CLARK COUNTY, Ind. (WAVE) – A man who was found guilty of attempting to murder a police officer will not serve any more time in prison.
Oscar Kays, 81, was sentenced to home incarceration Thursday in a Clark County courtroom.
Kays shot Indiana State Police Trooper Morgenn Evans in the head after being pulled over on suspected intoxication in 2017.
On Nov. 13, Kays was found guilty of attempted murder and resisting arrest but ruled him not guilty of aggravated battery.
Prosecutor Jeremy Mull said the natural inclination would be to be compassionate to Kays, but emphasized that he targeted and shot Trooper Evans specifically because he was an ISP officer.
Kays’ defense attorney, Brian Butler, said in his closing statement that Kays did not intend to kill Evans, that his motive behind the shooting was to go home, not kill a law-enforcement officer.
In court, Evans, a purple heart recipient broke down, paused to catch his breath and said although Kays tried to take everything from him while he was doing his job, he had no malice towards him. Because of the injuries Evans suffered, he was medically discharged from the Marine reserves.
Following sentencing, Kays spoke about the night he shot Trooper Evans.
“It was self-defense,” Kays said.
"I think he got a break of a lifetime,” Mull said.
The judge said Kays’ mental condition played a role in his decision, and that Kays won’t live long enough to serve even a quarter of the minimum prison sentence.
Kays will have electronic monitoring, no weapons and will have supervision as he spends 25-years on home incarceration.
“Not every case is the same,” said Butler. “If you do 'x' you get 'y' that removes the human element it removes justice sometimes it removes mercy.”
One his way out of court Kays told reporters how he felt about not having to spend another day behind bars.
"I never got no break I don’t think,” Kays said.
In addition to home incarceration, Kays’ home will be checked periodically for firearms.