VIRGINIA BEACH, Va. — Alan Phillips, the owner of the LGBTQ entertainment venue Rainbow Cactus in Virginia Beach, is facing charges of malicious wounding and use of a firearm in commission of a felony for the Nov. 2, 2023 shooting of Serina Concepcion, a customer at the establishment.
"People need to see this, people need to see my gunshot. People need to see what’s happening," Concepcion told News 3 anchor Jessica Larche.
Concepcion told Jessica the bullet went into her stomach and exited near her buttocks. She's been using a walker since the incident.
According to a bail determination checklist for Phillips following his arrest on November 3, a police officer “heard gunshot coming from the direction of Rainbow Cactus; there was a fight in the parking lot and victim stated that she was shot.”
The court record also reads, “owner/accused admitted that victim was not armed but came at him swinging and he fired his gun striking her.”
The same court document said the victim was transported to the hospital after the shooting, treated and released.
Preliminary hearing
In a preliminary hearing Thursday morning, Concepcion, testified that she has bullet fragments remaining in her leg and has to walk with the assistance of a walker. She said the bullet entered her stomach and exited through her buttocks.
According to Shemeka Hankins, Phillips' attorney, and testimony from a VBPD detective, there is no question about whether Phillips shot conception. The circumstances of what led to the shooting is being debated in the court case.
Hankins said Concepcion threw drinks at Phillips inside the bar, and an altercation with her friends inside the bar spilled outside, where Phillips followed.
According to statements Phillips made to a detective after the shooting, Concepcion was approaching Phillips in a threatening manner outside the bar. He then told the detective he "saw murder in her eyes" before firing the weapon. The detective said Phillips was aware that Concepcion did not have a weapon.
The judge Thursday certified Phillips' case to a grand jury, which will decide on February 5, 2024 if the case moved forward to Ciricuit Court, where a plea hearing and trial will be decided. Phillips' attorney said in the meantime, her client is not allowed to have a gun or any contact with the victim.
Hankins also said more details about Phillips' defense will be revealed as the case progresses.
The night of the incident
When News 3 investigates reached out to the VBPD about the shooting, a spokesperson said:
"On November 3, 2023, just before 2:00 A.M., a Virginia Beach Police Department (VBPD) officer on patrol heard a gunshot in the Princess Anne Plaza area. The officer proceeded to investigate and located an adult female victim at the 400 block of S Lynnhaven Parkway [which is adjacent to the business] who had sustained a gunshot wound. The victim was transported to a local hospital with non-life-threatening injuries.
"Further investigation into the incident revealed that an altercation had taken place between the victim and the alleged shooter, identified as Alan Phillips (M/62) of Norfolk, who was taken into custody. Phillips is facing charges of Malicious Wounding and Use of a Firearm in the Commission of a Felony."
Phillips was initially held without bail after his arrest, but was later granted a $5,000 secured cash bond on November 8, according to court records, .
News 3 investigators also learned that on Jan. 10, 2024 — a little more than a week before Thursday’s preliminary hearing in this case — a Virginia Beach judge granted an order amending the conditions of Phillips’ bond to allow him to travel to Key West, Fla. from Jan. 11 to Jan. 16, 2024 “for the express purpose of a family vacation.”
Court records also show Phillips was charged with assaulting James William Ross at Rainbow Cactus a decade ago in 2014, but online court records reveal Phillips was found not guilty.
According to a criminal complaint in that case, Ross said Phillips and a security guard at the venue “slammed me to the ground” and “put their knees on my back.” Ross continued in the complaint, “they pulled my arms and put handcuffs around my wrist. Twenty minutes later I was released, and I went to the hospital.”
