“I had no idea what had happened,” Byers said. “I had no idea anybody had been shot, anything about all that. (Evans) was just freaking out and told me to put his gun up for him. I didn’t think nothing of it.”
During the time Byers was away, Washington police executed a search warrant for the house on Dec. 8 and did not find the gun. He came home after and then went to sleep. No one else in the home knew, according to police accounts, the gun was there.
“After I left and what-not, I found out Devan had been (shot),” Byers said. “I still didn’t know if it was Logan or not.”
Police executed a “no-knock” warrant at the house a second time at 7:25 p.m. and found the gun sitting in the ceiling. Byers and his legal guardian were taken into custody and questioned. He told police Evans carried the shotgun with him from time to time and would fire it into the air. He believed before that is what happened that night and thought about calling the police after getting out of the shower, but the police entered the house first.
Evans, 18, and Benjamin, 19, pleaded guilty in Daviess Superior Court last week. Evans pleaded guilty to murder, but maintains he did not mean to shoot Burris or kill him. Benjamin has pleaded guilty to attempted dealing in methamphetamine and assisting a criminal. If the plea deals are accepted at sentencing later this month, Evans will face 45 years and Benjamin will face 30 years. A third person, Heaven Berry, was charged with providing assistance to another who committed the crime of murder and is presently awaiting trial.
Byers, who has been in trouble before, was ordered to appear in Daviess Juvenile Court on Feb. 6 on a petition alleging delinquency and has another hearing on March 13. He told the Times Herald he is scared about what will happen next.