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Elyria Break-in Killed an Intruder and a Resident

Elyria Break-in Killed an Intruder and a Resident 

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01-05-2017, 07:24 AM
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Elyria Break-in Killed an Intruder and a Resident

Brady Phillips was sentenced to 14 years in prison after pleading guilty in a December 2009 Elyria, Ohio, home invasion that left resident Michael Stump and intruder Herminio Serrano dead.

Elyria police said Herminio Serrano, 38, of Lorain, and Brady Phillips, 38, of Elyria, forced their way into an apartment at 115 David Drive around 10 p.m. on Dec. 20, intending to rob residents David McDonough, 31, and Michael Stump, 30. McDonough told 911 dispatchers he had never seen either man before they burst in with guns drawn.

McDonough grabbed for one of the handguns during the fight and was shot in the abdomen, according to police and the 911 call. Stump was shot in the head during the same struggle and died the next day at MetroHealth Medical Center in Cleveland. McDonough survived.

Serrano was shot multiple times during the struggle and was found dead inside the apartment. The Lorain County coroner ruled his death a homicide. Police said Phillips fled uninjured in a dark green conversion van and was arrested the following night near his home on Second Street.

A Lorain County grand jury indicted Phillips on two counts of murder along with aggravated robbery, felonious assault and related charges. Prosecutors said at the time he could face the death penalty. The case dragged on for nearly six years while Phillips and prosecutors negotiated, then disputed, cooperation agreements under which he offered information on the case and on an unrelated unsolved killing in exchange for a reduced sentence.

In October 2015, Phillips pleaded guilty to an amended indictment covering aggravated burglary, felonious assault, two counts of involuntary manslaughter, tampering with evidence and having a weapon while under disability. Lorain County Common Pleas Judge Mark Betleski sentenced him to 14 years in prison, with credit for the nearly six years he had already spent in the county jail awaiting trial. The 9th District Court of Appeals rejected Phillips' appeal in 2016, ruling his guilty plea had waived his argument that he was entitled to a shorter sentence under an earlier cooperation agreement with prosecutors.
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