Mason County District Court Judge Todd Walton has taken under advisement a motion to allow Maysville Police Officer Bernard Evans to carry a weapon.

Evans is currently prohibited from carrying a weapon under the terms of a domestic violence order issued by Walton in September. The DVO was issued at the request of a woman with whom Evans had previously had a relationship. The woman alleged Evans made derogatory remarks and threatened her while on duty and on a previous occasion injured her, requiring her to get stitches in her forehead.

Evans appealed the DVO, but his appeal was overturned recently in Mason County Circuit Court. While the appeal was pending, Judge Lewis D. Nicholls had permitted Evans to carry a weapon, citing a federal law that provided an exception to the rule regarding weapons when possessed by someone under the authority of government agencies, such as the military or police department.

However, by affirming the DVO and overturning Evans' appeal, the question arose whether the exception still applied.

Evans is currently on vacation leave from the police department, pending clarification on that issue, confirmed Chief Kent Butcher. Evans' attorney, Jeff Schumacher, said in court Evans has only three weeks of vacation and though not trying to rush a decision, he noted time is a factor.

Schumacher argued for the exception based on the federal law. He said there have been no incidents since Evans was permitted to carry a weapon while the appeal was pending. He also noted Evans had not attempted to contact the woman who filed the DVO, though she had texted him on his cell phone Dec. 28 regarding a loan they had together. Also, Schumacher said Evans had received texts from other people providing him with the woman's new prepaid cell phone number.

Walton noted in the case of an unmarried couple dealing with separation of property, it could be awkward with the DVO. He said the woman's text regarding the loan was not grounds to revoke the order. Additionally, he said the other texts providing the woman's new number are not known to have been authorized by her.

The woman's attorney said her client objected to the exception to allow Evans to carry the weapon because of the final incident that prompted her to file for an emergency protective order, which allegedly occurred while Evans was on duty.

The woman's attorney said Evans had asked third parties about her and the woman is still concerned about her safety.

"It seems to diminish the import of the DVO to make this exception," Walton said.

Walton questioned whether the exemption was fair, since a DVO limits other people's ability to possess a gun. He said a hunter may not be happy not to be able to possess a gun because he cannot hunt, and questioned whether an exception should be made for them.

"If it's good for the police, it's good for the hunters," he said.

Sue Brammer, attorney for the city of Maysville, said she attended the hearing to be sure the city is following the court's order, whatever it may be. She said Evans needed to be able to carry a department-issued gun 24 hours a day to continue in his employment as police officer. While the appeal was pending, Evans would sign the gun out for his shift then return it when he left.

Brammer said it would not be safe for Evans to be on the streets as a police officer if he is not able to carry a gun.

Walton said everyone was likely aware of a "very sensational and public death" that resulted from domestic violence, though the man was ordered not to possess a weapon. Fleming County native Amanda Ross was shot by her ex-fiancee, Steve Nunn, in September, though Nunn had an active DVO against him.

"The decision has been made and the case has been tried and appealed," Walton said. "I will not make a decision today."

Walton said he would review the motion pending and federal laws. He instructed the case be placed on the 11 a.m. docket for Feb. 19.

Contact Misty Maynard at misty.maynard@lee.net or by calling 606-564-9091, ext. 272.

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