The Murder of Garrett Phillips (Part 2)

The Alibi

For most, Nick’s alibi brought more questions than answers. On the afternoon of Garrett’s death, Nick said that he was watching a high school soccer game from the school’s parking lot. His daughter, Shanna, said that she arrived home from school around 4:30PM and saw her father in the apartment. She said that he left around 4:40PM and she took a shower that lasted about 20 minutes. When she got out of the shower at 5PM, she heard her father in the apartment. She said he left again at 5:15PM. Shanna said that she made dinner after he left and ate around 6PM. However, there was something that countered this claim. She texted her father at 6:24PM that same night, asking him what was for dinner. Shanna said that she didn’t remember exactly what time she had dinner that night. Her uncertainty concerned investigators. 

Another interview that investigators conducted very shortly after Garrett’s death was of Ian Fairlie, Nick’s assistant coach. They wanted to verify the other part of Nick’s alibi, where he claimed that he’d been with Fairlie. Investigators asked him about Nick’s relationship with Tandy and the breakup. They asked him if Nick just came to him to create an alibi. Fairlie said absolutely not, that he saw him during that time period and he didn’t appear upset or disheveled. He said that Nick came by his house often and they lived very close to each other. Fairlie said that Nick was at his house at 5:21PM on the day of the murder. He based this on a phone call that he was on when Nick arrived. He said that Nick left shortly after at 5:23PM because both of them were supposed to have a meeting with a player at Clarkson. Fairlie said that he left for Clarkson shortly after Nick did. The player didn’t show up for their meeting, so Nick called him and had the meeting over the phone. Fairlie said that he and Nick just hung out for a bit, then went out to the field around 6:30PM for their 7PM practice. However, in a later deposition, Nick said that he remembered the meeting as being scheduled for 6:30/6:45. He also said that the player didn’t show up for the meeting, but showed up for the 7PM practice. In a sworn statement, the player later denied having a meeting scheduled. As late as 5:24PM, Officer Wentworth was still hearing movement inside of Garrett’s apartment.

Police knew that Tandy had called Garrett at 4:30PM that day and were able to verify that. Approximately 20 minutes later, around 4:50PM, the school’s custodian recalled seeing Garrett near a ramp that connected the middle school to the elementary school. He said that Garrett had his rip stick with him, but was alone. Garrett was then seen by his cousin, Kayla, outside of the high school, headed towards the parking lot. He told Kayla that he was going home. Surveillance video showed Garrett skating through the parking lot towards the main street at 4:52PM. However, there was something else on the video footage that investigators found interesting. A blue SUV was seen entering the same parking lot at 4:47PM. The blue SUV looked identical to Nick’s. It sat by the tennis courts for 3-ish minutes before pulling into a parking spot. In a later deposition, he confirmed that this was him in his vehicle. He said that he’d gone to watch the high school soccer game that day, but only stayed a few minutes, not getting out of his car because of the rain. Sixteen seconds after Garrett is seen skating out of the parking lot, Nick’s SUV follows suit. Police observed that his SUV turned left, when he would normally turn right to get home. Nick explained this, saying that he was headed to Fairlie’s home. He denied having seen Garrett.

No Evidence

Clearly the police had made up their minds regarding Nick, which led the community to do the same. Brian Phillips, Garrett’s uncle, said that there was absolutely no doubt in his mind that Nick murdered his nephew. He told an interviewer that he felt that Nick should be arrested and sent to prison to pay for what he did. Despite not having been arrested or formally charged with anything, Nick said that his “standing in the community dramatically changed.” He went from being a well-respected coach and member of the Potsdam community to solely being associated with the murder of a child. He was harassed often, with people even screaming, “murderer” at him in public. There were signs across the city with pictures of Garrett on them that read, “Justice for Garrett”. Even Fairlie felt as though the community was targeting him for continuing to support Nick’s alibi. He went to coach a soccer game in Buffalo and there were “Justice for Garrett” signs all over the stadium. He even went to visit his parents in a town far away from Potsdam and there were signs lining the street that his parents lived on.

Nick was told that he wasn’t welcome back on campus to coach or teach. His apartment complex told him they could not renew his lease and even offered him an incentive payment to vacate his apartment early. In January of 2012, Nick filed a civil suit against the Potsdam Police Department and the town. He stated that he was falsely imprisoned when he was held for questioning against his will and that he was suffering because of how he’d been treated. During his deposition for the suit, he was required to answer questions under oath. This is when he confirmed that the blue SUV seen on surveillance video was his. He said that he went there to watch a soccer game and was waiting for the rain to break, but it didn’t, so he went home. When he was asked why he turned left out of the parking lot, rather than a right, which was the fastest way to his home. He said that when he does turn left, it’s because he’s driving by Fairlie’s home. Nick said that he drove by to see if he was home. (In a Reddit thread, a former Potsdam resident said she couldn’t stress HOW small the town really was, and that when turning out of the high school parking lot around rush hour, it didn’t make much of a difference whether one turned left or right, that it was a personal preference.) 

Lieutenant Murray was deposed as well. Nick’s attorney, Mani Tafari, questioned Murray about his claim under oath that the surveillance footage showed Nick “stalking” Garrett, Murray had to admit that at no point was he able to see Nick in the video. Investigators were also forced to admit that there was no actual physical evidence linking Nick to the murder. District Attorney Nicole Duve explained to the public that “if there was sufficient evidence at this point, someone would be charged.” The DNA found underneath Garrett’s fingernails was tested against Nick’s in a True Allele test, but there was no match. The fingerprints pulled from the windowsill in Garrett’s apartment did not match Nick either. 

Two and a half years went by with no charges filed and no further suspects named in Garrett’s murder. Nick’s life remained completely changed. He was unemployed and left being a stay-at-home caretaker for his five children. It was extremely difficult for him to go out in public and it was clear that he was still the only suspect in the mind’s of the community and police. **I’m sure it was incredibly different for his two older children at school and out in public** The city had not forgotten about Garrett’s murder and, when time came for electing a DA, the community wanted a change.

What A Dumb Bitch

In late 2013, Mary Rain ran against Nicole Duve for the position of District Attorney in St. Lawrence County. Rain made it clear that bringing Garrett’s case back to the forefront and making an arrest was a top priority. She spoke about it with Tandy standing next to her, dressed in all black. Rain criticized Duve and said that “she wasn’t proactively investigating Garrett’s death and should have made an arrest.” Unsurprisingly, Rain won the election. 

Six months later, on May 12, 2014, Rain presented evidence to the grand jury with the intent to secure an indictment against Nick Hillary for the second degree murder of Garrett Phillips. She told reporters that she had “extensive evidence” that Nick was guilty, both physical and circumstantial. Three days later, the grand jury returned with the indictment and Nick was arrested. He was held in the local jail for 70 days. He said that every time there was a hearing scheduled, something new surfaced that required it to be pushed back and he would be sent back to prison. In July, he was released on bail.

Investigators estimated that Garrett’s time of death was approximately 5:06PM. They used this to try to poke holes in Nick’s alibi during the testimony for the Grand Jury. Shanna-Kay, Nick’s daughter, was in high school when she was called to testify in front of them. Rain said that the estimated time of death would’ve given Nick time to park his car and jog two blocks. She said Nick was extremely athletic and in shape, that it would take him 45 seconds max to jog that. She believed he had a key to the apartment (that he’d made a copy before Tandy asked for his key back) and he opened the door to the apartment. When Garrett recognized it was him, he tried to push him out, but an argument ensued and Garrett was killed. Afterwards, Nick escaped through the window and jogged back to his vehicle, parked near Fairlie’s home. Rain questioned Shanna-Kay about her claims that her father was home during this time. However, the judge ultimately cited her for prosecutorial misconduct because she was badgering the high schooler and asking her inappropriate questions. In October of 2014, the judge dismissed the indictment against Nick because of this.

Another Indictment

Not deterred at all, on February 25, 2015, Rain convened yet another grand jury and Nick was indicted again for Garrett’s murder. Before the trial, the prosecution petitioned the judge to enter new DNA results to be used at trial. This pertained to the DNA found under Garrett’s fingernails. Despite it having been tested earlier and not being a match, the prosecution had the very small sample analyzed by a new test called STR Mix (this is referred to as “Star Mix”). During the DNA hearing, the judge admitted that the STR Mix test had been accepted as evidence in New York courts before, but the size of the DNA sample was VERY small, and the judge felt it was unclear as to whether the test was reliable for such small amounts. The STR Mix results “found an association” and the doctor told the judge that his “recommendation” was to “validate” the sample in-house, which was never done. (I believe that in-house meant at a STR Mix verified facility, which the initial one was not done at) The judge ruled that the results from the STR Mix test could not be used in court. 

Ten jurors were selected for the trial, and DA Rain even said that she knew one of the jurors and she knew he’d be a fair juror. In September of 2006, Nick asked the judge for a bench trial, wanting to forgo having a jury at his trial. The verdict at a bench trial is decided solely by the judge. Before accepting Nick’s request, the judge warned him about the risks of a bench trial. He said that he had already seen the DNA reports, including the STR Mix results. He had seen the notes from the grand jury and other things that the regular jury may not see during a trial. Judge Catena said, “I can assure you that you won’t influence me, but I want you to know I have seen those things.” Nick acknowledged these points, but still requested a bench trial, which was granted. 

The trial proceeded, with Garrett’s family testifying, as well as Tandy’s ex-boyfriend, Sheriff’s Deputy John Jones. There were character witnesses brought in for Nick, as well as his daughter and Fairlie to confirm his alibi. However, mid-trial, a new witness came to light. The defense discovered that the prosecution had a meeting with an inmate at Attica Prison, Gregory Brown. Brown alleged that he saw a man enter Garrett’s apartment building on the day of his murder. He identified the man as John Jones. Rain, of course, said that this story was “a complete fabrication”. Brown, who was serving time for rape, firearm possession, and assault, and his lawyer both said that he was not looking to trade information for early release, as he was due for release in 2022. While Nick’s defense team requested a mistrial due to the fact that the prosecution hid this meeting from them, Judge Catena denied the request and the trial continued. 

One of the last witnesses was Andrew Carranza. He was the neighbor who’d been outside changing a tire with his girlfriend when the murder took place. They’d had the clear view of the window that it was believed the murderer exited from. In his initial statements to police, he’d told them that he and his girlfriend had heard noises. He never told them that he’d seen anyone in the window, let alone who it was. Prior to him being called as a witness, Carranza had a phone conversation with his ex-girlfriend (the one who he was with that day), where she asked him why he’d just told the prosecution that he’d seen a black male in the window that day. (One of the defense attorneys found out he planned to say this in court and told the ex-girlfriend so she could figure out why) Carranza told her that he could see a person that day, but essentially couldn’t tell who it was because his skin was so dark (except he said it in a very inappropriate and racist manner). Because of this, the defense did not ask Carranza on the stand about the ethnicity of the person he saw that day.

Less than a month after the trial had started, Judge Catena was ready to deliver his verdict. He found Nick Hillary not guilty on the charge of murder. The community and Garrett’s family were stunned. They couldn’t believe that Nick wasn’t convicted. Rain said that the trial verdict didn’t change her opinion in the least about his guilt.

“Just because he’s not guilty doesn’t mean he’s innocent,” she said.

John Jones

It was obvious that despite the court’s ruling, many people believed that Nick had gotten away with murder. However, there was no denying that there was another individual who many people thought needed to be investigated further. That was Sheriff’s Deputy, John Jones, Tandy’s ex-boyfriend.

There was clearly a bias favoring Jones from the beginning. He was allowed into the interview with Tandy!! WTF. Nick’s defense and his attorneys dug up information about Jones and Tandy’s relationship during the investigation that was concerning. In January of 2011, Tandy had filed a formal complaint against Jones, stating that she felt concerned for the safety of herself and her children. She cited threatening texts and him having sued her in small claims court. After Garrett’s murder, Jones said that he thinks Nick made her write that complaint because 1. Nick also filed a similar complaint at the same time with similar wording, and 2. Tandy doesn’t know the definition of some of the words in there…In May of 2015, Tandy denied that any of the information in the complaint letter was true, that Nick forced her to write it.

Some found it odd that Jones called dispatch on the night of Garrett’s death to ask which officer responded to the scene and if he was still at the residence. His fellow officers said that he was questioned, just like any other suspect would’ve been. Lt. Murray said that Jones cooperated 110%. He gave them his fingerprints and DNA willingly. (I read that they did NOT test his DNA against the DNA found on Garrett, but I’m not 100% on that) He was photographed as well to determine whether he had any injuries consistent with jumping from a window. In comparison to Nick’s in depth photo session at the police station, Jones’ was only photographed on his hands, feet, and legs. There were no photos of his face and no nude shots. During Nick’s civil suit, his attorney asked Murray why he took pictures of Jones. Murray replied,

“Pretty much just to substantiate that we did take pictures of people besides Nick Hillary and just to rule out the possibility that he had injury consistent with that as well. And if you look at, you know, also Mr. Jones’ stature. It’s highly unlikely he could have had the athletic ability to make the second floor jump.”

When Murray was asked if Tandy requested to have Jones in her interview with her, Murray said,

“Yes. And, actually, in reviewing the videotape she —- I think John was consoling her by putting his hand out, either holding her hand or patting her back. She was highly upset and distraught.”

DA Rain said that Jones wasn’t investigated because he was “getting along fine” with Tandy and the boys. 

Regarding Jones’ alibi, in his statement to police, he said that he was in a meeting at his office from 3:30PM to 4:35PM, that the meeting actually started at 3PM, but he was late joining. He also said that he left at 4:45PM to make a payment on his truck at a nearby credit union. However, according to police notes titled, “Review of CPH video facing Cottage Street”, which is a surveillance video from the high school, at 3:49PM, “truck starts in driveway across street (Jones)”. Jones lived just across from the high school and the hospital. Then, at 3:51PM, “truck pulls out and leave away from school (Jones)”. At 4:50PM, “black truck pulls in driveway across street (Jones?) and lastly, at 5:03PM, Jones returns home with dog carrying umbrella”. On another timeline, it adds “John Jones walking dogs” between 5:12 and 5:13PM. Jones only lived about two blocks from Garrett’s apartment. 

Just after footage showed Jones pulling into his driveway, Garrett skated by. Several people who saw the video footage said that it appeared that Garrett and Jones’ interacted, however, according to one of Nick’s attorneys, it looked like the footage may have been altered. 

Theories

There are several theories as to what happened to Garrett Phillips. A large number of people, particular those with connections to the Phillips family and Potsdam, still believe Nick Hillary murdered him. They believe he blamed Garrett for his relationship with Tandy failing, so he killed him. 

The second theory is, of course, that Garrett was murdered by John Jones. This coincides with the “tunnel vision” that some believe that police immediately had for Nick. In a primarily white town, Nick was black and there were countless rumors that Jones wanted to punish Tandy by leaving him for a black man. Jones obviously denies this. 

Most don’t believe the murder was premeditated. Whether they believe Jones or Hillary was responsible for it, it’s widely believed that the murderer saw Garrett and it became a crime of opportunity. 

Another popular theory is that Garrett died during an accident or at the hands of kids his own age. As we mentioned earlier, the possibility of an accident while playing the choking game could have happened, and the other kids panicked when Garrett went unresponsive, fleeing the scene. 

Lastly, there’s the intruder theory. Someone who was completely unknown to Garrett, that forced their way into Garrett’s apartment. A Reddit poster who is a former Potsdam resident said that while the small town itself typically isn’t too problematic, when the population of the four surrounding colleges converge, it exacerbates drug trafficking, and that this could’ve been the reason for an intruder. 

Garrett’s murder is still unsolved and no one else has been charged with his murder or brought to the light as a suspect. In 2018, DA Rain’s license to practice law was suspended based on complaints of misconduct. Some were related to the Phillips investigation and Nick’s trial. 

Garrett is buried in a cemetery next to his father. His grandmother Patricia visits his grave, at least once a week, and has coffee with him. His classmates bring new soccer balls that have been signed by his friends and leave them at his grave.

If you have any information regarding the murder of Garrett Phillips, please contact the Potsdam Police Department. (Not that they’ll listen, unless it implicates Nick Hillary…)