At the hospital, Hernando County Florida Sheriff's Office Detective Tony Scarpati introduced himself to Evans and told him, "everybody's going to be okay."
Evans responded, "That attorney did not die?I must be a bad shot."
A Craighead County court
ruled that Evans' remarks then and later at the hospital to Scarpati
were admissible, and a jury found him guilty of criminal attempt to commit capital murder.The appeals court ruled that the comment about being a "bad shot" was admissible because it was a spontaneous statement and not the result of questioning.
"Appellant made his statements after Scarpati
made a very general statement _ that everyone was going to be okay _ which was not designed to elicit a response," Judge Robert J. Gladwin wrote in the ruling.
not said that everyone was okay, appellant would have had no basis or reason for responding that he was a 'bad shot,'" Griffen wrote.