LOUISVILLE, Ky. (WDRB) -- A man accused of shooting an Indiana State Police trooper in the head during a traffic stop in December has been ordered to undergo mental and physical exams.

Police say 79-year-old Oscar Kays pulled out a gun and fired as Trooper Morgenn Evans was trying to handcuff Kays.

The trooper's head was skimmed by a bullet.

"What we can say is we're lucky -- we're very, very lucky that Trooper Evans was not killed," said Indiana State Police Sgt. Jerry Goodin during a news conference in December. "His guardian angel was definitely, definitely with him. And when you see the wound to his head, you'll understand what I'm talking about."

Police say Evans pulled over a gray Chevrolet Silverado for a suspected DUI violation, just after 7 p.m. on Tuesday, Dec. 12. The vehicle -- which was driven by Kays -- was at the intersection of Park and Jefferson Streets in Jeffersonville.

During the stop, police say Kays "became combative," then pulled out a gun and shot at Evans. Evans was hit, but was able to return fire and chase Kays as he drove from the scene.

"Trooper Evans obviously was dazed but was able to gain his composure, and as he started gaining his composure, Oscar Kays had already gotten back into his vehicle and was attempting to leave the scene," explained Goodin. 

"Trooper Evans was able to get off several rounds at the vehicle that Oscar Kays was driving. Trooper Evans was even able to get back into his vehicle and pursue Oscar Kays' vehicle for a short distance, then he lost sight of the vehicle and stopped the pursuit at that time."

Charles Whittaker, who lived nearby, said he heard eight gunshots. "I heard -- I assume maybe it was the officer -- say 'I said turn around! Turn around!' And about that time all the shooting started."

Police say Kays managed to get away from Evans, but was later arrested at his home on Huston Drive by Jeffersonville Police and the Clark County Sheriff's Department. 

"Oscar Kays stepped out of the front door of the residence at that time with a long gun and confronted officers at the scene," Goodin said. "He then retreated back into his home and came out the back door of the residence with the long gun, and at that point in time decided to put the gun down where he was taken into custody."

"When he was taken into custody, at that point, the officers noticed that he had a wound on him," Goodin said. "EMS was called to the scene. Subsequently, Oscar Kays was transported to the University of Louisville Hospital, in Louisville.”

Evans was taken to University Hospital in Louisville with non-life threatening injuries. He was released the next day.

Evans has been an Indiana State Trooper since October of 2016. Goodin says he just completed an extensive training course, and Goodin believes that training helped him escape serious injury.

Kays' trial for attempted murder is currently scheduled for April.


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