The federal charge carries a sentence from probation to 10 years in prison unless a defendant has three prior felony convictions of violence, in which case it could be 15 mandatory years. Prosecutors haven’t addressed if Evans’ case fits that category.
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Evans has three felony convictions in Montgomery County and at least one in Greene County.
Evans’ 13-year-old son faces reckless homicide charges in Montgomery County Juvenile Court.
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Standing in for colleague Art Mullins, federal public defender Thomas Anderson waived the detention hearing but said his office will seek Evans’ furlough for a planned June 13 funeral. Jvontae wasn’t mentioned by name.
Anderson said that by sometime Monday, final details of the service should be available and a formal motion for a furlough would be made.
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Assistant U.S. attorney Amy Smith said whether defendants get out for funerals is determined by judges on a case-by-case basis.
Montgomery County Sheriff Phil Plummer said the 13-year-old accidentally shot Jvontae on June 4 and that Evans appeared to be running a marijuana operation in the Wheeler Avenue home. Relatives of Evans have disputed that.
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