Cell tower incident was a verbal spat that escalated to a killing, prosecutor says

Phillips, 22, of Kenner, Louisiana, is charged with second-degree murder, use of a firearm to commit a felony and possession of a stolen firearm in connection to the death of Matos-Colon, 31.

In her opening statement, Assistant Nebraska Attorney General Mary Marcum painted a picture of what the prosecution believes happened on March 1, 2023.

“This case is about the verbal spat between two coworkers which escalated to a killing,” Marcum said.

Evidence would show, Marcum said, that several employees of BULT Wireless, a telecommunications company headquartered in Iowa, showed up to 56329 885th Road northeast of Hartington on the morning of March 1, 2023.

Employees of the wireless company, which no longer exists, were from different states across the country. Some employees worked on the ground and others with special certifications climbed cell towers hundreds of feet above the ground.

Surrounding the tower was a gated chain link fence, and located near the base of the tower was a building. Also nearby was a gate that kept cattle out.

Two BULT Wireless crews showed up at the site that morning, the first of which arrived between 8 and 8:30 a.m. The second group showed up around 8:30 a.m. Among the roughly nine workers that went to the site that morning were Phillips and Matos-Colon.

At some point, Matos-Colon expressed concern to others there about climbing the tower with Phillips. The two engaged in a verbal argument that went on for a few minutes until others at the site intervened and separated the two, Marcum said.

Matos-Colon sat in a vehicle with the crew’s foreman and Phillips went elsewhere. Matos-Colon got out of the vehicle a few minutes later, after which the argument between him and Phillips continued.

Shortly thereafter, someone can be heard saying “mom” before a series of gunshots rang out. Matos-Colon at that point was seen by a witness running, Marcum said, and Phillips went the opposite direction.

A coworker administered CPR to a wounded Matos-Colon, who was struggling to breathe, and another employee searched for a first aid kit. Phillips, meanwhile, approached and said something about going to New Orleans, Marcum said.

The prosecutor said Phillips made another statement, something to the effect of, “He (Matos-Calon) said something about my (expletive) mother, and that (expletive) has to die.”

Phillips also allegedly asked other crew members whether they were going to tell on him.

The foreman called 911 and notified the company’s vice president, who wasn't at the site and called 911.

Law enforcement arrived at the scene a short time later, which is when a conservation officer rendered aid to Matos-Colon, who was transported to a Yankton hospital and pronounced dead at 10:19 a.m.

Law enforcement located six empty 9mm shell casings and one live round at the cell tower site. Photos from Phillips’ cellphone showed him holding a Glock firearm prior to the day of the shooting.

Marcum said a pathologist will testify that Matos-Colon’s cause of death was gunshot wounds to his torso and right leg.

She also told jurors that 14 or 15 witnesses would testify during the trial, which is expected to last through the end of the week.

“During voir dire, Mr. (Corey) O'Brien reminded all of you that you were not to check your common sense of the door,” Marcum said. “During this trial, we ask you to use that common sense when listening to the testimony and the other evidence that's provided during the course of this trial.”

Marcum, O’Brien and Mariah Nickel, all of whom work for the Nebraska Attorney General’s Office, are prosecuting the case.

Phillips’ attorney, Todd Lancaster, said the trial is not going to be a classic “who done it” case.

“There’s not going to be a lot of doubt that Mr. Phillips is the one that fired the firearm at Israel Matos-Colon,” Lancaster said. “So it’s not that, that we’re really here to determine. What we’re here to determine is what Mr. Phillips’ mindset was when that happened.”

The defense attorney asked jurors to look at Phillips’ actions before and after the shooting, as well as the circumstances of what happened at the cell tower site. He also asked jurors to consider the statements of witnesses, some of whom may have a bias, will make inconsistent statements or have an unclear memory.

Lancaster said he wasn’t going to talk about what the facts show or don’t show because jurors hadn’t yet seen any evidence.

“The state has the burden to prove the allegations that Mr. Phillips committed murder in the second degree, use of a firearm and that he possessed a stolen firearm,” Lancaster said. “When the evidence is closed, I'm going to talk about how the state's failed to prove all the elements they need to convict him on all charges.”

The evidence portion of the trial began Tuesday morning.