Jeffersonville, IN – A judge in Indiana decided to let a would-be cop killer charged with three violent felonies await trial at home despite an earlier $1 million cash-only bond.
Oscar Kays, 80, is charged with having shot Indiana State Trooper Morgenn Evans in the head during a traffic stop on Dec. 12, 2017 near the intersection of West Park Place and Jefferson Street in Jeffersonville.
The incident took place just after 7 p.m. when Trooper Evans stopped a gray 1999 Chevrolet Silverado pickup for a traffic violation, FOX News reported.
Investigators said Trooper Evans administered a field sobriety test on Kays and was attempting to put the man in handcuffs to take him in for a certified chemical test when the then-79-year-old driver became combative, the News and Tribune reported.
Kays then pulled out a .22-caliber handgun and shot Trooper Evans in the head, police said
After he was shot, Trooper Evans returned fire and then briefly tried to pursue Kays, who fled the scene in his pickup.
But Kays ultimately escaped.
Trooper Evans contacted dispatch at 7:08 p.m. and said that shots had been fired and he was hit, WAVE reported.
Additional police units flooded the area, and quickly found Kays at his residence on Huston Drive, the News and Tribune reported.
Trooper Evans was rushed to a local hospital.
Fortunately, the bullet fired by Kays had only grazed Trooper Evans’ head and he survived, police said.
Trooper Evans has been with the state police since October of 2016.
Kays greeted responding officers to his home with a shotgun, according to the News and Tribune.
He eventually put the gun down and allowed himself to be taken into custody and transported to the hospital for some superficial injuries he had acquired during the incident.
Kays was charged with charged with a Level 1 felony for attempted murder, a Level 3 felony for aggravated battery, and a Level 6 felony for resisting arrest, the News and Tribune reported.
He was held in the Clark County jail in lieu of a $1 million cash-only bond.
In July of 2018, his attorneys filed a combined motion that notified the court of Kays’ intention to use the insanity defense at trial and to ask for a competency hearing to determine his mental fitness to stand trial, the News and Tribune reported.
The attorneys have, since his arrest, called into question Kays’ physical health and mental health.
They requested a bond reduction based on the octogenarian’s health in February, but Judge Drew Adams refused to rule on that motion until after the multiple evaluations that had been ordered could be completed, the News and Tribune reported.
After 18 months in the Clark County jail, Kays got his reprieve from Senior Judge Cile Blau on May 15.
Blau signed a sealed order for Kays’ release that allowed the would-be cop killer to enjoy the benefits of home incarceration, the News and Tribune reported.
Kays has been assigned to home incarceration Level 1, which means he will have to wear an electronic ankle bracelet, get regular at-home visits from staff, and may only leave his home for doctor’s appointments, meetings with his attorneys, and court, a representative from Clark County pretrial services told the News and Tribune.
The representative said that Kays has been assigned the strictest level of home incarceration.
Kays is scheduled for a jury trial at 8:30 a.m. on July 9 in Clark County Circuit Court No. 1, according to the News and Tribune.