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A preliminary hearing for the Charleston man accused of shooting and killing a city police officer will be held next Monday.

Kanawha County Magistrate Judge Brent Hall scheduled a pretrial hearing for Joshua Marcellus Phillips, 38, for Dec. 21. Phillips was arraigned and charged with first-degree murder on Saturday.

Phillips will be sentenced to life in prison if he’s convicted.

Phillips remains hospitalized in Charleston Area Medical Center General Hospital, where he’s recovering from two gunshot wounds. He was arraigned by video from his hospital bed, but due to federal privacy laws his face was not shown.

He is being represented by Charleston attorney John Sullivan.

In a criminal complaint filed Saturday, Charleston Police Detective Christopher Lioi wrote that around 2:30 p.m. on Dec. 3, a woman living on Garrison Avenue called police to report Phillips’ red 1999 Dodge Durango was illegally parked on her property.

Charleston Police Patrolman Cassie Johnson responded to the complaint and approached the house Phillips entered across the street, according to the complaint filed in Kanawha Magistrate Court.

The two moved toward the Durango, where Johnson requested Phillips’ driver’s license, which he failed to produce, according to the complaint.

Phillips was out of jail on bond at the time of the shooting. He was charged with driving on a revoked license DUI in January, according to court records.

Phillips began to move inside of his vehicle with his back to Johnson, where she then ordered him to put his hands behind his back, Lioi wrote. Phillips turned toward her “in an aggressive manner” and threw Johnson’s handcuffs into the street.

Holding a handgun he pulled from his waistband in his right hand, Phillips grabbed Johnson’s pistol and holster with his left hand, preventing it from being drawn, according to the complaint.

The two continued to struggle until Phillips wrestled free and shot at Johnson five times, striking her once in the base of the neck. Johnson fired her service weapon three times, striking Phillips twice, Lioi wrote. Phillips then entered his vehicle while Johnson laid motionless on the ground.

Law enforcement apprehended Phillips farther up Garrison Avenue.

Johnson, 28, died two days later in the hospital. She was laid to rest Dec. 8.

Three men were arrested and charged with felony conspiracy for allegedly supplying Phillips with drugs in the house he entered before the shooting, according to filings in Kanawha Magistrate Court.

Kanawha County Sheriff’s Detective C.A. Boner wrote in a criminal complaint that he visited the Garrison Avenue home of Richard Chapman, in which Chapman told investigators Phillips came to his home just before the shooting looking for methamphetamine. Chapman allegedly told detectives he had helped Phillips in finding meth in the past, according to the complaint.

Chapman, along with Herb Sharp and Marshall Sharp, were arrested and charged with felony conspiracy. Herb Sharp and Marshall Sharp were inside Chapman’s home, according to the complaint, and allegedly helped Chapman secure Klonopin pills shortly before the shooting.

The Charleston Police Department turned over 63 Klonopin pills found in Phillips’ pants after the shooting, according to the complaint.

Reach Joe Severino at, 304-348-4814 or follow @jj_severino on Twitter.