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SALT LAKE CITY (AP) — A South Salt Lake man charged with fatally shooting a supposed romantic rival in what police said was a case of misplaced jealousy will get back money seized by police when he was arrested last year.
The approximately $3,000 Douglas Dwayne Evans had isn't considered evidence in the case, prosecutor Blake Hills said after a hearing Tuesday.
The money will likely go to legal expenses for the 32-year-old Evans, who has pleaded not guilty to charges of murder, aggravated burglary and possession of a dangerous weapon in the May 2014 shooting of Theodore Kelbach, defense attorney David Brown said. Brown declined to say exactly why Evans had the cash, but added that it was for legitimate purposes.
Court papers say the money was found in Evans' back seat when he was arrested shortly after returning from a trip to Wendover, Nevada, days after Kelbach's death.
Evans is due back in court in June, though a trial date is likely farther off, Brown said. "There a lot of evidence to go through, witnesses to be interviewed," he said.
Evans is being held on $2.5 million bail. Tuesday's hearing was originally set to discuss that amount, but Judge Ann Boyden decided the money issue instead.
Evans was ordered to stand trial in December, after a judge heard testimony from a woman who says she and Kelbach were alone at his home watching TV when they heard a knock at the door.
After he left to answer it, the woman heard a loud bang and went to see what happened. She saw a man leave the house and drive away, according to charging documents.
Police say her description of the man and his car matches Evans, and another witness saw something similar from outside the house.
Evans suspected Kelbach, 49, of having a secret relationship with his girlfriend, but detectives later found they weren't involved, prosecutors said.
Police found a slug at the scene that appeared to be from the same gun seen in pictures Evans sent to his girlfriend as a threat the same day, charging documents allege.
Evans was sentenced to prison in 2004 after wrestling a gun away a West Valley City police officer investigating a violation of a protective order, court records show. Evans was convicted of violating a protective order the year before.
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