VIRGINIA BEACH, Va. — The owner of the LGBTQ entertainment venue Rainbow Cactus in Virginia Beach was indicted Monday by a grand jury for shooting and injuring a customer.
The case now moves to Virginia Beach Circuit Court where it will go to trial.
According to court records, police said Alan Phillips shot Serina Concepcion, a customer at the establishment, on Nov. 3, 2023.
Investigations
Rainbow Cactus owner charged with shooting customer
A bail determination checklist for Phillips following his arrest on Nov. 3 said 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.
Phillips declined to answer News 3 anchor Jessica Larche’s questions following a preliminary hearing about the shooting last month. His attorney said while there is no doubt Phillips shot Concepcion, she said the woman was in a fight with friends at the bar and threw drinks at Phillips prior to the shooting.
Preliminary hearing
During last month’s preliminary hearing, 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 statements a detective said Phillips made to her 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.
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.
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.”
News 3 is working to learn when the current case against Phillips will head to trial.
