The Spring Valley man who is accused of shooting and killing Eric Clements at his Ottawa home will stand trial for murder – dates have yet to be set – and, for now, he’s representing himself.
Nicolaus J. Phillips, 24, appeared Thursday in La Salle County Circuit Court after being indicted for first-degree murder. Though the charge carries a mandatory prison sentence of 20-60 years, Phillips would be subject to a 25-year enhancement for the use of a firearm, extending his maximum sentence to 85 years.
For now, Phillips is representing himself. He advised Chief Judge H. Chris Ryan Jr. his family is seeking to retain private counsel but he also intends, during the interim, to act as his own lawyer – pro se, in legal parlance.
Rather than set trial dates and admit a “not guilty” plea into the record, Ryan set the case over for July 6. The two-week continuance gives Phillips time to either secure legal representation or, should he continue representing himself, argue pre-trial motions.
Two such motions are forthcoming. Phillips indicated he would seek a reduction in his $5 million bond. He said he also wants a change of venue – to move the trial out of La Salle County – believing that pre-trial publicity will keep him from getting a fair and impartial jury.
A La Salle County grand jury indicted two people for the Clements killing; but the second suspect will not appear again until mid-July.
Chastity A. Furar, 21, of Spring Valley (also listed in Ottawa) is scheduled to undergo a mental health evaluation to determine whether she is fit – that is, whether she has the faculties to assist her lawyer at trial. Furar is scheduled for arraignment July 14, assuming she passes the psych exam. She is being held on $1.5 million.
Though Phillips is alleged to have fired the fatal shot on June 5, Furar also is charged with first-degree murder – and would face an extended term up to 75 years – for allegedly driving Phillips to and from the crime scene and supply the weapon.
Both were developed as suspects after an investigation into the shooting at Clements’ home. Witnesses nearby heard voices and shots and supplied police with a vehicle description that led police to Furar. She provided a statement in which she admitted buying a 9 mm pistol that she gave to Phillips, even though he’s a convicted felon, and to driving Phillips to the Clements home.
La Salle County State’s Attorney Joe Navarro described the killing as premeditated murder. He alleged Phillips was angered by social media exchanges between Furar and Clements and “decided they’re going to do away with him.”