Coy Evans was back in court Monday for another hearing on what is a life or death decision, but it's one we'll have to wait a few more weeks for.
The sentencing hearing for Coy Evans is set for late October. That was decided Monday in court at a Spencer hearing where both sides fed the judge a bit more information to consider before making a final decision.
It's been a roller-coaster of emotions for the widow of police Sergeant Dale Green. Monday morning, the aching wife made one last plea to the judge asking for a stiffer sentence for her husband's killer.
“In Dale's eye's, there was only one sentence for a cop killer.”
It's the same sentence the state is asking for. It argues Coy Evans should not be sent to prison for life as the jury recommended. Rather, Evans should be put to death. But that decision can only be made by the judge, who has the power to override the jury.
“It's a very rare thing; it doesn't happen often. Under our law, the jury is to be given great weight.”
That's precisely what the defense is banking on. It contends their client was mentally and emotionally disturbed when he killed Sgt. Dale Green, and the jury made its decision based on these facts.
Judge Thomas Bateman says he'll carefully consider these facts along with all the aggravating and mitigating factors before making his final ruling. That sentencing has been set for October 21 at 1:30.
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