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Guardian found guilty of starving boy to death

DENVER - Jon Phillips, 27, will spend the rest of his life in prison after a jury found him guilty of first-degree murder in the death of 7-year-old Chandler Grafner on Tuesday.

The jury reached its decision after nearly four hours of deliberations.

During the trial, prosecutors told the jury Phillips kept Grafner locked inside a linen closet for days without food or water. The boy weighed just 34 pounds when his lifeless body was rushed to Swedish Hospital on May 6, 2007. Phillips had custody of the boy at the time.

As the verdict was read in open court, Phillips showed little emotion, but a few people in the gallery could be overheard saying, "Yes!" in hushed tones.

Phillips' parents, who were sitting in the front row as the verdict was read, were visibly upset. Phillips' mom broke into tears and buried her head in Phillips' father's chest.

The sentencing phase of the trial began immediately, and several people who knew Grafner got an opportunity to speak.

"I'm a firm believer that what goes around comes around," said one woman, who said she was glad Phillips would be held responsible for the pain he had invoked.

By Colorado law, Judge John Madden had no option but to sentence Phillips to life in prison without parole for the first-degree murder conviction. Phillips was convicted on two other counts as well: child abuse resulting in death and tampering with physical evidence.

The jury began deliberations on Monday, after two weeks of testimony which included hours of graphic testimony. On Monday morning, Phillips told Judge John Madden he did not wish to testify in his defense. By mid-morning Tuesday, the jury came back to the judge with a verdict of guilty on all counts.

Also on Monday, Phillips' live-in girlfriend unexpectedly pleaded guilty to one count of second-degree murder. Prosecutors had originally charged Sarah Berry with first-degree murder. Her guilty plea leaves her with a 48-year sentence. She will be officially sentenced in late September.

"I hope that people look at this case and care about other children in the community," said Verna Carpenter, one of the prosecutors and a mother herself. "People realize how innocent and dependent children are and that they need the people around them to care for them and not torture them."

Phillips' defense attorneys claimed that Grafner had diabetes and that is why he only weighed 34 pounds.

"We used that defense because that's what the evidence told us," said Darren Cantor, Phillips' defense attorney. "We respect the jury's verdict, but we just have a different view of the evidence. That's how it goes."

"I lay every ounce of blame and responsibility in this case at the feet of Jon Phillips and Sarah Berry. Every single ounce of it," said Carpenter. "I cried the first time I saw the pictures of Chandler. Everyone should. It should upset you. If it doesn't, something's missing in your make-up."

One of the first people to testify during the trial was Amber Rowell. She was at the emergency room when Grafner was brought in. She says she had to be there on Tuesday to hear the jury's verdict.

"Everyone that has been a part of this trial has been affected - from the doctors, to the EMTs, to the social workers," said Rowell.

Rowell says she will never forget what Grafner looked like when he came in. She says it was hard to testify and relive that day, but she felt it was important.

"That image will never go away," said Rowell. "I'll remember him and I'll do whatever it takes to make sure it doesn't happen again and no one ever forgets about him."

Rowell says she's glad she played a role in Phillips' conviction.

"There are people out there who do care," she said. "I hope this community never forgets about Chandler."

As spokesperson for Grafner's biological parents released a statement on Tuesday evening:

"We thank the Denver District Attorney's Office for its hard work in the prosecution and convictions of John Phillips and Sarah Berry. We also thank the community for its support and continued prayers. We continue to grieve the loss of out little boy. Chandler will never be forgotten." - Christina Grafner and Josh Norris.

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