Defense attorney Michael Devine said friends describe his client, Phillip David Gray, as "a big, teddy-bear type of guy." But when the "teddy bear" goes on a rampage against a woman, it's a different matter entirely.
After Gray accosted a Chantilly woman outside her apartment, pushed her to the ground and sat on her, police charged him with abduction and burglary with the intent to commit a felony. And last Friday in Fairfax County Circuit Court, he was sentenced to a year in jail.
"When I was reading the pre-sentencing report, I was shocked at this defendant's behavior toward this woman," said Assistant Commonwealth's Attorney Toni Fay. "Mr. Gray should not push himself on people like this. He can't barge into people's houses and take them captive."
The incident occurred in February; and when Gray, 31, of 7086 Shepherdstown Road in Warrenton, pleaded guilty on Oct. 26, Assistant Commonwealth's Attorney Michael Ben'Ary explained the facts of the case.
HE SAID Gray and the woman, 27, worked together and had become friends. Ben'Ary said Gray wanted a romantic relationship with her, but she wasn't interested. However, that didn't stop him from pursuing her, and he later told authorities that they were romantically involved.
On Feb. 13, she was leaving her home after dark to walk her dog, when she discovered Gray holding a bowling bag and waiting for her in the breezeway of her apartment. "He put his hand over her mouth, pushed her to the floor and sat on her," said Ben'Ary. "He had her call a counseling number. She then convinced him she was injured, so they left to seek medical care for her."
As they left, another man — the woman's current boyfriend — approached them. She told him to go away, but he became suspicious and followed them to the nearby Safeway in the Sully Station Shopping Center, where Gray's car was parked.
When she and Gray arrived there, the other man drove up and again confronted Gray. He loosened his grip, and the woman ran into the Safeway grocery store and screamed for help. Gray chased her, but the boyfriend drove his car in between Gray and the victim. Still undaunted, Gray continued chasing the woman. But when he noticed a group of people gathering to help her, he fled in his car.
A short while later, he admitted himself to Fauquier County Hospital for treatment of injuries sustained when the boyfriend's car ran over his foot. Fairfax County police then obtained warrants for Gray's arrest, and Fauquier County sheriff's deputies served them.
Ben'Ary said police found the bag Gray had left in the woman's apartment. He said it contained towels and duct tape. However, Gray denied having duct tape in the bag.
Friday morning in Circuit Court, Fay told Judge Stanley Klein that she and Ben'Ary had spoken about this case. And she noted that Devine and Ben'Ary had agreed on a year in jail as Gray's punishment.
"I'm going to ask for that," she said. "He shows no remorse for what he did. But the victim and — most importantly — the defendant need to know that the court takes this seriously."
DEVINE SAID his client is 31, has never been in trouble before, lives at home and supports his mother. "I agree, Mr. Gray had no business doing what he did," said Devine. "She's a slight woman; he's a big man. He didn't put his full weight on her. But the victim-impact statement talks about [the woman's] emotional injuries."
Still, he said, "There was potential there for great violence — things that could have, but didn't, happen. He went there with the intent to talk to her, not cause her harm, and he didn't hurt her. He found himself in an emotional situation he was ill-equipped to deal with."
"The facts, initially, are scary," continued Devine. "But he did an impulsive action; he didn't plan it. But he knows his punishment is forthcoming and is deserved. And for what happened, he does have remorse."
Then it was Judge Klein's turn, and he had the final say. "I'm still not sure what relationship you had with the victim," he said. "But whatever it was — ultimately, you broke into someone's home, put your hand over her mouth, pushed her down and did something to her with your body — although it wasn't sexual."
"It had to be terribly scary," said the judge. "I can only imagine how much fear she must have felt — even if she knew you. You may not have intended to hurt her, but there's no way she would have known that. The consequences on her were severe — and if it weren't for the plea agreement, the consequences on you would be more severe."
On each count, Klein sentenced Gray to four years in prison, suspending all but 12 months of that time. He ran the sentences concurrently and placed Gray on three years active probation upon his release. He also ordered him to undergo whatever mental-health counseling his probation officer advises.
"And as an additional condition of your probation, you are to have no contact with the victim — none," said Klein. "Don't go anywhere near her."