Man jailed after his 2-year-old dies of gunshot wound seeks furlough to attend funeral

Credit: DaytonDailyNews

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Father faces charges after teen son shoots 2-year-old brother. The shooting happened late Monday afternoon on Wheeler Avenue in Harrison Township.

Credit: DaytonDailyNews

The Harrison Twp. man whose 2-year-old son was shot and killed by his 13-year-old son will be held in jail without bond, a federal judge said Friday.

Jamahl Evans is seeking a furlough to attend a funeral — presumably that of his son, Jvontae Johnston.

Evans’ detention hearing Friday in Dayton’s U.S. District Court was waived when it was determined he was already being held in jail on a probation violation detainer from Montgomery County Common Pleas Court.

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Evans, 34, faces one federal count of being a felon in possession of a firearm, according to U.S. District Court Judge Walter Rice, who filled in for a magistrate judge both at Evans’ initial appearance and Friday’s hearing.

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.

RELATED: 2-year-old shot death by brother, two charged

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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