Saying He's 'Wrong Man,' Sub Shop Killer Gets Life

By THOMAS W. KRAUSE The Tampa Tribune

Published: Jun 16, 2007

TAMPA - Phillip Austin Jr. stood in front of a judge Friday morning and delivered a long rambling soliloquy, at one point invoking the Rev. Martin Luther King Jr., as he begged for his release.

"Free at last! Free at last! Thank God almighty, I'll be free at last!" the 20-year-old said.

Austin decried last month's jury verdict that said he walked into a Subway sandwich shop in Town 'N Country, pulled a gun and shot two clerks. A videotape documented the December 2004 crime. Witnesses at the trial included the surviving clerk and two of Austin's accomplices.

Witnesses said Austin shot and killed Danielle Miller, the 22-year-old behind the register, because she did not open the cash drawer fast enough.

At the sentencing hearing Friday, Austin maintained he didn't do it.

"The God's honest truth is I am innocent," he said. "You got the wrong man here."

Austin talked in circles, repeatedly declaring that he is not guilty. He smiled at a television news crew sitting in the courtroom and offered his plea for justice.

"To the news camera," he said. "I am innocent."

Circuit Judge William Fuente wasn't swayed.

For killing Miller, a fashion student about to start her career in the clothing industry, Fuente sentenced Austin to life in prison. For the attempted murder of Dorothy Hayes, who was shot in the stomach, Fuente sentenced Austin to life in prison. For two charges of robbery with a firearm, Fuente sentenced Austin to life in prison.

He is not eligible for parole.

Miller's family, who live in Ohio, flew to Tampa last month for Austin's trial. When Austin was convicted, they were given the opportunity to speak in court so they would not have to return for the sentencing.

Susan Kovach-Bertele, Miller's mother, commented about Austin's scowl throughout the trial. She said she was certain he felt no shame for his actions.

Miller's twin sister, Rachelle, said Austin took away her best friend.

On Friday, Assistant State Attorney Doug Covington told the judge that the gun was old and in rough shape. It took 17 pounds of pressure to pull the trigger. Covington said Austin shot Miller twice and Hayes once. On his way out, he tried to shoot Hayes again, but the gun jammed.

"He sat before you and told you he is innocent and the system is all wrong," Covington told the judge. "The system actually functioned properly. Twelve people found him guilty."

The only person to speak on Austin's behalf was his father, Phillip Austin Sr.

"It's a sad situation for both families," he said. "I just want everyone to know that my son was brought up correctly. He is not an evil person. He accomplished impeccable things at an early age."

Austin Jr., his father said, was a checkers champ at age 6, played the cello at age 9 and was awarded a full scholarship to Florida A&M University. Instead of college, the 20-year-old will live his life behind bars.

The judge shook his head at the thought.

"This was the most senseless act of violence I can imagine," Fuente said. "This was not necessary. Not necessary at all."

Fuente said he had no idea how a smart and talented man from a good family can walk down the path of violence, guns and drugs.

"I don't understand it," he said.

Reporter Thomas W. Krause can be reached at (813) 259-7698 or tkrause@tampatrib.com.