[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:

• [KY] Disarmed Officer Evans wants his guns back. (Should it matter what he wants?) - ...A photograph of the woman was submitted to court showing a wound on her forehead with stitches... The woman also said her daughter was afraid of Evans... "Bernard stated to me that if I ever reported him that he would have someone to take care of me without hesitation from Covington"...
• [KY] Officer Evans' ex now says she's not sure how she was injured - ...The woman also alleged in a written statement that Evans busted through a door and punched her in the head... the woman indicated in her testimony she was not punched as her written statement said, but hit by a door... "I don't know"...
  

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]