A 69-year-old man who was injured in a shooting more than two years ago that left one man dead was sentenced to 10 years of community supervision after he admitted to hiding the weapons used in the shooting.
Burns Phenix Jr., who has been out on bond, appeared in court Jan. 15 and pleaded guilty to a count of tampering or fabricating evidence, a third-degree felony that carries a punishment of two to 10 years in prison.
As part of his plea deal with the Lubbock County District Attorney’s Office he was placed on deferred adjudication, meaning the court will hold off on entering his conviction for 10 years. If he successfully completes his term of community supervision, the case against him will be dismissed.
However, he faces the full range of punishment if the court revokes his community supervision.
Investigation a deadly shooting in east Lubbock
Phenix was one of two people injured in a Sept. 16, 2023 shooting about 7:30 p.m. in the 2600 block of Ivory Avenue.
Lubbock police officers responding to the shots-fired call found 49-year-old Levone Madden and 63-year-old Martha Maden suffering from gunshot wounds. They were taken by ambulance to University Medical Center where Madden died.
Investigators learned that a third person, Phenix, also suffered gunshot wounds and was taken to the hospital by private vehicle, officials said.
An initial investigation indicated Phenix and Madden were socializing all day. However, in the evening, the two began arguing in the 2600 block of Ivory Avenue, the argument escalated and the men shot at each other, according to a police news release.
Maden was struck during the cross fire and suffered a non-life threatening injury, according to a probable cause affidavit.
At the hospital, Phenix reportedly admitted to his involvement in the shooting. However, the document does not disclose what the two men argued about before they shot at each other.
Evidence collected from the scene corroborated Burns’ and witness statements that two firearms were used in the shooting.
During his interview with detectives later that night, Phenix said he took Madden’s firearm because he was afraid someone else would pick up the weapon and shoot him with it.
He said he hid both his and Madden’s weapons and refused to tell detectives where they were. But he said he would surrender them once he was released from the hospital.
Phenix called detectives the day after the shooting and told them the weapons were no longer in the dumpster, the warrant states.
Phenix was arrested a day later on the tampering charge for impeding in the homicide investigation.
Jail records show Burns was released the next day on bond set at $10,000.
This article originally appeared on Lubbock Avalanche-Journal: Conviction deferred for man who hid guns in deadly 2023 shooting
Reporting by Gabriel Monte, Lubbock Avalanche-Journal / Lubbock Avalanche-Journal
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