Haywood man guilty of stalking, pointing pistol at deputy
Earl Mitchell Phillips
District Attorney Ashley Hornsby Welch today announced that a Haywood County jury found a defendant guilty of stalking a couple and, during one of the incidents, pointing a pistol at a deputy.
On Feb. 11, 2023, Earl Mitchell Phillips, 72, of Waynesville, parked his truck, lights off, near the couple’s home and in view of their house. One of the victims and a neighbor heard a gun being fired.
A judge had previously forbade Phillips to contact the victims as a condition of conviction for stalking after he assaulted the wife. He was told to have no contact and to stay at least 100 yards from the couple’s residence.
When Phillips defied the order and showed up on Feb. 11, 2022, the wife called 911.
Haywood County Deputy Zach Wood and Deputy Michael Elkins arrived at the scene. They discovered Phillips sitting in his truck on a nearby logging road. When the deputies approached the truck, Phillips pointed a revolver at Wood’s head.
Phillips told the deputies, “It’s my gun I’ll point it where I want.”
He complied with an order to drop the revolver, but resisted being handcuffed.
A few days prior, on Feb. 8, 2023, the couple reported Phillips had parked his truck in the middle of the road near their home, a violation of the judge’s order.
There also was a stalking incident on Feb. 7, 2023, when he drove several times – slowly – by the residence.
Jury members found Phillips guilty of felony assault of a law enforcement officer; felony stalking and misdemeanor resisting public officer.
Superior Court Judge William T. Stetzer sentenced Phillips to an active prison term of 60 to 84 months for the assault with a firearm on a law enforcement officer, consolidating the misdemeanor resist charge for the purpose of sentencing; plus, handed down six to 17 months suspended for stalking and 36 months of supervised probation.
Assistant District Attorney Jeff Jones prosecuted the case.
