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State Trooper Out of the Hospital; Shooter Hadn't Had Trouble With the Law

Oscar Kays is 79, and was not on law enforcement's radar -- he said he just didn't want to go to jail

JEFFERSONVILLE, Ind.--The man who's accused of shooting Indiana State Trooper Morgenn Evans, in the head last night during a traffic stop in Jeffersonville, is 79 years old, and apparently has had no major trouble with the law before.

"He was not known to any law enforcement agencies at the time," said Indiana State Police Sgt. Jerry Goodin, at a news conference Wednesday morning. Oscar Kays is facing charges of attempted murder of a police officer, battery and two counts of resisting, said Clark County Prosecutor Jeremy Mull.

Goodin said Evans is out of the hospital. 

He said Evans pulled Kays over because he suspected he was driving drunk. There was a scuffle and Kays pulled a pistol that he had been hiding.

"Officer Morgenn Evans was shot with a small caliber handgun," said Goodin. He said Kays took off in his truck and Evans was able to chase him for a while, before stopping and calling for help on his radio. Jeffersonville Police went to Kay's house, where it was obvious Kays still didn't want to give up.

"Oscar Kays stepped out of the front door of the residence with a long gun, confronted officers at the scene. He then retreated back into his home and came out the back door of the residence with a long gun, and at that point in time decided to put the gun down, where he was taken into custody," said Goodin.

"We're very lucky that Trooper Evans was not killed. His guardian angel was definitely with him," said Goodin. That could apply to Kays, too. He confronted police three times with a gun and is still alive. But, he has a wound, said Goodin.

"We feel without any type of uncertainty that he was wounded somehow by the return fire of Trooper Evans." Goodin wouldn't go so far as to say whether it was a bullet wound or shrapnel. He's in custody at the Clark County lockup, in medical isolation.

When asked why he shot at Evans, Kays told police he didn't want to go to jail.

"He said that he didn't think it was wrong, that he wanted to be able to drink a couple of beers and not get in trouble and he didn't want to go to jail."

PHOTOS: Indiana State Police

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