The case turned on a technical defense rather than an innocence claim. Evans was charged with sexual battery between the summer of 1980 and Jan. 14, 1983. The dates were important because the girl turned 12 on Jan. 15, 1983. Before age twelve, there is no statute of limitations on the charge. After the child turns 12, the charge would be lewd and lascivious behavior. The statute of limitations had already expired on lewd and lascivious behavior.
The victim is now married, 38, and living in Virginia. She insists that she was first abused in second grade when she was between 9 and 10. However, she referenced a memory of the abuse occurring around the time when her mother had breast-cancer surgery — which was after she turned 13.
It was a difficult case for the jury, which had to focus on the technical question over the terrible crime and emotions in the case. This included an “apology letter” that Evans had apparently written to the victim as part of counseling — the result of counseling. The letter, dated April 10, 1996, described how he was “overcome with selfish desires.”
When the jury came in, Evans’ wife frantically called him and left the message “They found you not guilty. Please, please don’t do anything.”
When deputies arrived, they found Evans’ body near the back of the house with what appears to be a self-inflicted gunshot.
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