JEFFERSONVILLE — A man accused of shooting an Indiana State Trooper at a traffic stop in 2017 has been released on strict home incarceration terms.
Oscar Kays, 80, was released from the Clark County jail Wednesday after nearly a year and a half behind bars awaiting trial, after Senior Judge Cile Blau signed a sealed order for his release.
A representative of Clark County pretrial services said Kays' home incarceration is a level 1 — the strictest. This means he will wear an ankle bracelet, will get regular visits from staff and is restricted to leaving his home only for doctor appointments, to meet with his attorneys or to go to court.
He has a jury trial scheduled for 8:30 a.m. July 9 in Clark County Circuit Court No. 1.
Kays is charged with shooting trooper Morgenn Evans following a traffic stop in December 2017 near the intersection of West Park Place and Jefferson Street in Jeffersonville. ISP previously reported that Evans conducted a field sobriety test on Kays and was attempting to put handcuffs on his to take him for a certified chemical test when a "scuffle" broke out. Kays then allegedly shot the trooper with a .22 caliber handgun, grazing his forehead.
Evans returned fire as Kays is alleged to have left the scene is his truck, and police found him at his home on Huston Drive where he emerged with a shotgun before putting it down.
Kays is charged with a level 1 felony for attempted murder; a level 3 felony for aggravated battery; and a level 6 felony for resisting arrest.
Prior to his release to the home incarceration program Wednesday, he had been held in Clark County on a $1 million cash-only bond.
However his attorneys have called into question Kays' mental and physical health and fitness for trial. Last February, attorneys requested a bond reduction based on his health. Judge Drew Adams took it under advisement until multiple evaluations could be completed.
In July, his defense team filed a combined motion which included a notice to use the insanity defense during trial and request for competency evaluation to determine his ability to stand trial.
Neither defense attorney Patrick Renn nor Clark County Prosecutor Jeremy Mull were available for comment by press time.