Rody Phillips was 14 years old when he was charged with the first-degree murder of 7-Eleven clerk, Sun Ku Kwon, on Dec. 6, 2004 in Mount Vernon.

Phillips, now 15, could be released from the juvenile justice system back into the community by the time he turns 21.

Or he could be end up serving the 25 years in prison that Fairfax County Circuit Court Judge Marcus D. Williams suspended from his sentence.

Judge Williams sentenced Phillips, who was prosecuted as an adult, to serve the beginning of his sentence for first-degree murder in a juvenile facility until he is 21 where he will receive treatment options he needs.

Williams also sentenced Phillips Friday, Sept. 8, to serve 15 years for first-degree murder and 10 years for attempted robbery but suspended all that time with the understanding that Phillips continue mental health treatment and good behavior.

Whenever he is released, Phillips will be placed on probation for 10 years and will be required to maintain full-time employment or education programs.

"The judge was fair with us. Now it is up to Rody to do what he will with the opportunity he’s been given," said John Waters, Phillips’ step-father , outside the courthouse after Phillips’ sentencing hearing Friday, Sept. 8.

"Rody did something terrible and he needs to make amends for that, he will now also get the help he needs," Waters said.

The Fairfax County Circuit Court will continue to monitor Phillips’ progress and rehabilitation in the juvenile justice system until he is 21.

"We have a long road ahead of us," said Stephanie Waters, Phillips’ mother.

"To Mr. Kwon’s family and friends, I’m sorry this ever happened," she said. "My son is tremendously sorry also."

PHILLIPS HAD NO HISTORY of criminal or violent behavior, according to all parties involved. There weren’t even reported discipline problems at school. His young age was one factor in his sentence.

Another factor cited by the defense was Phillips’ treatment for depression. Just a month before the murder, Phillips was prescribed an antidepressant drug that can be associated with violent and suicidal behavior in adolescents.

"This act committed by Mr. Phillips could not have been predicted," said Crystal A. Meleen, Phillips’ defense attorney, who requested that her client be sentenced as a juvenile.

"By all accounts, he was a well behaved child," said Deputy Commonwealth’s Attorney Raymond F. Morrogh, who had no objections to Phillips beginning his sentence in the juvenile system.

"It seems overly harsh to sentence him to an adult adult facility given his immaturity," Morrogh said at Phillips’ plea hearing in June.

Judge Williams noted the unusual aspects of the case, including Phillips age, the fact that he had never been in trouble with the law before and his mental health issues.

"We have a young man who is suffering from depression, and, as a result of his depression, it is recommended that he take a particular drug that appears to have some impact on his mental health," Williams said, noting that the drug "is not recommended to be given to children and it comes with a set of warnings that the drug can be dangerous." Effexor is approved as effective for adults.

IN THE EARLY MORNING of Dec. 6, 2004, Rody Phillips couldn’t get back to sleep after waking around 3 a.m., and he walked around the Fort Belvoir military base where he lived with his mother and step-father.
Wearing camouflage clothing and black army boots, Phillips stole knives and ornamental hand grenades from the commissary on the base and walked to the 7-Eleven at 5638 Mount Vernon Highway where he waited outside until customers left around 5 a.m.

Kwon, 60, was working the midnight shift with another clerk and was stocking sandwich shelves when Phillips approached and stabbed him from behind.

"Call 911, I’ve been stabbed," Kwon said, according to prosecutor Morrogh.

"Phillips then said, ‘All I want is your money. I have a hand grenade,’" Morrogh said.

Despite suffering from the fatal stab wound, Kwon ran outside with the other clerk thinking there was going to be an explosion from the grenade.

Fairfax police found Phillips walking down Route 1.

After the murder, Phillips gave police a lengthy statement, including saying "he was hearing voices that were telling him to hurt somebody," according to Morrogh.

PHILLIPS’ PARENTS TRIED to get mental health treatment for their son in the months before the crime, according to both prosecutors and defense attorneys.

Phillips battled depression following his move to Fort Belvoir from Texas, where he had lived with his father and stepmother.

Phillips was diagnosed on Oct. 4, 2004 with clinical depression and prescribed the anti-depressant, at the beginning of November, a month before the murder.

"What you have is a family that noticed a problem and went for help," said Meleen.

"They did everything parents could do for their child," agreed prosecutor Morrogh.

Meleen presented evidence of the effects of Effexor on adolescents and her client as mitigating evidence during Friday’s hearing, citing federal warnings that that the drug is associated with suicidal and violent behavior in adolescents.

When her client stopped taking the prescribed medication in jail, his grades improved, he was no longer a suicide threat, and his mental health improved, Meleen said in April 2005 when she requested that Phillips be evaluated to determine his sanity at the time of the offense.

"Poor Mr. Kwon, Mr. Phillips had nothing against him," Meleen said Friday.

"I think if Rody had not been given that medication, this wouldn’t have happened," said the defense attorney.

AT FRIDAY’S HEARING, Phillips, now 15, told Judge Williams, "I’m sorry for what happened and I’m sorry for what I did. No matter what the outcome, I’ll respect the decision."

Before he imposed his sentence, Judge Williams asked the 15-year-old if there was anything the court should know about the current state of his mental health.

"Mental health staff are here every few weeks to check up on me and they seem to think I’m all right," said Phillips.

"What do you think?" Judge Williams said.

"I feel like I’m all better," the teenager said, "but I’d like them to check on me every few weeks."