Evans could get year in jail
Shooting justifiable, but not possessing pistol in the first place
The gun that saved his life also may be sending Jacob Evans back to prison for a year.
A hearing officer recommended Friday that Evans be returned to prison for violating his parole by possessing a handgun, despite Evans's insistence that the gun saved his life.
Evans, who was on parole for a 1969 murder, shot and killed a would-be robber this month with a .357 Magnum he said he bought after being victimized by criminals. The shooting was ruled justifiable.
"I've been robbed, robbed and robbed and my home's been broken into two times," Evans said in the 20-minute hearing in a small visitation room in the Shelby County Jail. "I'm here to tell you, if I have to do time for saving my life I'm just going to have to be man enough to do it. The gun saved me, and it is the reason I'm here talking to you today."
John Greer, a hearing officer with the Tennessee Board of Probation and Parole, said possessing a deadly weapon violated a condition of his parole. He said he also considered Evans's three prior revocations of his parole for drugs or weapons offenses. He has maintained a good parole record for the past nine years.
Greer said he would recommend to the board that Evans's parole be revoked and that he be returned to prison until August 2006, when parole again would be considered.
Two members of the seven-member parole board must agree with the recommendation for the decision to be final. A decision is expected within two weeks.
Evans will remain in jail until then, and if the recommendation is adopted he would be transferred to a prison in the Tennessee Department of Correction.
Evans, 59, was paroled in 1980 on his life sentence for the first-degree murder in 1969 of his mother-in-law, Ollie Lee Derdun, 54, in the 900 block of Texas. Evans, who pleaded guilty, told police he was trying to kill another man when he fired his shotgun.
The victim's 15-year-old daughter, Patricia Steverson, who was wounded in the shooting, showed up at the jail Friday morning to testify against Evans, but the parole hearing had ended about 10 minutes earlier.
Steverson, who is confined to a wheelchair because of the shooting, said she thinks her mother's death was no accident.
"He wasn't no good back then," said Steverson, now 51, "and he ain't no good person now."
Evans was sentenced to life in prison in September 1969, but under pre-1982 laws he was eligible for parole after serving less than 13 years with good-behavior credits.
Evans said in the hearing that he had made mistakes in his past, but that years ago he decided to stay out of trouble by avoiding nightclubs, working every day and paying his bills.
"I'd rather be here talking to you all than being 6 feet in my grave," Evans told reporters after the hearing. "A year is not too long, I'll make it."