MILWAUKEE — The case was dismissed against the boyfriend of a woman convicted in connection with a shooting involving children.
Dominique Phillips, 42, was in court Wednesday, April 10, at which point the state filed a motion to dismiss the case due to a witness issue, online court records showed. The court dismissed the case, and the terms of bail and bond were terminated. One felony count of possession of a firearm by a person convicted of a felony was dismissed on the prosecutor’s motion. A misdemeanor charge of leaving/storing a loaded firearm near a child, as party to a crime, was dismissed on the defendant’s motion.
Online court records showed Phillips was convicted of a felony charge — possession with intent to deliver THC, greater than 2,500 to 10,000 grams, second and subsequent offense back in April 2009. In that case, he was sentenced to 12 months in prison and 60 months (five years) extended supervision.
Nicole Jackson, 32, in February 2017 pleaded guilty to one misdemeanor count of leaving/storing a loaded firearm near a child, as party to a crime. In April 2017, she was sentenced to serve nine months in the House of Correction — which was imposed and stayed, and she was instead placed on probation for a year.
The shooting happened on Sept. 21, 2016 near 20th and Hadley in Milwaukee. Prosecutors said a 6-year-old boy shot his 9-year-old half-brother. Phillips is the father of the 6-year-old. Police said the 9-year-old was shot in the back and neck and taken to the hospital for treatment of serious injuries.
According to a criminal complaint, Jackson told police the 6-year-old boy accidentally shot the 9-year-old boy, and that the firearm was located on top of a kitchen cabinet.
Authorities searched the home and located a black semi-automatic pistol on top of a cabinet.
When officials asked Jackson who owned the firearm, Jackson stated it belonged to her, and that she put the gun on top of the kitchen cabinet earlier in the day because she was doing some cleaning in her room.
Authorities said they asked Jackson if the firearm belonged to the 6-year-old boy’s father, Phillips, she responded, “No,” and told police Phillips had not been in the home for approximately two to three months. However, when Jackson was interviewed again, she admitted the gun belonged to Phillips — and told police she last saw him with the gun approximately one week before the shooting.
Investigators also interviewed the 9-year-old victim in the hospital.
According to the criminal complaint, the boy stated to police that the gun was Phillips’ weapon, and that he saw him put the gun on top of the cabinet where his half-brother found it. The 9-year-old boy told police his little brother stood on the kitchen table, holding the gun, and then fired. The boy said “he felt pain and heard his brother crying.”
Officials said the 9-year-old boy also stated he caught his 6-year-old half-brother playing with the gun approximately three weeks prior to the shooting, and he told him not to touch it because it was a dangerous weapon.
It was determined the 6-year-old boy used a chair in the kitchen to climb up on the cabinet to reach the gun.
Authorities did not find a lock box or gun safe anywhere in the residence.