Posted: Friday, August 8, 2003 12:00 am
GREEN RIVER (AP) - A man accused of shooting at two police officers and threatening other people has asked for a new attorney because his current one is a woman.
Clark Wayne Phillips, 56, is charged with two counts of attempted first-degree murder and two counts of aggravated assault and battery.
Phillips said defense attorney Sue Kearns has not been able to help him and he doesn't think she will be able to.
At a hearing Wednesday, state District Judge Nena James asked Phillips if he was trying to say he didn't want Kearns as his attorney because she was a woman. He agreed.
Kearns concurred. "He's been charged with major crimes," she said. "I do think he's not happy mostly because I'm a female."
James denied Phillips' request.
"There is no way I'd remove an attorney based on whether she was a female or he was a male," James said.
The judge added that unless Phillips can show that Kearns is incompetent, she will continue to represent him. James also scheduled a competency hearing for Phillips.
Prosecutors allege that on March 8, Rock Springs police officers responded to a report of possible gun fire. When they saw Phillips they asked him to show him his hands. At that point, Phillips allegedly drew a handgun and fired in the direction of two officers.
He had to be wrestled to the ground by five officers, court documents allege.
Before police arrived, Phillips allegedly fired some shots into a nearby residence and pointed a gun at two people.