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Wednesday, December 2, 2009

[KY] Officer Evans wants to go back to work, his alleged victim wants dv protection order to stay in place

...[Maysville Police Officer Bernard] Evans is seeking relief from the order on the grounds that it prohibits him from possessing a firearm or ammunition and resulted in him being placed on unpaid administrative leave from the police department... Judge W. Todd Walton II found domestic violence had occurred and was likely to occur again... "Judge Walton gave each party ample opportunity to testify and present witnesses and found (the woman's) testimony to be more credible than that of Bernard Evans"...

Previous posts:
EVANS SEEKS RELIEF FROM DOMESTIC VIOLENCE ORDER
The Ledger Independent
By Misty Maynard
December 1, 2009

Citing the safety of her client as well as public safety, Attorney Beverly Kirch filed a counterstatement last week to the appeal of Maysville Police Officer Bernard Evans to dismiss a domestic violence order issued in September.

Evans is seeking relief from the order on the grounds that it prohibits him from possessing a firearm or ammunition and resulted in him being placed on unpaid administrative leave from the police department. In the statement of appeal filed by Evans' attorney, Debra Rigg, Rigg said Evans has an expectation to return to work once the condition he relinquish his weapons is removed.

The DVO was issued at the request of a woman with whom Evans once lived. She testified in Mason County District Court that Evans once punched her or caused a door to strike her, resulting in stitches to her forehead. She also testified that her daughter was afraid of Evans and that he had once attempted to break into a locked bedroom where she and her daughter were sleeping because of a glass broken in the dishwasher.

The woman filed for the EPO after a Sept. 12 incident in which Evans allegedly drove by her while on duty and made a derogatory remark. He also threatened her on numerous occasions that if she went to police, he would have people from Covington "take care" of her, the woman said.

The counterstatement highlights the testimony from the woman regarding the various incidences of domestic violence.

According to Rigg, the testimony offered in district court was a "swearing contest" of "he said/she said."

Evans contended the Sept. 12 incident never occurred and that the injury to the woman's head was accidental, the result of a door hitting her as he was attempting to enter the residence. Evans said he never threatened the woman.

Rigg also noted in the statement of appeal that the woman lived with Evans until he had her removed in August, though contact was maintained after she moved out.

According to the woman, phone calls made after she moved out were regarding a loan payment, including 40 calls on Sept. 13, though Evans said the calls were conciliatory.

In the counterstatement, Kirch said Judge W. Todd Walton II found domestic violence had occurred and was likely to occur again, based on the evidence presented at the Sept. 18 hearing for the DVO.

Kirch cited Civil Rule 52.01, which "states that findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses." Furthermore, she said findings of fact are clearly erroneous only if they are against the weight of evidence.

"The hearing on Sept. 18, 2009, lasted approximately one hour and 20 minutes," Kirch said. "Judge Walton gave each party ample opportunity to testify and present witnesses and found (the woman's) testimony to be more credible than that of Bernard Evans."

The fact that Evans has been placed on administrative leave from his employment should not be considered, Kirch said.

The verbal record of the court indicates the protective order be in effect for three years, although the written order gives an expiration date of Sept. 18, 2010.

The appeal will be considered in Mason County Circuit Court. According to a spokesperson for the Mason County Circuit Clerk's office, the judge may file a decision without a hearing or request the case be placed on the docket. Additionally, the attorney for either party can request it be placed on the docket.

The case was not scheduled for a hearing as of Monday and a time frame for when a decision will be rendered was not known, the spokesperson said.

Contact Misty Maynard at misty.maynard@lee.net or by calling 606-564-9091, ext. 272. [LINK]
[officer-involved, domestic violence, abuse, law enforcement, kentucky state, recant, pfa, protection order, protection from abuse order oidv]

5 comments:

  1. It's wrong to commit domestic violence and the law is pretty clear about the punishment for commiting such an act.

    Why should former officer Evans be given any preferential treatment?

    If anything he should be made an example of. He knew what the law was and still broke it.

    ReplyDelete
  2. He is not given preferential treatment, the exception is made for many. Give the man his tools back so he can work. If he wants to harm someone he can obtain a firearm from a garage sale or a private person. Police officers are also human beings, believe it or not they make mistakes and are punished more than a private citizen. He has been punished enough let him go back to work.

    ReplyDelete
  3. Punished enough. What does that mean?

    ReplyDelete
  4. Evans granted right to carry weapon while on duty
    Pending appeal could reverse order
    By MISTY MAYNARD, Staff Writer
    Published:
    Friday, December 11, 2009 1:58 AM EST
    [Excerpts] Beleaguered Maysville Police Officer Bernard Evans won a small victory Wednesday in the pending appeal of a protective order issued in September. Judge Lewis D. Nicholls cited United States Code 922, the lack of a history of violence and the pending appeal of the DVO when rendering his decision that Evans can carry a weapon while on duty as a police officer until a final decision is made on the appeal... Evans was under threat of losing his position as police officer permanently, confirmed attorney Jeff Schumacher in Mason County Circuit Court Thursday... Evans requested a disciplinary hearing before Maysville City Commissioners last week. A brief executive session resulted in the hearing being continued until Dec. 18. Under the police officer's Bill of Rights, Evans could request a disciplinary hearing prior to being fired. Maysville City Commissioners voted to cancel the Dec. 18 hearing Thursday during their regular meeting. Maysville City Manager Ray Young said he did not see why the Dec. 18 disciplinary hearing would be necessary, since Evans can return to work, once a signed order from Nicholls is filed with the city. "He'll go back to work because the judge says he can work," Young said. "We'll welcome him back." Maysville Police Chief Kent Butcher said he will look at the schedule and put Evans back into the rotation, as soon as he has receives the judge's signed order... [Full article here]

    ReplyDelete
  5. Thursday, May 12, 2011

    ...-- Accepted the resignation of Maysville Police Officer Bernard Evans effective May 23...

    http://www.maysville-online.com/news/local/article_5d8a4962-7cef-11e0-ad6f-001cc4c002e0.html

    ReplyDelete

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