Phillip McCollum - Indiana

State: Indiana
Sentence: 110 years
Offense: Conspiracy to commit dealing in cocaine (2 counts), dealing in cocaine (2 counts), habitual offender
Priors: Burglary (1970); misdemeanor battery, reckless driving (1973); forgery checks (1974); assault & battery on police officer (1977); driving on a suspended license (1978); battery (1979); DUI (1983)
Year sentenced: 1989
Age at sentencing: 36
Earliest possible release date: May 29, 2040

Phil was born and raised in Indiana. His father ran a tree trimming business and fell to his death when Phil was only 11. At age 13, Phil began using drugs to cope with the pain of his father’s death. He quickly became addicted and used drugs daily until his incarceration. Phil supported himself as an ironworker and occasionally sold cocaine to support his drug habit.

As he descended further into addiction, Phil began getting into fights and stole. At several points, he tried to seek counseling but could never stay sober. In 1986, the height of the war on drugs, Phil sold cocaine to a confidential informant (CI) who was working for the police. After his arrest, Phil rejected the prosecution’s offer to become an informant and went to trial. He was sentenced to 40 years for the first count of conspiracy to commit dealing in cocaine to run concurrent with 40 years for the second count of dealing in cocaine. On the third count of conspiracy to commit dealing in cocaine, Phil received 40 years to run concurrent with a 40-year sentence for dealing in cocaine. Phil also received a 30-year enhancement on the habitual offender charge for a total of a 110-year prison sentence.

During his incarceration, Phil underwent a transformation. He enthusiastically participated in drug treatment and achieved sobriety after a lifetime of substance abuse. Phil has now been sober since 1990. He was certified in heating and air conditioning from technical college. A middle-school dropout, Phil earned his GED and then his Bachelor’s degree with honors from behind bars.

While Phil was in prison, the Indiana Supreme Court ruled that consecutive sentences for the sale of the same drug to the same confidential informant were illegal. In 2008, Phil filed for a sentence modification. Several Indiana Department of Corrections officials testified to Phil’s accomplishments and his outstanding character.  The forensic psychologist that evaluated Phil stated that he had an extremely low risk of recidivism. Indeed, Phil had only three minor infractions during his 21 years in prison. Judge Donald C. Johnson granted Phil’s motion and declared his original 110-year sentence unconstitutional. Judge Johnson changed Phil’s sentence to 40 years. With an additional sentence reduction for extraordinary rehabilitation, Phil McCollum was released after 21 years behind bars.

Phil walked out of Indiana state prison determined to make a better life for himself and his family. After two decades, Phil returned home to his mother, wife, children, and grandchildren just in time for Christmas. Over the next few weeks, Phil reconnected with his loved ones. He found a job and spent his time caring for his ailing mother. Miraculously, Phil was successfully readjusting to life after 21 years in prison.

On February 18, 2009, Phil got bad news: the prosecutor’s office had successfully pushed to reinstate his original sentence. Phil’s family was devastated and frantically looked for a way out.  But Phil told his family that he only had one choice: to do the right thing and turn himself in.  Sixty-five days after his release, 57-year-old Phil drove himself back to jail and surrendered himself to authorities. He is currently serving the remainder of his 110-year sentence.  On June 30, 2009, Phil and his attorney appealed the decision to reinstate this sentence.  The appeal is still pending and Phil has also filed for clemency.

Despite the enormous impact this ordeal has had on Phil, his concerns are mostly for family. His wife Kitty has stuck by him all of these years. Phil’s mother is dying and he worries that the months he must spend in prison before his appeal and clemency petition are heard will be her last. Phil himself suffers from early-onset Alzheimer’s as well as emphysema.

Over 3,000 people have signed a petition demanding clemency for Phil. His supporters, including a state senator, a state representative, and Judge Donald Johnson believe Phil is rehabilitated and has served enough time. However, unless Phil receives clemency or the law is changed, he will spend the rest of his life behind bars for a nonviolent drug offense he committed over 20 years ago. To support clemency for Phil McCollum, please visit http://www.freephilip.com/ to sign the petition and to learn more information about his case.