David Phillips Jr. was sentenced to two to 20 years for the shooting death of a coworker on a tower site in Nebraska.
David Phillips Jr., a 22-year-old tower technician from Kenner, Louisiana, was sentenced Monday by Nebraska Judge Bryan Meismer in Cedar County District Court to two to 20 years in prison for the involuntary manslaughter of his coworker, crew leader Israel Matos-Colon, of Puerto Rico, on March 1, 2023.
Crew leader Israel Matos-Colon got into a heated argument with coworker David Phillips Jr. when Phillips pulled out a Glock handgun at the base of a self-supporting tower and shot him multiple times. He died after onsite lifesaving measures failed.
With the days already credited to his sentence, he will be eligible for parole starting early next year.
The shooting took place at a tower site located at the intersection of Nebraska Highway 57 and 885 Road, two miles north of Hartington. According to an FCC registration search, Cedar County owns a 420-foot self-supporting tower constructed in 2023 at that address.
At approximately 9:09 a.m., the Cedar County Sheriff’s Office received a 911 call reporting a shooting at 885th Road. By 9:20 a.m., deputies had taken Phillips into custody at the scene after he was found to have a Glock Model G19 Gen 5 9 MM handgun with a 30-round magazine containing 22 live 9 MM rounds.
A Cedar County deputy seized the handgun from Phillips, who reportedly had the firearm in his left pants leg.
Matos-Colon, a 31-year-old from Fowlerville, Michigan, was still alive when an officer arrived and attempted lifesaving measures. Efforts to save Matos-Colon by coworkers included CPR and searching for a first aid kit. Despite these efforts, Matos-Colon was pronounced dead at Avera Sacred Heart Hospital in Yankton at 10:19 a.m.
A pathologist testified that Matos-Colon died from gunshot wounds to his torso and right leg. A witness told investigators that Phillips was apologizing to Matos-Colon while lifesaving measures were being performed.
Two BULT Wireless crews from Hawarden, Iowa, were on site when it was alleged that Matos-Colon expressed concern to other crew members about climbing the tower with Phillips, leading to the altercation between the two men, requiring coworkers to separate them. After a few minutes, the argument began again, and the shooting occurred. A witness said Phillips yelled that Matos-Colon “had to die” for talking about his mother.
Phillips initially faced charges of second-degree murder, use of a firearm to commit a felony, and possession of a stolen firearm. The weapon involved was later identified as stolen from Louisiana. Witnesses at the scene reported seeing Phillips fire multiple shots at Matos-Colon, who was attempting to escape. According to trial testimony, Phillips fired four shots, two or three of which struck a nearby metal structure.
On March 8, 2023, Phillips waived his right to a preliminary hearing and was bound over to Cedar County District Court. His bail was set at $10 million.
Phillips was formally arraigned, and the Nebraska Attorney General’s Office, represented by Assistant Attorney General Mariah Nickel, took over the prosecution. The defense, led by Todd Lancaster, focused on Phillips’ state of mind during the incident, arguing that his actions were not premeditated but rather a reaction to a verbal altercation that escalated tragically.
The trial began on April 15, 2024, with a jury pool of over 100 people assembled. Assistant Nebraska Attorney General Mary Marcum presented evidence that Phillips had taken photos with the handgun prior to the shooting and detailed the sequence of events through witness testimonies. The defense sought to highlight inconsistencies in witness statements and questioned the impartiality of some testimonies.
Phillips was ultimately found guilty of the lesser charge of manslaughter on April 19, 2024. The jury acquitted him of the firearm charges, and the second-degree murder charge was reduced. The conviction of manslaughter carries a potential sentence of up to 20 years in prison.
Court documents and witness statements revealed that Phillips and Matos-Colon argued on the morning of the shooting, which other crew members overheard.
The argument, reportedly about Phillips’ mother, escalated quickly. Witnesses described how Matos-Colon tried to distance himself from Phillips, who then fired multiple shots.
One witness saw Matos-Colon running while Phillips walked in the opposite direction.
One witness said he had seen Phillips firing a handgun at Matos-Colon from a distance of about seven feet, and Matos-Colon was “trying to get away.” The witness said he saw Phillips fire four shots and heard two or three shots strike a metal object that was nearby.
After he fired the shots, Phillips wandered around for a couple of minutes before saying that Matos-Colon had said something about his mother. Phillips also asked others at the scene if they had “(expletive) narced” or snitched on him by calling the police.
According to a third witness, Phillips asked others at the scene if they were going to give him a ride away from the work site or call the cops.
BULT Wireless, established in 2021, has ceased operations. Established by Austin Bultman in Hawarden, Iowa, it is now showing as inactive. The company’s website is no longer active, and Bult’s main phone number has been disconnected. Other attempts by Wireless Estimator to reach the contractor were unsuccessful.
After Matos-Colon was killed, his family couldn’t afford to bring him back to Arecibo to be buried. A GoFundMe campaign raised $5,489 of its $10,000 goal, and burial services were held on May 15, 2023.