Press Release
FOR IMMEDIATE RELEASE
Date: 02/20/2009

Contact person(s):

Media Coordinator, Theresa Menshek (707) 565-3099 Media Spokesperson, Chief Deputy District Attorney Spencer Brady

Santa Rosa, Sonoma County, California

FORMER POLICE OFFICER AND FIRE CAPTAIN  SENTENCED TO PRISON

District Attorney Stephan Passalacqua announced that on Thursday February 19, 2009,  Judge Elliott Daum sentenced Matthew David Phillips to a highly unusual sentence involving a commitment to both state prison and a simultaneous grant of probation.  The court sentenced Phillips to two years eight months in prison on three of six felony charges. The court then sentenced Phillips to probation on three additional felonies.  These three felonies included felony child endangerment, showing a minor a film of another minor engaging in sexual activity, and taking photographs for commercial purposes of yet another minor engaged in sexual activity.

District Attorney Passalacqua stated, “The Probation Department and the California Department of Corrections and Rehabilitation staff are professional entities who recommended to the court that Phillips be incarcerated for twelve years.  This clearly was a case that warranted additional prison time.”

In September 2008 Phillips pled no contest to six felony charges relating to sexual exploitation of teenaged boys involved in the Explorer program through the Bennett Valley Fire Department in Santa Rosa.  Phillips was a volunteer captain with the department and ran the Explorer program when he committed the abuse.  Phillips preyed on the best qualities of this community’s youth:  his victims were teenaged boys who aspired to serve the community by being firefighters.  They aspired to be men and heroes.  Phillips employed several manipulation techniques to induce these boys to satisfy his deviant sexual interests:  he plied them with alcohol, sexually groomed them, and overcame their protestations by brow-beating them and appealing to their desires to be men and firefighters.  Mr. Phillips also committed several of the crimes while working as a police officer with the Rohnert Park Department of Public Safety.  Mr. Phillips pled no contest to:  1) felony child endangerment for causing emotional harm to a child; 2) showing a minor a film of a minor engaging in sexual activity; 3) taking photographs of a different minor engaged in sexual activity for commercial purposes;  and 4) three counts of surreptitiously filming people engaged in sexual activity.  The films also involved teenaged women who were completely unaware that these private and personal moments were being observed and captured on film.  These crimes took place over a ten-year period of time.

As a result of his no contest pleas, Phillips faced up to twelve years in prison.  The Sonoma County Probation Department and the District Attorney’s Office recommended the court sentence Phillips to the maximum term of twelve years.  At the conclusion of a sentencing hearing on November 14, 2008, Judge Daum referred the case to the Department of Corrections for a sentencing recommendation.  Three independent evaluators reviewed the case at San Quentin prison: a psychologist, a correctional counselor, and an assistant warden.  All three independently determined that Phillips posed a serious risk to the safety of the community and ought to be incarcerated in state prison.  The counselor and assistant warden both stated that the seriousness of the case and the irreparable harm to the victims and the community warranted a prison commitment.  Since 2006, two separate and independent psychologists evaluated Phillips and the serious risk he poses to the community.  Both agreed that Phillips is not amenable to treatment and poses a high risk to re-offend.

On February 19, 2009, a second sentencing hearing was held.  The District Attorney’s Office urged the court to follow the recommendations of probation and the Department of Corrections and impose a twelve-year prison term.  The defense argued that Phillips should be placed on probation.  The court acknowledged that Phillips’ crimes warranted punishment, but also found that he had qualities that suggest he is “salvageable.”  The court imposed a 2 year 8 month prison term based on three charges of surreptitiously taping a confidential communication.  The court then suspended imposition of judgment on the remaining three charges, which carried the highest potential prison terms, and put Phillips on probation for five years.