Logan man wants murder case dismissed, claims self-defense in son’s death
Published 2:39 pm Friday, November 24, 2023
By Justin Story, Bowling Green Daily News
A Logan County man accused of murder in the death of his son is requesting the dismissal of his case, asserting that he acted in self-defense.
Darrell Gene Evans, 62, of Lewisburg, is accused of fatally shooting Richard Evans, 37, of Lewisburg, on Aug. 4, 2022, at the elder Evans’ home.
According to prior court testimony, the shooting came about after an argument between the two over money Richard Evans owed his father.
Darrell Evans called 911 to report the shooting and told Kentucky State Police Trooper Joe Gregory during an interview that he and Richard Evans had been in an argument in his driveway, according to court records.
Darrell then went into his home to get away from the argument, with Richard Evans following him inside.
Darrell Evans reportedly picked up a handgun and shot his son after his son advanced toward him.
A hearing has been set for Monday in Logan Circuit Court to consider a motion filed Nov. 21 by Evans’ attorney, Diana Werkman of the Department of Public Advocacy, to dismiss the murder indictment.
Werkman argued that the circumstances surrounding the shooting showed that Darrell Evans was in fear for his safety during the confrontation with his son, and therefore is legally immune from prosecution for using deadly force.
“Mr. Evans told (two) officers that his son had made a threat saying something to the effect that ‘that will be the last thing you ever do.’ He also described how his son was ‘bucking up,’ yelling and cursing at him,” Werkman said in the motion, noting that the incident took place first in Evans’ driveway and continued inside his home.
Werkman said that Darrell Evans had no duty to retreat when he felt his personal safety was threatened, but he did so anyway, going into his house “to prevent the situation from accelerating.”
“Unfortunately, Richard made the decision to enter the house to further intimidate and threaten his father,” Werkman said in the filing. “Accordingly, Mr. Darrell Evans was fully justified in his use of deadly force to protect himself from serious physical injury or death.”
Evans is being held in Logan County Detention Center under a $1 million cash bond, and has remained jailed since his arrest on Aug. 4, 2022.
He underwent a court-ordered psychiatric examination earlier this year and was found competent to stand trial by Logan Circuit Judge Joe Hendricks following a hearing in August.