Quanis L. Phillips back in custody

Updated: March 15, 2011, 6:06 PM ET
Associated Press

RICHMOND, Va. -- A judge sent a co-defendant in the Michael Vick dogfighting case back to jail Tuesday until a hearing later this month on whether the man violated his probation by lying to authorities, failing to follow orders and using illegal drugs.

Quanis L. Phillips, who was shot in the leg after a birthday bash for Vick at a Virginia Beach nightclub in June, is accused of lying when he told his probation officer that he did not speak with the Philadelphia Eagles quarterback that night. His probation officer also says in court papers that Phillips failed to report run-ins with police, blew off a required mental health appointment and recently tested positive for marijuana use.

Phillips showed up for a probation revocation hearing Tuesday without an attorney. U.S. District Judge Henry E. Hudson appointed a lawyer from the federal public defender's office to represent Phillips and rescheduled the hearing for March 28.

"Based upon your track record on supervised release, you will remain in custody until your hearing," Hudson told Phillips, who was led away by U.S. marshals.

In November 2007, Phillips was sentenced to 21 months in prison and three years of probation for participating in Vick's "Bad Newz Kennels" dogfighting operation in rural southeastern Virginia. Phillips was released from prison in February 2009. He has less than a year remaining on probation, but Hudson could return Phillips to prison for that time.

"Phillips' adjustment to supervision has been unsatisfactory," federal probation officer Rodney T. Lang said in court papers. " ... Phillips has failed to appreciate the seriousness of his situation and has not taken responsibility for his actions."

Lang said Vick told his probation officer that he had spoken to Phillips the night of the birthday party, directly contradicting what Phillips had told Lang. No arrests were made in the shooting of Phillips, which occurred after Vick had left the party.

Vick, who pleaded guilty in 2007 to dogfighting conspiracy, served 18 months of a 23-month sentence in prison and an additional two months on home confinement before resuming his NFL career.

He had a standout season for the Eagles after taking over as the starting quarterback last fall and was named to the Pro Bowl.


Copyright 2011 by The Associated Press