2010-06-18 / Front Page
Judge rules Julia Phillips and her son will have to vacate Overbrook Drive home
A Gaffney woman currently serving house arrest in an Overbrook Drive home while she awaits trial on a murder charge will likely have to find somewhere else to live in the wake of a court-ordered eviction.
In an order handed down late Friday afternoon, Cherokee County Probate Court Judge Josh Queen granted a temporary restraining order and preliminary injunction against Julia Phillips and her son Hunter Stephens which command them to preserve any assets in the home and to vacate it until a request for a permanent court order can be handled in court.
Phillips, who is charged with murder in connection with the Feb. 4 strangulation death of her longtime boyfriend, York attorney Melvin Roberts, is under court-ordered house arrest at 701 Overbrook Drive while she awaits trial.
The home is owned by the estate of Julia Phillips' late husband, Edward Bryant Phillips, who died in June 1999.
Bryant Phillips' daughters, Lori Gaffney and Angela Shaheen, who serve as trustees of the estate, initiated the legal action in Probate Court last week to have Julia Phillips and her son removed from their father's home. They argued she has failed to maintain the home and has disposed of trust assets.
Bryant Phillips' last will and testament reportedly allowed Julia Phillips to remain in the home until she died or remarried. But Bryant Phillips' daughters alleged in Probate Court that Julia Phillips lived with Melvin Roberts for almost the past 10 years and only returned to the Overbrook Drive home after Roberts' death.
They also argued in court documents that their father's last will and testament never gave Hunter Stephens the right to live there.
Judge Queen heard testimony and legal arguments Wednesday.
Queen noted Julia Phillips' house arrest and bond conditions, which were previously set by Circuit Court Judge Derham Cole, in his decision on the temporary restraining order. In granting Phillips a $75,000 bond, Judge Cole directed that Phillips can't change her address without court permission.
"Before this temporary restraining order and preliminary injunction shall be enforceable against Defendant Phillips, Judge Cole must give approval to Ms. Phillips removal from the home at 701 Overbrook Drive," Queen wrote in his decision.
Queen further directed in his order that Julia Phillips and her son each shall be given 10 days to vacate the home. The 10-day time clock starts ticking "either upon the date of service of this order, the posting of security by the (Bryant Phillips' estate), or the approval by order of a change in address from Judge Cole, whichever occurs latest."
Beginning immediately, however, Judge Queen ruled the trustees of the estate will have a right to enter the property with at least a one-hour notice.
The estate will have to post a security bond to cover any costs and damages if Julia Phillips is later found to have been "wrongfully enjoined and restrained." Judge Queen set the bond amount at $25,000.
"In determining this amount, the court has considered the costs that may be incurred by Defendants for rent, incidentals, damages and other ordinary expenses in the event Defendants are found to be wrongly enjoined and restrained," the judge ruled.
Neither Julia Phillips nor Hunter Stephens appeared in court Wednesday for the Probate Court hearing though they were represented by attorney Charles Marchbanks Jr.
Marchbanks could not be reached for immediate comment late Friday afternoon at his office or on his cell phone.
He argued Julia Phillips had a right under Bryant Phillips' last will and testament to remain in the home and that the court could not consider her recent circumstances of being charged in a murder case, since she is considered innocent until proven otherwise.
Marchbanks further argued Julia Phillips' bond conditions on the murder charge would make moving problematic, and could possibly result in her re-incarceration.
Judge Queen indicated in his ruling that he relied on the testimony of Gaffney Police Det. Jott Blackwell, as well as the testimony of estate trustee Lori Gaffney, in reaching his conclusions.
Blackwell testified that he was inside the home on two occasions both related to police investigations, the first of which occurred in July 2009 and the second of which occurred May 27.
During both occasions, Blackwell testified the interior of the home was in "disarray" and among the damage he noted was stains on the carpet.
"Detective Blackwell testified that some of the stains on the carpet (during the May 27 visit) were initially thought to be blood, but after review the stains were from paint that were spilled throughout the house," the judge noted.
Lori Gaffney testified during the hearing about how she was able to see inside the home from an exterior sliding glass door and also about how she had received complaints from neighbors about the condition of the home.
"The issue before the court is whether or not sufficient grounds exist to enter a Temporary Restraining Order and Preliminary Injunction against Defendant Julia B. Phillips and Williams Hunter Stephens," the judge wrote. "A preliminary injunction should issue only if necessary to preserve the status quo ante, and only upon a showing by the moving party that without such relief it will suffer irreparable harm, that it has the likelihood of success on the merits, and that there is no adequate remedy at law."
The judge added: "Based upon the testimony of the witnesses and the affidavit submitted by Plaintiff Angela P. Shaheen, the Court finds that the Plaintiffs will suffer irreparable harm if this motion is not granted. Specifically, the testimony of Detective Blackwell concerning the condition of the home when he entered the home give the Court great concern that the assets of the Trust are not being maintained."
The Probate Court hearing is just one of numerous twists in the case in recent days. On Monday, Cherokee County Coroner Dennis Fowler had the body of Bryant Phillips exhumed from Oakland Cemetery in Gaffney so he could take a new look at Bryant Phillips' death, which occurred in June 1999.
Authorities aren't saying what they're looking for, though samples were sent for toxicological testing following a forensic autopsy Monday.
More information will be made available online and in print as it becomes available.
