BOWLING GREEN, Ky. – An Indiana man will serve 30 months in federal prison for illegally selling the firearm that was used in the shooting death of Russell County Deputy Sheriff Josh Phipps.
Shawn Michael Kays, 41, of Terre Haute, Ind., was sentenced Tuesday in federal court in Bowling Green after pleading guilty on Oct. 1, 2024 to a firearms trafficking charge.
Phipps, an Adair County native, died in the line of duty on Sept. 16, 2024 in Russell County.
On Tuesday, United States District Judge Greg Stivers heard arguments from defense attorneys then listened to testimony from Kays; Pam Phipps, the mother of Deputy Phipps; Shannon Evans, his aunt; Russell County Sheriff Derek Polston; and former Adair County Sheriff Josh Brockman.
Kays has admitted to transporting a 9 mm Smith and Wesson pistol across state lines between November 2023 and January 2024. Kays said he sold 30 Dilaudid pills to someone identified in court records as J.A. The man, a convicted felon, repeatedly asked Kays to sell him the pistol that Kays possessed. He agreed. His attorneys argued that Kays had no knowledge that the buyer of the gun would use it in the manner that he did.
On Sept 16., 2024, that firearm was used in the shooting death of Deputy Phipps. Kentucky State Police reported that the incident began when a trooper attempted to conduct a traffic stop. The driver of the vehicle, Joshua Arnold, 41, exited the vehicle and fired a handgun then fled on foot.
Multiple officers responded to the scene, including Deputy Phipps, and during the search for Arnold, Deputy Phipps entered a camper trailer. Moments later officers heard multiple gunshots fired from inside the trailer.
Troopers responded to the trailer and found that Arnold and Phipps both suffered from life threatening injuries from gunshot wounds. They both were later pronounced dead at the Russell County Hospital.
Kays faced a maximum sentence of 15 years, but that was reduced to 30 months following federal guidelines for this particular case. Kays pleaded guilty to the charge, cooperated with federal prosecutors and displayed remorse for his role in the events that led up to the death of Deputy Phipps. His history also played a role in the sentencing formula.
In February 2024, Kays was arrested for possession of methamphetamine in Indiana and placed into a pre-trial diversion program. He had no other felonies.
He has successfully completed a drug treatment program. He is currently involved in out-patient follow up care for drug addiction.
Following testimony on Tuesday, Judge Stivers sentenced Kays to 30 months in federal custody and 36 months of supervised probation upon his release.
Brockman, former Adair County sheriff who assisted during the search on the day Deputy Phipps died, commented following the sentencing hearing:
“I’m pleased with the sentence due to it being the maximum under the sentencing guidelines. Although he didn’t commit the murder of Deputy Phipps, his actions of knowingly selling a firearm to a convicted felon directly contributed to his death.”
There is no parole in the federal system. This case was investigated by the ATF Louisville Field Division, Bowling Green Branch Office, and the Russell County Sheriff’s Office, with assistance from the ATF Columbus Field Division, The ATF Indianapolis Field Division Office, and the Kentucky State Police.
By Sharon Burton
snburton@adairvoice.com
