Jackson Jambalaya

For a collection of all posts on the Evans case, see sidebar on right.

Update: Full docket text from PACER:
"Minute Entry for proceedings held before Magistrate Judge Linda R. Anderson:Detention Hearing and Preliminary Hearing as to Charles Evans held on 6/1/2010. Appearances: Michael Hurst, Jr., AUSA; John Colette and Sherwood Colette, counsel for defendant; and Robert Wilder, Jr., USPO. The Government presented evidence through the testimony of Shermaine Sullivan and proffered the order of the Bankruptcy Court entered 5/28/2010 and the Pretrial Services Report on probable cause. The Government presented evidence through the testimony of Daniel W. Champney on the issue of detention. Oral argument was heard. At the conclusion thereof the Court found probable cause to bind defendant over to await the action of the Grand Jury and found defendant should be detained. Defendant was remanded to the custody of the U.S. Marshal. Order of Detention to be entered herein."

Original Post:
U.S. Magistrate Linda Anderson ruled Charles Evans must stay in jail pending resolution of a federal charge of resisting arrest, after conducting a hearing today in Jackson. Mr. Evans was arrested last week after U.S. Bankruptcy Judge Neal Olack issued a warrant for his arrest after he failed to appear at several proceedings in his court. Judge Olack ruled Friday Evans could be released under a house arrest program contingent upon the outcome of today's hearing.

The hearing was held at the federal courthouse in downtown Jackson. Charles Evans, Jr., accused of bilking Mississippi Valley Title and over thirty banks of tens of millions of dollars, looked like a worn-down old man as he shuffled to the courtroom from the elevator in his orange jumper and penal jewelry. He sat alone in the courtroom as his attorney, John Collette, loudly joked with everyone present: reporters, attorneys, even the deputies. It was a small courtroom as only a few lawyers were present.

The proceedings today consisted of two hearings, preliminary and detention. The prosecution led off in the preliminary hearing, placing Deputy Shermaine Sullivan on the stand. The thirty-something Mr. Sullivan was professional in his demeanor, precise in his testimony, and immaculate in his attire, as he looked more like a doctor than a marshal chasing criminals. He calmly explained how he had been searching for Charles Evans for over a week. He said Mr. Evans lived at an unknown location and constantly moved around and used rental cars. Mr. Sullivan explained he had spoken to Chris Evans that week on a daily basis and the brother said he would try to get Charles to turn himself in to authorities.

Chris Evans instead rented a blue Toyota Corolla and attempted to deliver it to Charles Evans at Metrocenter. Mr. Sullivan testified they followed Chris Evans and saw him park near the white Cadillac of Charles Evans. Charles was standing next to the driver's side of the Corolla while Chris stood on the passenger's side. Mr. Sullivan pulled up, jumped out and said "POLICE! SHOW ME YOUR HANDS!" Charles Evans responded by jumping in the Corolla and attempted to close the door. Mr. Sullivan prevented him from doing so by wedging himself between the door and the body. Charles went for a "gun bag" on the floorboard, while Mr. Sullivan had his .40 sidearm drawn and pointed at him. Mr. Sullivan stated he holstered his weapon and struggled with Charles as they both grabbed the bag. He said Chris Evans told Charles, "They are marshals, what are you doing?". Meanwhile, Mr. Sullivan's partner, Deputy Hershey (sp?) pulled up next to the passenger side of the car, jumped out, drew his weapon, holstered it, then used a taser to subdue Charles Evans. The understatement of the day was when Deputy Sullivan stated Charles Evans became "compliant" after the use of the taser. (It is not known if Mr. Evans yelled "don't tase me, bro!").

Mr. Collette attempted to use the fact the deputies did not shoot Charles Evans as proof they were never in any real fear deadly force would be used against them, after of course, he gave thanks that no one was injured. Mr. Collette tried to argue his client had a reasonable fear of the deputies: unmarked car, deputies dressed in plainclothes, no clothes or badges identifying them as law enforcement, guns drawn, the inference that it was Metrocenter (Collette didn't dare try to use the fact the agent was Black in front of a Black Judge), and thus was merely protecting himself. The well-known defense attorney tried to get Mr. Sullivan to admit it was not a deadly force situation but the deputy would have none of it as he kept stating it was indeed a deadly force situation. Mr. Sullivan later stated the gun belonged to the wife of Charles Evans.

Mr. Collette argued Mr. Evans "never assaulted a marshal" and argued even under the Mississippi Code his conduct didn't even arise to the level of a simple assault (a misdemeanor) and that there was thus no reason to even prosecute Mr. Evans for resisting arrest. While Mr. Collette engaged in colorful arguments and made his points in a vivid and jocular manner, Assistant U.S. Attorney Mike Hurst firmly responded with the law in a no-nonsense manner. He cited 18 U.S. Code 111:
"Whoever— (1) forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties" Code

and repeatedly pointed out the words "resists", "opposes", "impedes", and "interferes" as grounds for prosecuting Mr. Evans for a federal offense. There is even an enhanced section for use of a firearm:
"(b) Enhanced Penalty.— Whoever, in the commission of any acts described in subsection (a), uses a deadly or dangerous weapon (including a weapon intended to cause death or danger but that fails to do so by reason of a defective component) or inflicts bodily injury, shall be fined under this title or imprisoned not more than 20 years, or both"

It was at this point, Mr. Collette mentioned there was an "ongoing federal grand jury investigation" into the alleged mortgage fraud. He passionately argued to Judge Anderson his client had never had a "run-in with the law", was "not a danger", and that house arrest was the preferable outcome. Through it all, Charles Evans sat on the edge of his chair, focused on the proceedings while at the same time looking as if he didn't quite understand why he was there while he fumbled his chains from time to time. Mr. Hurst replied he had stolen millions, he was a flight risk as he had never appeared at a single proceeding and constantly moved, and that he needed to be in jail.

Judge Anderson ruled Mr. Evans should stay in jail. The government must indict Mr. Evans within thirty days for resisting arrest or release him. While Mr. Collette will disagree, its easy to see why the Judge detained Mr. Evans. Millions of dollars at stake, rental cars, a brother helping him avoid the law and others for nearly a year, grabbing a firearm when confronted, trying to flee the deputies, none of it is good. Mr. Evans has no one to blame but himself for his confinement. If he had just shown up for Judge Olack or let the deputies arrest him quietly, he probably would be home right now.