The Times Herald has received some previously-sealed documents in the shooting of Devan Burris.
On Feb. 7, the newspaper received an amended probable cause affidavit detailing the murder charge against Logan Evans, 18. The newspaper then received previously-sealed warrants and the affidavit of Heaven Berry on Friday. Case information for all three cases is now available for public inspection.
The newspaper, through its attorney Jan Carroll, had filed a brief in Daviess Superior Court, asking that the court unseal the Evans files. Carroll, on behalf of the newspaper, also urged Daviess County Prosecutor Dan Murrie to release information regarding accused conspirator Lucas Benjamin and Berry, who has been charged with providing assistance to another who committed the crime of murder. The sealing of the documents in the murder case did not comply with the law, Carroll had argued in the brief.
The Berry and Evans affidavits contained a clearer picture of what happened in the early-morning hours of Dec. 6 during a supposed drug deal to be made at Ebenezer Baptist Church on Oak Grove Road. Previous information in the case was gained by the now-sealed original affidavit in the case against Benjamin.
During an interview, Benjamin told Washington Police Det. Trent McWilliams he and Evans borrowed a gold Dodge Intrepid, owned by Shawna Campbell, to meet Burris at around 2 a.m. to sell him $100 worth of methamphetamine.
Benjamin said while making the transaction, Burris and another person grabbed him by a hood wrapped him around his arm and then tried to pull him out of the car.
“He stated the subject put a gun to his face and started beating him with it,” the affidavit read. “I asked if (Burris) started beating him with it. He shook his head yes. I asked if (Burris) had any objects beating on him. He shook his head no.”