Smith County commissioners oppose settlements in Phillips, Voss lawsuit

Published 2:05 pm Tuesday, May 21, 2024

The Smith County Commissioners reconvene after executive session Tuesday morning. (Contributed Photo)

The Smith County Commissioners Court adjourned its meeting Tuesday to enter in an executive session to discuss pending multimillion-dollar lawsuits filed by Karen, Derek and Lance Phillips, as well as Cody Voss.

Judge Neal Franklin and Commissioners Pam Frederick, John Moore, and Ralph Caraway Sr. unanimously opposed reaching a settlement in any of the cases. Commissioner Terry Phillips was not at the meeting. He is married to Karen, who is the county clerk, and he is the father of Derek and Lance.

Thomas Wilson, Smith County assistant district attorney, estimated the lawsuits and criminal cases could cost the county an estimated $300,000.

Karen Phillips filed a multi-million dollar lawsuit, alleging violations of her constitutional rights. Now the claim is on hold by the federal court following the May 9 guilty verdict of interfering with her son Derek’s arrest.

The charge of interfering with public duties stemmed from a March 28, 2023 traffic stop that began with Derek, 38, confronting a Smith County deputy conducting a stop for Voss’ tail lights being out.



According to reports from CBS19, court documents state Karen grabbed and pushed officers who tried to arrest her son Derek after he ran into her home. The prosecution said she came toward the deputies multiple times and repeatedly got in between the deputies and her son.

“It was an initial claim of $10 million,” Wilson said during the meeting. “We anticipate that this claim will no longer go forward based on the guilty finding.”

Derek and Voss’ claim was for more than $150 million.

Derek’s claim was dismissed by the Federal District Court following a guilty finding. On March 8, Derek was sentenced to 30 days in county jail for interfering with a traffic stop and resisting arrest.

Voss’ claim is pending, however he did offer to settle for $4 million. Voss pleaded no contest to the offense of a defective tail light. His failure to identify charge was dismissed, but the court did find there was probable cause at the time the citation was issued.

The claim by Lance Phillips against Smith County has not yet been filed. Wilson said the claim is being filed under a new deductible that requires $50,000 to be paid prior to Texas Associations of Counties paying any coverage. The claim totals $100,000.

Lance has pending charges of hindering proceedings by disorderly conduct and assault of a judge or peace officer in connection with accusations of disrupting Smith County Commissioners Court meetings, according to CBS19.