JEFFERSONVILLE, Ind. (WDRB) -- A Jeffersonville man charged with attempted murder of a police officer has been found guilty but mentally ill.
Oscar Kays was charged with attempted murder of a police officer, battery and resisting arrest. He was 79 when police say 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 skimmed by the bullet.
Because this was a bench trial, Judge Steven Fleece, not a jury, decided on the verdict.
Police say Evans pulled Kays over on Dec. 12, 2017, suspecting him of driving under the influence. During their interaction, Kays started firing a handgun, and a shot grazed Evans in the head.
Evans did fire back, but Kays got away with Evans in pursuit. Kays drove to his home on Houston Drive, where he was eventually arrested after a confrontation with police.
The bench trial began Tuesday, with Evans becoming emotional during his testimony as he told the court he didn't know if he was going to live or die that night.
On Wednesday, Dr. Wayne Herner, a psychologist, testified that he administered several tests on Kays in January. Herner told the court he believes Kays has a type of dementia, based on his behavior. He also testified that Kays laughs at inappropriate times and has no verbal filter.
To be exact, Herner said he believes Kays has "behavioral variant frontotemporal dementia."
"He's responding in the moment, rather than thinking things through," Herner said.
Indiana State Police Sgt. Merritt Toomey also took the stand, discussing the scene at Kays' home that night. Although he was not at the scene of the shooting, he was part of the investigation at Kays' home.
The defense also called a nurse from the Clark County Jail to discuss Kays' mental and physical health. She told the court her examination revealed Kays had several medical issues and was disoriented at times.
Closing arguments wrapped up a little after noon.
Kays' attorney did not deny that he is guilty of battery and resisting arrest, but said he is not guilty of attempted murder. He says Kays' intent was to get home, not to kill.
The prosecution argued that Kays did intend to kill Evans, and noted that Evans still has bullet fragments in his head.
On the charge of attempted murder, Judge Fleece found Kays guilty but mentally ill. On the charge of aggravated battery, he found Kays not guilty, and on the charge of resisting arrest, he found Kays guilty.
After Judge Fleece read the verdict, both sides spoke with media outside the courtroom.
"Mr. Kays was convicted of attempted murder and that had been my objective at this trial," said Clark County Prosecutor Jeremy Mull.
As far as the judge finding Kays mentally ill, Mull said, "that conviction doesn't have a significant effect on it. It simply means that when he is remanded to the department of corrections that they are required to assess him and provide him any counseling or mental health services that he needs while he is imprisoned."
Mull said this attempted murder charge could hold a sentence of 20-40 years. He said he will recommend Kays be imprisoned at sentencing.
On the other side, Kays' attorney Brian Butler said he is hoping Kays will be able to serve out his sentence through home incarceration.
"Oscar (Kays) acted under dementia and under a mental illness," said Bulter. "He's just not an evil man that had some desire to murder a state trooper, he was a man that lived a very good life and tragically things have deteriorated mentally for him which led to an awful situation, a terrible event for the trooper. Hopefully everyone walked out of here today with something that they can feel good about."
Regarding Wednesday's verdict, Butler said, "actually we're satisfied with that."
He went on to say, "Oscar is 80 years old, he's got very serious documented mental health conditions and physical conditions. We are just very, very pleased that the judge allowed him to remain out and he found that he was mentally ill."
Kays will be formally sentenced on Dec. 12. Until that time, he will remain at his home, despite Mull's request for him to be held in jail.
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