Saturday, July 29, 2006

Sheriff: Murder weapon found

By Donna Swicegood

Iredell County Sheriff Phil Redmond said Friday that the weapon used to kill two couples last year was found in the home of the woman arrested earlier this week.

Barbara Ann Evans, 65, of 138 Jennings Road, has been charged with four counts of first-degree murder and is being held in the Iredell County Detention Center without bond.

She is charged with the September 2005 deaths of Don and Sue Barker and the January 2005 deaths of James and Delet Powell.

Redmond said Friday the weapon was found during a search of Evans' home on Monday. That search warrant remains sealed by the court, he said.

The case against Evans is expected to be presented to an Iredell County grand jury on Aug. 7 during a session of Iredell County Superior Court.

If the grand jury returns a true bill of indictment, Evans will be bound over for trial in Superior Court.

Winston-Salem attorney S. Mark Rabil has been appointed to represent Evans through the Office of Indigent Defense Services.

Rabil gained fame for representing Darryl Hunt, who served 18 years for the murder of Harmony native Deborah Brotherton Sykes in Winston-Salem before being freed after DNA linked the crime to another man.

Rabil represented Hunt for 20 years through three trials, appeals and other procedures.

The attorney said Friday that he has met with Evans, and she maintains that she is innocent of the charges.

"She's 65 years old with no history of violence. Her family and friends are shocked. It doesn't make any sense," he said.

He called the case one of the most unusual ones he's defended in his law practice, which dates back to 1980.

"I don't think I've ever had a murder case with a defendant of that age and a woman with absolutely no criminal record," he said. "It's very unusual."

He said Evans was shocked by the charges. "She's very distraught. She's anxious to get out of there (jail)," he said.

Rabil said he hasn't seen what evidence the state used to get the murder warrant. He said his client has a copy of the court order that seals a search warrant of her home.

A judge ordered that warrant to remain sealed until Dec. 8, he said.

Rabil said he hasn't made any decisions about how he plans to defend Evans or the possibility of moving the trial out of Iredell County due to pre-trial publicity.

"That's a decision we'll make closer to the trial," he said.

Garry Frank, the district attorney for Iredell County, said earlier this week that he expects Evans could receive a fair trial in Iredell County.

"I know of no reason why not," he said. "But it's something we'll have to deal with as the case develops."

Frank also said he hasn't made a decision yet about seeking the death penalty, although he said the case qualifies for capital punishment.

Rabil said he anticipates that the trial won't take place for at least a year, possibly two.

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