Marion County Superior Court
Judge John
R. Barney, Jr.
Prosecutor: Tim Morrison, Steven Goldsmith
Defense: David Martenet, Alex Voils
Date of Murder: October 3, 1985
Victim(s): Darlene Hendrick W/F/20 (Date, met Evans on night of murder)
Method of Murder: stabbing with knife 45 times
Summary: Evans met Darlene Hendrick, decided to purchase whiskey, and proceeded to an abandoned building. Once there, Evans pulled a knife and raped her. They then went to a Lounge for a drink, returned to the abandoned building and consumed more alcohol. Evans forced her to perform oral sex, raped her, then stabbed her 45 times, cut her hair, applied makeup to her face, and dragged her almost nude body outside. Evans then walked to a nearby phone booth, called police, and waited for them to arrive. Evans gave a complete confession before and during trial. (insanity defense)
Conviction: Murder, Felony-Murder, Rape (A Felony) (2 counts), Confinement (B Felony)
Sentencing: September
19, 1986 (Death Sentence, 50 years, 50 years, 20 years)
Aggravating Circumstances: b(1) Rape, Criminal Deviate Conduct
Mitigating Circumstances:
turned himself in and confessed, intoxication,
anti-social, psychopathic, severe personality disorder,
extreme emotional disturbance, lonely and rejected
childhood, mother was alcoholic, father died when he was
a teenager, worked as male prostitute to support himself,
above average intellect
Direct Appeal:
Evans v. State, 563 N.E.2d 1251 (Ind. December 7, 1990)
Conviction Affirmed 5-0 DP Affirmed 3-2
Givan Opinion; Pivarnik, Dickson concur; Debruler, Shepard dissent.
Evans v. State, 598 N.E.2d 516 (Ind.
1992)
On Rehearing, DP Vacated 3-2 with instructions to
impose 60 year sentence;
Personality disorder should
have been considered as mitigating; aggravators do not
preponderate)
Debruler Opinion; Shepard, Krahulik concur;
Givan, Dickson dissent.
On Remand:
On 12-08-92, pursuant to Indiana Supreme Court Opinion, Evans was resentenced by Marion County Superior Court Judge John R. Barney to 60 years for Murder, 50 years for Rape (A Felony), 50 years for Rape (A Felony), 20 years for Confinement (B Felony), consecutive, for a total sentence of 180 years imprisonment.
As of July 1, 2006