Weatherford Democrat

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January 24, 2013

Judge declines to rule on punishment question

Teen charged with killing mother, sister appears in court

(Continued)

The state’s attorneys also noted that proposed Senate Bill 187 would address the sentencing issue if passed by the current Texas Legislature.

“We are many, many months down the road from bringing this to trial,” Lewallen said.

The proposed bill would modify state law to provide a sentence of life imprisonment for those convicted of capital murder who committed the offense while younger than 18 years.

However, Moore argued that any change in the law approved by state lawmakers could not be applied ex post facto, or retroactively, to Evans’ case.

Moore said he will be filing an expedited appeal of Quisenberry’s decision with the Second Court of Appeals in Fort Worth this week.

Evans’s father, Darryl Evans, also took the stand briefly, testifying that his son had no income or money of his own and that he did not plan to post the bond needed to get his son out of jail pending trial.

The district attorney’s office requested that the bond be set no lower than $750,000 due to concern for public safety, which Quisenberry granted, setting bond at that amount.

Though Evans initially asked not to see family after being taken into custody, Moore reported that Evans was doing OK and had been communicating and receiving visits from family members.

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