's mother] Tandy in, he was in the apartment in the middle of the night on a number of occasions. The victim, Garrett Phillips, was only 12 years old. On the morning of October 26, 2011, Hillary, then a soccer coach in Potsdam, was summoned to the Potsdam police station. proceeds with the case. On May 14, 2014, Nick was arrested and charged with second degree murder. The first part of the documentary Who Killed Garrett Phillips? The judge took it all in and after about a week of both sides summing up their arguments, he came back with a verdict. When we met Hillary before his trial, we talked about his early years growing up in a large family in Jamaica. Hillary was the ex-boyfriend of Phillips' mother Tandy Cyrus, but another of her exes, John Jones, proved to be a key figure in the case as well. Garbus says her team did analysis on that tape beyond what the police had done but no new developments came out of it. Back in the hospital, Garrett Phillips was pronounced dead at 7:18pm. "He was a kid he was a 12-year-old kid. And we talked of his passion: Soccer. Phillips died soon after at a hospital. Photo: Brit Hanson, Groups call for independent probe of Garret Phillips murder, Groups call for independent probe of Garrett Phillips murder, David Sommerstein (News Director), cleared in Garrett Phillips death almost four years ago, local police and prosecutors declared the case closed, Nick Hillary's civil rights case, and how it links to a broader moment of reckoning, A phone call from inside the investigation, Gumball machine serves up free poetry in the Adirondacks, Not in Old Forge's backyard? Tandy and Aaron have since moved out. "The district attorneys office, the police, and the sheriffs department refuse to get to the bottom of things and basically have swept this investigation under the rug.". You've got inclement weather, it's near dusk -- if not dark.". Could the choke out theory be true. In the gallery, Tandy slumped and cried. How are police handling new leads in the Garrett Phillips case? Hillary, after years in the bulls-eye of public opinion, also broke down in tears, a free man once more. Garretts mother, Tandy Cyrus, has said that her son was a gregarious boy who had absolutely no fear. Rain said she was "100% certain" she'd prosecuted the right person. It wasnt until later that Cyrus was finally informed that her son was strangled to death. "You would think, like, wouldn't someone hear somebody yelling, or see something or do anything? Though the crime happened almost five years ago, the whodunit of it all has consumed this quiet area. Brian Phillips helped produce hundreds of yard signs that read "Justice for Garrett," with a picture of the boy, smiling. It concerns a group of people who were living in the North Country around the time of the murder. They are the only reason that Nick is not in prison, she says. IE 11 is not supported. The police went to Nicks soccer game the day after the murder, and recorded him on the sideline. Interim Police Chief in Potsdam, New York, Mark Murray, stands in the house where Phillips' body was found on Sept. 27, 2016. Soon afterwards, a neighbor in Garretts apartment building heard strange noises and called 911. Related: Nick Hillary Found Not Guilty in Murder of 12-Year-Old Garrett Phillips. Years ago, Nick patronized a bar on Potsdam's main drag where the bartender was a single mother. The lead does not involve Nick Hillary, the person who was found not guilty of Garrett Phillips' murder. In their ruling, a state disciplinary panel wrote that Rain's handling of the Garrett Phillips case was one of several ethical issues that contributedto her punishment. They couldnt break down the door, so they got the manager to unlock the door, which was locked from the inside. Nick was interviewed for 9 hours that day. New pieces complicate Garrett Phillips murder storyPeople in St. Lawrence County know his face: the smiling, golden-haired 12-year-old boy, Garrett Phillips. On that rainy afternoon in October 2011, police responded to the scene at just after 5 p.m. after next-door neighbors heard concerning noises from Garrett's apartment and called 911. Dismiss. According to the documentary, that once police focused in on Hillary an Army veteran and respected soccer coach at nearby Clarkson University other investigative avenues were not explored. He is also a Jamaican immigrant, who was living in a community that was 94 % white a fact crucial to understanding how the justice system failed Garrett, Brooklyn-based director Liz Garbus told the Daily News. It's an unlikely setting for what reporter Jesse McKinley of the New York Times would tell us turned out to be a story about "love triangles and fated love." Tandy and Nick had moved in together for a brief time, but according to family of Garretts, Nick and Garrett didnt get along. When he entered, he found an adolescent boy, just around the corner, lying on his back in the master bedroom, with his head facing the door. 24. Edward F. Narrow, the Canton attorney who represented Oral "Nick" Hillary, the former Clarkson University men's soccer coach acquitted of the boy's murder, said that leads involving inconsistent statements . Potsdam, NY, interim police chief takes ABC News through the crime scene. "The Garrett Phillips case is just full of the appearance of impropriety.". Over four hours, Garbuss Who Killed Garrett Phillips? painstakingly covers the surprising murder that rocked the small town in Northern New York in 2011. But he backed off after the main suspect was acquitted. It suggests that a kid named Brandon who lived next door gave two different statements about his whereabouts. There was word that several other boys were with Garrett when he died. Garbus questioned them about their missteps and lack of physical or DNA evidence tying Hillary to the crime. It doesn't appear as though his daily life has been drastically altered following the case: without reports to the contrary, one can assume that he still resides in Potsdam, New York. He denied any butt-head moment with Garrett, or spats over homework or chores. On Oct. 24, 2011, a dispatcher in Potsdam, N.Y., got a 911 call from a person reporting suspicious sounds in a neighboring apartment. Ms. Join now Sign in . When the police arrived on the scene, Phillips was still breathing. Photo: David Sommerstein, Oral "Nick" Hillary was found not guilty on Wednesday in the 2011 murder of twelve-year-old Garrett Phillips. The altercation made him fearful for himself and his family, NNY 360 reported. Garretts family, especially his mom and uncle, Brian Phillips, believe Nick 100% killed Garrett. Garrett Cunningham Expand search. When police arrived and got into the apartment, they found Garrett unresponsive on the floor in a bedroom. And then there was the potential witness about whom prosecutors never told the defense a revelation that nearly led to the trials dismissal. And that was the tunnel vision., And that was on what Garbus wanted to shine a larger light with this project. Garrett Phillips' mother, Tandy Cyrus. The current district attorney, Gary Pasqua, has given Potsdam Police, now headed by Murray, new information pointing to a different suspect. As Tandy would tell us, Nick was rigid -- a man with a plan for every day. The prosecutor would thunder that the camera had in fact recorded Nick out "hunting" for the boy just minutes before his death. The HBO documentary is likely the best place to get an update on Jones. The police also made Nick strip down in the nude, so they could take photographs. After first reading about the case in a New York Times article, Garbus recalls being struck by the thematic issues and concerns that, I think, are ones that spoke to larger systemic problems. Specifically what caught her attention was that the local polices focus was on one of Phillips mothers ex-boyfriends, a Jamaican American man who was well-known around town as a soccer coach, despite the fact that he had an alibi and that there had been rumblings of other possible suspects early on. Variety and the Flying V logos are trademarks of Variety Media, LLC. Here was the thing about the investigation though: crime scene techs could come up with no forensic clues -- no fingerprints, no DNA, no tissue and no hair linking Nick to what was theorized to be a violent hands-on struggle in a small space. Phillips also knows that the former DA, Mary Rain, had her law license suspended last summer. he was with his girlfriend til 11pm (his girlfriends mom confirmed this). The filmmaker interviewed Mark Murray, who headed the police investigation, Mary Rain, the former St. Lawrence County district attorney, and William Fitzpatrick, the Onondaga County district attorney who headed the trial team. 1. Photo: Julie Grant, St. Lawrence County DA Mary Rain at a press conference after the trial in 2016. After the trial ended in 2016, Murray told NCPR, were confident we prosecuted the right person.. When expanded it provides a list of search options that will switch the search inputs to match the current selection. July 18, 2019 2:39 pm ET. Tonight, ABC News' 20/20 will investigate the death of 12-year-old Garrett Phillips. The district attorney, Mary Rain, teared up at a post-verdict press conference, and said Tandy told her, I know you guys tried., But Nicks attorney Earl Ward, speaking to a group of press outside the courthouse, reiterated what the defense team maintained all along: Nick Hillary is an innocent man., Nick spent that afternoon surrounded by a group of family, supporters and former soccer teammates. NY Man Speaks out After Not Guilty Verdict in Murder of Ex's Son: He was accused of strangling to death his e https://t.co/y1qpX8JO62, Around 5pm on the night of Monday, October 24, Sean Hall and his fiance, Marisa Vogel, heard a scream, a bang, and then moans, coming from the neighboring apartment. His mothers ex-boyfriend, Nick Hillary, was found not guilty of the murder just over two years ago in a trial that captivated the region. Hillary is now a free man, and he cannot be retried. 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Related stories:A phone call from inside the investigationSteve Downs, former chief attorney for New Yorks Commission on Judicial Conduct, said Friday that state rulings require avoiding those potential conflicts. But where was the evidence to put before a jury? ", Shortly after he took office in 2018, the new St. Lawrence County D.A., Gary Pasqua, told NCPR he wanted to conduct his own review. And that's an important part of the lawsuit Hillary has since filed against many individuals involved in his case. That's a remarkable jump from the window.". He found Nick Hillary not guilty. Nick told the police that he was with his assistant coach, a man named Ian at the time of the murder. We were fascinated by the legal intricacies, the nuances of the case, and picturesque Potsdam, a river town so far upstate New York the closest big city is in Canada. Knowing where John Jones is now shows how differently he was treated by police after Phillips' murder. Her father said Ill be right back through the door, and when she got out of the shower 20 minutes later, her father was home. Garrett lived at the apartment at 100 Market St. with his mother, Tandy Cyrus, and younger brother, Aaron. North Country Public Radio has learned that a local source reached out to state troopers last fall with a possible tip. A security camera recorded Garrett skating home from an afternoon of basketball with his school pals just before 5 p.m. Potsdam's chief of police is now Mark Murray, who was lead detective on the Garrett Phillips investigation. Fourteen at the time of the murder, she was one of his two alibi witnesses. They knew that Garrett and his brother lived there and had heard noises before, but never this loud. He was 19 at the time of the 2013 arrest, which makes him the same age as the Brandon D. Murphy in question for Garrett's murder. "It was a true tragedy," he said. 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