SMETHPORT – Was it days of beer drinking and steak eating, or
did Ralph “Bucky” Phillips hold Ludlow man Todd Nelson hostage
during several days in August?

Nelson pleaded guilty Thursday in McKean County Court to
hindering the apprehension or prosecution of Phillips and to
loaning, lending or giving a firearm to a person prohibited from
possessing it. He was sentenced to nine to 23 1/2 months in McKean
County Prison and given credit for time served since Aug. 31.

But Nelson’s attorney, Dennis Luttenauer of Kane, and District
Attorney John Pavlock told differing stories of Nelson’s role
during the time he was in contact with the accused cop killer that
made national headlines during his five months on the run from
police.

Pavlock addressed Judge John Yoder first, explaining what
Kane-based state police learned of Nelson’s involvement.

Pavlock said that on Aug. 17, Phillips stopped at a junkyard
that was owned by Nelson’s father outside of Kane, said he needed
to work on the motorcycle he was riding and asked about parts for
it.

“He said that his first name was ‘Dan’ and that he was down on
his luck and needed somewhere to stay,” Pavlock said. Nelson was at
the junkyard at the time. His father asked if “Dan” could stay with
him at a trailer on his property in Ludlow. Nelson agreed.

Nelson and Phillips went to Ludlow, where Phillips worked on the
motorcycle and then left. The two talked before Phillips left. He
returned several days later before sunrise, Pavlock said, staying
at Nelson’s the entire day and leaving after dark.

He came again a few days later. The two men “sat and talked and
drank a 30 pack of beer, each drinking about 15 beers,” Pavlock
said. “At about midnight Phillips said he had somewhere to be and
left.”

But when he was at Nelson’s home, he saw a 9 mm pistol and took
it. Nelson did not stop him, Pavlock said.

“It was clear that, when he left Nelson’s home the third time
with Nelson’s 9 mm pistol, Nelson knew that Phillips was a felon
that had escaped from prison in New York and that he was wanted by
the police in New York for the shooting of a New York State
trooper,” Pavlock said. “Nelson had gained this knowledge from
prior conversations with Phillips.”

After Phillips left, Nelson reported his gun had been stolen. He
made no mention of Phillips.

On Aug. 27, Phillips again returned to Nelson’s, this time with
a car load of stolen guns from a burglary of a gun shop in
Ellington, N.Y.

“Nelson knew that Phillips had placed the guns in the trunk of a
car in Nelson’s garage,” Pavlock said. “Phillips then told Nelson
that Nelson was going to drive him to ‘the hornet’s nest’ in New
York.”

He returned Nelson’s pistol, and when Nelson told him he had
reported it stolen, Phillips said to tell the police he had found
it.

Nelson said Phillips forced him to drive to New York. Pavlock
said, however, “Nelson specifically told the Pennsylvania State
Troopers that interviewed him that Phillips told him ‘you’re my
hostage.’ Further, ‘uh, he put the gun to my side. I think he was
just joking. He said that he wouldn’t hurt me.'”

Nelson took Phillips to the Cassadaga, N.Y., area. Several days
after that, two additional state troopers were shot, allegedly by
Phillips, near there. Trooper Joseph Longobardo died of his wounds;
Trooper Donald Baker Jr. is still recovering from his wounds.

On Aug. 30, Nelson reported to Kane-based state police that he
had found his gun. Police were suspicious and asked him to come to
the barracks to be interviewed. While there, Nelson admitted to his
contact and conversations with Phillips, Pavlock said.

As part of Nelson’s plea, he agreed to cooperate with
authorities in Chautauqua and Chemung counties in New York
regarding their cases against Phillips, as Phillips had made
statements to Nelson that will likely help in the prosecution of
Phillips, Pavlock said.

However, Pavlock said, the sentence should reflect that Nelson
had several chances to turn Phillips in, but didn’t.

“He kicked back with Phillips and the two of them drank a 30
pack and ate steaks,” Pavlock said. And then he drove him back to
New York.

“What if he hadn’t driven him there in the first place, what if
he hadn’t let Phillips stay at his residence or had called the
police as soon as he knew who he was …? Would one New York state
trooper still be alive and another uninjured?” Pavlock asked.

Luttenauer, on the other hand, said Nelson was operating on one
simple principle – “Keep your mouth shut and you won’t get
hurt.”

“He had heard Phillips make a number of threats,” Luttenauer
said, alleging Phillips told Nelson about one person who “screwed
him over” and got his house burned down for it.

Nelson knew Phillips was dangerous, Luttenauer agreed, but did
nothing to report Phillips because the fugitive knew where Nelson
lived, and where his family lived and had managed to avoid capture
for a long time.

“On Aug. 27, there were over 30 firearms still there” at
Nelson’s property, Luttenauer said. “Phillips said he was coming
back to get them.”

Luttenauer asked Yoder to consider the “individual
characteristics” of Nelson, whom he described as a “loving father
and uncle who is compassionate to others.”

“It was part of that kindness that first caused him to take
Bucky Phillips into his home,” Luttenauer said. “I think Phillips
was very skillful at exploiting that.”

Before imposing the sentence, Yoder said he did take into
consideration that Nelson is cooperating with law enforcement, but
also the circumstances of the fugitive that Nelson had helped.

“Bucky Phillips was not wanted for unpaid parking tickets,”
Yoder said. He added that after Nelson dropped off Phillips near
Cassadaga on Aug. 27, Nelson encountered two state police
roadblocks on the way home. “And you said nothing.”

Nelson is also facing federal charges for providing a firearm to
Phillips. Yoder fashioned his sentence to run concurrently with any
federal sentence imposed.