JEFFERSONVILLE, Ind. (WDRB) -- An elderly Jeffersonville man found guilty but mentally ill after shooting an Indiana State Trooper in the head two years ago will face no more jail time.
Judge Steven Fleece found 81-year-old Oscar Kays guilty during his trial in November. On Thursday, Fleece sentenced him to 25 years on home incarceration. He called it "mercy and justice."
Kays, who has been diagnosed with dementia, had been charged with attempted murder of a police officer, battery and resisting arrest. He was 79 when he shot Trooper Morgenn Evans during a traffic stop near the corner of West Park Place and Jefferson Street in December 2017. The trooper's head was grazed by the bullet.
Developing: 81yr old who shot Indiana trooper in the head gets 25yrs home incarceration. Oscar Kays — guilty of attempted murder & resisting arrest but mentally ill. He suffers from dementia. The officer was grazed by the bullet & survived. Judge called it “Mercy & Justice.” pic.twitter.com/vNLl9P37rq
— Gilbert Corsey (@gcorsey) December 12, 2019
Evans did return fire, but Kays drove away, with Evans in pursuit. Kays drove to his home on Houston Drive, where he was eventually arrested after a confrontation with police.
Judge Steven Fleece called the sentence "mercy and justice."
"Certainly, he was given a big break by the judge today," Clark County Prosecutor Jeremy Mull said. "And if he doesn't see it that way, then shame on him."
This picture taken in December 2017 shows the wound left when Trooper Morgenn Evans was grazed by a bullet after a man opened fire on him during a traffic stop.
Kays has been on home incarceration since his trial.
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