Man Who Shot Trooper In Head Gets No Prison, Sentenced To Home Incarceration

Oscar Kays, 81, was sentenced to 25 years of home incarceration for the attempted murder of an Indiana state trooper.

Jeffersonville, IN – An 81-year-old man convicted of the attempted murder of an Indiana State Police trooper will serve no jail time and was sentenced to 25 years of home incarceration on Thursday in Clark County.

Oscar Kays was convicted of shooting 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 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 initially held in the Clark County jail in lieu of a $1 million cash-only bond.

But 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 had repeatedly called into question Kays’ physical health and mental health.

They also 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 was 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.

Senior Judge Steven Fleece convicted Kays of attempted murder and resisting arrest on Nov. 13, WAVE reported.

Kays was acquitted on the aggravated battery charge.

On Dec. 12, Fleece sentenced the octogenarian to 25 years of home incarceration, WAVE reported.

Law enforcement supporters were horrified that the attempted cop killer wouldn’t spend any more time behind bars.

But Kay’s attorney, Brian Butler, has claimed the octogenarian suffers from Alzheimer’s disease and dementia, and will not survive more than a quarter of his sentence anyway, WAVE reported.

Prosecutor Jeremy Mull said that Kays got the break of a lifetime when the judge sentenced him to home incarceration.

But Kays remained committed to his self-defense argument, WAVE reported.

"I never got no break I don’t think,” Kays told reporters as he left the courtroom after his sentencing.

In addition to house arrest, the authorities will check his home periodically for firearms, which Kays is prohibited from having as a convicted felon, WAVE reported.

Comments (140)
No. 1-44
Vickimossie
Vickimossie

What a sorry excuse for a human. He deserves much worse than he got for sure.

Boristhecat
Boristhecat

He should be put down - what a jerk!!! I guess another stupid judge came up with this idea!

maxx1676
maxx1676

If this Trooper couldnt handle an 81 year old man...maybe hes in the wrong job.

JBoH
JBoH

"But Kay’s attorney, Brian Butler, has claimed the octogenarian suffers from Alzheimer’s disease and dementia..."

But he remembered how to get his gun, aim and pull the trigger in an attempt to kill someone. So different punishments for seniors?

AnnykaV
AnnykaV

His capture was on LivePD when they were following Jeffersonville, IN PD - he knew exactly what he was doing, and said so. There was no mental defect that night.

Stanracer
Stanracer

Bring old should not give you a free ticket. There should have been significant jail time.

TerrieJo
TerrieJo

On the bright side, the taxpayers won't be responsible for all his medical expenses, of which there will be many if he has Alzheimer's or dementia.

Ferret guy
Ferret guy

I know exactly why he wasn't sentenced to prison. The state doesn't want to eat the cost of all of his medical expenses and end of life costs

Motikimocha
Motikimocha

White privilege strikes again! If a person of color had done this they'd be frying in the electric chair.

beyondpissedoff
beyondpissedoff

If he has all these mental and physical health problems at 80+ years, what good is he for society? You would put down an old dog with those problems. This SOB tried to kill a cop, EXECUTE the bastard!

beyondpissedoff
beyondpissedoff

If he has all these mental and physical health problems at 80+ years, what good is he for society? You would put down an old dog with those problems. This SOB tried to kill a cop, EXECUTE the bastard!

walkintall
walkintall

Well.....He does have an ankle bracelet. That ought to do the trick. Teach that fucker a lesson he won't soon forget.

Memawnine9
Memawnine9

There is always an excuse nowadays for bad and lethal behavior. That brave trooper didn’t get a break did he?

Burgers Allday
Burgers Allday

#GCL

DieselDawg
DieselDawg

Soft judges make hardened criminals.

Hi_estComnDenomn
Hi_estComnDenomn

So is the lesson here "old people can shoot cops and the worst they'd get is house arrest"?

I dig it. I'll start making the posters.

Backing Blue
Backing Blue

The piece of shit should have to live with the piece of shit judge

Tpr365
Tpr365

He shot the Trooper because he is bat shit crazy but we can trust him to be on house arrest and follow his restrictions. We really need to get rid of these judges.

Keeblertime
Keeblertime

Too bad he missed.

JohnPollastro
JohnPollastro

Shoot that old piece of shit and let his family watch him bleed out 🖕🏼 Him

eagle11311
eagle11311

Keeblertime, you are a definite piece of dog crap, on the shoe of society! Karma is a bitch and I hope you experience it soon.

WAMLEO
WAMLEO

Let's all throw a Pity Party for this Octogenarian FELON ! What a crock... Indiana Citizens need to Vote This Fool of a Judge, of the Bench. As if this Attempted Murderer couldn't get a Firearm delivered to Him, by another L.E.O. Hater. Hell trying to search a home, and property... That's more than likely a Hoarders Nest/Habitrail could take a Squad of several L.E.O.'s, and a K-9 to look for a firearm that could be hidden damn near, anywhere ! This ASSHAT, can certainly still apply 6lbs of force against a Trigger. And having Alzheimers, He'll only get more unhinged ! I'll bet that Judge would not have released Him if he was returning to the Judge's Neighborhood ! Showing the community just how much this Judge cares about the Rule of Law... Let alone the complete lack of Empathy Towards the State Trooper, who will be effected for the rest of His life... REALLY ? WTH ! Good Ol' 'Senior Judge Steven Fleece' needs to be removed from His bench. He's obviously not competent enough to make Sane Decisions for the betterment of Indiana Citizens. Take Care, Blue Brother's... Especially if You're driving an Indiana State Law Enforcement Vehicle. Senior Judge Steven Fleece, doesn't have Your Six, except to put a knife in it. Said enough... I'll be 10-7

cspcapt
cspcapt

Let him die in jail!

Grog
Grog

What is wrong with these judges?

bryantrent
bryantrent

Let him die in jail

gallowayg
gallowayg

BULLSHIT!

Njaz
Njaz

I dont understand the reasoning here. I work with people with Alzheimer's & some one who's disease causes violence cannot be trusted from one moment to the next. They relive problems from years prior which leaves their emotions reeling. There are meds which help this psychosis- but, often produce unpleasant side effects. This mans home would have to be secured.

ReaganQuest
ReaganQuest

What about the he drunk driving offense? That should cost him a big wad of cash.

RPG156
RPG156

Without regard to age, he should have been convicted and sentenced and if need be, die in prison. What message does it send to others that they can attempt to kill the police with virtual impunity? Its a disturbing sentence and a shame.

Sybertiger1
Sybertiger1

Total miscarriage of justice.. judge probably obama appointed..This guy should be sitting in jail.. being a white person I have to say if he was black he would never of been given a pass to sit at home and would die in jail.. amazing the double standard of justice.. you shoot anyone you should sit in jail, you shoot a cop and you should spend the rest of your life in jail..

Stanracer
Stanracer

Ya, another bleeding heart, hug-a-thug, police hating, liberal judge who should be turfed.

Gramercy
Gramercy

I just don't get it....as a retired teacher, I had my rules...you broke them, you suffered the listed consequences. What is up with a judge that cannot "follow the consequences when the rules are broken?" Why have rules? Why have any consequences? Course, that seems like the limitless alternative we are now having to live with in our country....upside down with it all! You do the crime, you suffer the time...I don't care how old you are, what color you are, or what diseases you have!!!!

Patriot63
Patriot63

Another left liberal minded Judge praising the guilty. Attempted murder if a Police Officer and sentencing him to Home Incarnation to be praised by the anti-Cop individuals in the luxury of his Home with Cable TV, Computer, Phone, Parties with Friends and Family. That would be Heaven for an 81 year old. That Judge also just set a presidency for future cases of attempted murder of a Police Officer cases. Future cases Judges will know have a reason to be lenient on the attempted Cop murder cases

USMarine3-7
USMarine3-7

It's a shame... that this cop didnt die.

colonelorville
colonelorville

I'm a reasonably intelligent 85 year old Marine from the Korean War and retired Police Officer from a City that doesn't seem to want Police Officers. Even there, I can't imagine this happening. But then again, it might.

Dezertgem
Dezertgem

I am so disgusted with all those that are elected and goes against the victims and not the criminals...

CloserFocus
CloserFocus

As soon as this POS greeted the officers w/a shotgun, he should have been killed. Who the heck would have a problem w/that, when he had just tried to kill another one of them? TF! Bet they’re sorry they didn’t, now. Judges need TERM Limits! This bad apple needs to GO!

Llacey2001
Llacey2001

What most people do NOT understand or remember is that Alzheimer's/dementia doesn't happen all at once. It can take years for it to eat a person's mind away, bit by bit, inch by inch. They are hideous problems to go through both for the one afflicted & the family/loved ones. It is what is eating away at my sweetheart.

That being understood, I would never condone letting a person, even if it were my husband, be on house arrest for coming close to kill someone. I sold our guns after it was clear what was happening to my husbands mind. He has never showed any aggression to me or others, YET, and may never. BUT I can't say this mind-rot would never twist him that way.

If he ever became violent, towards me or others, I would rather have him secured behind health physicilities doors than to have him kill someone. His family & lawyer are NOT doing him any favors by wanting him to be under house arrest. IF he does have dementia related illness then they should make the measures needed to protect him & the public. Prisons, as they are, are NOT the answers if he is ill. But there are secured health care that are the answer.

I pray none of you or your families have to deal with this. Sadly the chances are YOU WILL HAVE TO in one way or the other.

Ltpar
Ltpar

Worthless Judge deserves to be fired. All the more reason this joker should have never been taken alive. Got to rethink this kinder more gentle Law Enforcement.

Shirleybaird571
Shirleybaird571

This man ,should do time, in prison.

starrman69
starrman69

3 hots and a cot...bury him outside in the prison graveyard

Bobholly79
Bobholly79

The war on police continues all the piece of shit are embolden by the demoRATS

Yvonne1
Yvonne1

This is so wrong.

STRAYDOG
STRAYDOG

REALLY????? - AN Indiana State Police trooper CANNOT SUBDUE AND NEUTRALIZE a 79 YEAR OLD MAN!! --- Wow ! impressive!