The murder trial of 52-year-old Brownwood resident Randall Philen came to an end Tuesday as the jury returned a guilty verdict shortly after 2:00pm.
The trial lasted nine days. Philen was given a life sentence for the murder of his brother, Ronald Philen, which occurred on December 11, 2009 at the home they shared.
Witnesses called during the sentencing included Philen’s ex-wife who explained a relationship filled with domestic and verbal abuse; a Sunday School teacher from Philen’s parent’s church who visited him during his incarceration, stating that he had seen a changed man who had learned and accepted God’s truths and who he felt could be a trustworthy, productive citizen; a previous co-worker who stated he had never seen Philen violent and that he had been a friend of his for years; and Philen’s father, who described his son as having a temper but not violent.
Defense attorney Jimmy Stewart stated that the defendant was not a menace to society and could be a productive citizen based on the changes that have been seen in him since he has been incarcerated without the ill effects of substances. Stewart asked District Judge Steve Ellis to consider a lower range of the punishment.
“We’re not asking for probation in this case but with witnesses, the fact that he had no felony record and his age, are asking for a sentence at the lower range,” stated Stewart.
During sentencing, Murray asked Ellis to “look at all the facts” that the murder was not an act of sudden rage, it was a “lifestyle from childhood to adulthood which was rocky between the two brothers, and the nature of their fights—knife and fist fights with threats.” Murray described Ronnie Philen’s death as being agonizing, a “slow and painful death” and “suffered at the hands of his brother.” He also stated that evidence showed that Randall used the elapsed time to “cover up” the crime. Murray also cited that the defendant had shown no remorse or responsibility for his actions and asked that the court consider 50 years to life in prison for the offense.
“This was a most heinous crime in a bitter betrayal,” said Murray. “The state asks for a fair sentence, for the victim, for the defendant’s family, and society; which sets community standards, tailored to this particular crime and defendant.”
Judge Ellis issued a sentence of life in prison for the murder and two years in the Texas Department of Criminal Justice, Institutional Division, for a felony marijuana charge which will run concurrently. He will also be given credit for time served during the two years he was incarcerated before the trial.
Judge Ellis explained that Philen has a right to appeal; however he is not entitled to bond out before the appeal trial but will remain in the custody of TDCJ.
After the trial, Philen’s sister Penny Lawson stated that she was happy with the verdict but that the family was “torn.”
“We’re going to move on now and celebrate Thanksgiving,” said Lawson. “I’m just glad it’s over.”
