Judge rejects plea deal from woman who admitted running over a bicyclist
A Marysville woman who admitted running over a bicyclist on Simpson Lane last fall had her plea deal rejected Monday by a Yuba County Superior Court judge and will likely head to trial.
Heather Marie Phillips was arrested by the California Highway Patrol last November and charged with felony hit and run, DUI with injury and priors, as well as misdemeanor charges for driving on a suspended license, falsely reporting a crime and destroying evidence.
Phillips and the Yuba County District Attorney’s office had struck a deal in April that would have had her plead no contest to the DUI with injury and priors charge, while the rest of her charges would be dropped. However, the district attorney received information following the deal that indicated Phillips had failed to make it through a rehabilitation and alcohol treatment program in the past – something her plea deal revolved around – before again being arrested for drunken driving.
“The court rejected the plea based on the additional information received after Ms. Phillips entered her plea,” said District Attorney Pat Mcgrath. “Judges have the authority to reject a plea if new information is provided that shows that the case facts are different than what was believed at the time a plea is entered.”
Yuba County Superior Court Judge Julia Scrogin reviewed the deal and the additional information before she ultimately denied the agreement during a sentencing hearing on Monday.
With Scrogin’s decision, Phillips case is now returned to a “not guilty” plea status.
If tried and found guilty of the felony offenses, she faces more than seven years in a state prison, Mcgrath said.
Phillips’ arrest stems from an incident in which a 19-year-old bicyclist – Tyler Rose – was struck by a vehicle while riding on the shoulder of Simpson Lane.
Rose was struck from behind, ultimately suffering brain damage, torn ligaments and a broken nose, according to Appeal-democrat archives.
Phillips allegedly fled the scene, ditching her vehicle a short distance away before leaving the area on foot. She reportedly denied all involvement at first. A few hours after the incident she called law enforcement and reported her car had been stolen, even signing the stolen vehicle report and providing officers with a fabricated story about how her car went missing, according to court documents.
After being confronted with witness statements and evidence discrediting her story, Phillips admitted to the hit and run, saying she was traveling 50 miles per hour when she struck Rose, according to court documents.
She will return to the Yuba County Superior Courthouse July 9 at 9 a.m. for a trial-setting conference. Heather Marie Phillips Appeal-democrat
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