Man denied youthful offender status for second-degree rape charges

By Matt Elofson

Published: December 5, 2008

A circuit court judge denied youthful offender status Friday for a 20-year-old Dothan man facing multiple counts of felony second-degree rape.

Judge Larry Anderson said Anthony Kevin Phillips, of Cynthia Drive, will be tried as an adult, moments after Phillips failed a drug test ordered by the judge. Phillips tested positive for marijuana.

Phillips was arrested in August and charged with five felony counts of second-degree rape. Police have said the sexual assault charges resulted after they responded to the filing of an aggravated stalking charge.

Phillips’ defense lawyer, Billy Joe Sheffield II, said his client was only two years older than the victim, with whom Phillips had a consensual relationship.

Assistant District Attorney Banks Smith argued against youthful offender status for several reasons, including the fact Phillips has several related pending cases with the City of Dothan, including harassment and violation of a restraining order. Smith also cited the additional aggravating stalking charge.

The probation and parole office recommended youthful offender status.

“I want to think about this one, it’s a close call,” Anderson said, before sending Phillips off to have a drug test.

If convicted of the second-degree rape charges, all class B felonies, Phillips faces between two and 20 years in prison for each charge.

In the state of Alabama, second-degree rape has happened when a defendant is more than 16 years old and the victim is younger than 16 and at least two years younger than the defendant.