The man who pleaded guilty to striking and killing a cyclist in 2022 on the 11th Street Bridge has been released on parole and filed a motion for the return of his belongings, including the truck he was driving when he fatally struck Gloria San Miguel.
San Miguel was riding her bike on the 11th Street Bridge between Newport and Covington when Mark Phipps struck and killed her on Aug. 20, 2022. Phipps, 61 at the time, pled guilty in July of that year to second-degree manslaughter, tampering with physical evidence, leaving the scene of an accident, and driving on a suspended license.
Phipps was sentenced to 10 years in prison in 2023, which was the maximum sentence permitted by law; however, according to Campbell County Commonwealth Attorney Michael Zimmerman, a second-degree manslaughter charge at that time had a 20% parole eligibility under the law.
“We pursued and got the maximum sentence permitted by law for the charge, and then subsequent to that, we actively opposed his parole,” Zimmerman told LINK nky.
At the time of sentencing in 2023, Phipps was given the sentence of 10 years for second-degree manslaughter, five years on each count of tampering with physical evidence, leaving the scene of an accident, and 12 months for driving while his license was suspended for a DUI aggravator by Campbell County Circuit Court Judge Julie Reinhardt Ward. Those sentences ran concurrently.
Phipps had already served 376 days and received credit for that toward his sentencing.
Phipps’ mandatory supervision date began June 9.
Through his attorney, Phipps filed a motion on Aug. 4, asking for the return of items in evidence, including but not limited to his truck and tools that were in the truck. Ward is scheduled to hear the motion on Aug. 7 at 9 a.m.
LINK nky reached out to that attorney for comment but has not yet heard back.
