John Chiv: "Mr. Evans I don't want you swearing in my courtroom"

May 3, 2023

"Mr. Evans I don't want you swearing in my courtroom"

On Monday, Tavin Evans case was continued until yesterday to give him time to meet with Ms. Andrea Sullivan. Deputy District Attorney Emily Norgaard provided new jail phone call discovery to defense. On 5/2, after more drama and theatrics in the courtroom for over an hour, Evans decided to accept offer to resolve case.

Evans has enough cases and experience with the court system and knows how to fill a plea form. Still, he tried to play dumb and delayed the inevitable by asking questions, trying for another Marsden hearing, every trick he could use to prolong his hearing again. Once he was told the offer had been kept open days beyond the initial deadline and would be gone once he walked out of the courtroom, Evans decided not to risk life in prison and took the 14 years offer. Another case which he was charged with while in custody was dismissed. After this Evans delayed things, again, by arguing about the Harvey waiver because he did not want to pay any restitution. He got his way this time.

Evans complained and whined while filling out the plea form, he was rude, disrespectful to both and attorneys and he swore. Evans had to be admonished by Judge Joyce Hinrichs several times. "Mr. Evans, I don't want you swearing in my courtroom." Judge Hinrichs went over several times with him that his plea had to be free and voluntarily.

After days of shenanigans, as he was being led away by bailiffs, he turned to me and said, "I want you to write my plea was not voluntary." The bailiffs reprimanded him because inmates are not supposed to be talking to anyone in the courtroom. Judge Hinrichs once again asked him if he wanted to plead or go to trial. Sentencing is on June 8.

Case he resolved:

Case that was dismissed:

6/8: Evans was to be sentenced today but at the last minute he informed his attorney, Ms. Andrea Sullivan he wished to withdraw his plea. Another ploy, another delay. Ms. Sullivan said that one of the issues Evans is alleging is ineffective assistance of counsel.

Deputy District Attorney Emily Norgaard said that there needs to be a written motion. There have been Marsden hearings and Ms. Norgaard objected to Evans withdrawing his plea.

Judge Joyce Hinrichs agreed. She told Evans there needs to be legal cause. Ms. Sullivan was court appointed because there was conflict declared by public defenders. Evans will be appointed another attorney. Ms. Sullivan was relieved.

Ms. Norgaard said that if there is there is no ineffective assistance of counsel, then sentencing should proceed. Confirmation of counsel & Setting of sentencing is scheduled for 6/15.

To the two women who glared at me in the courtroom, deal with facts that you were there supporting a career criminal and a loser instead of misdirecting your anger at innocent parties.

6/15: Confirmation of counsel & Setting of sentencing continued to 6/20.

6/20: Ms. Rebecca Linkous appointed, defense continues setting of sentencing/status of motion to withdraw plea to 7/6.

7/6: Motion to withdraw plea was filed on 7/5 so hearing on motion and setting of sentencing continued to 7/19.

7/19: Setting of sentencing/hearing on motion to withdraw plea continued to 8/23 by defense.

8/23: Motion to withdraw plea granted. Trial setting and confirmation of counsel on 8/28. Evans needs to go to trial and be convicted or he will keep gaming the system.

8/28: Trial setting and Confirmation of counsel continued to 9/20. There is nothing but continuances in this case with Evans manipulating the system. I am not doing updates on every hearing. Evans has dragged this out for months.

9/20: Trial confirmation on 2/5/24; jury trial on 2/20/24.

2/5/24: Trial confirmation continued to 2/14 by stipulation. File not in court.

2/14: Trial confirmation continued by defense. 2/20 date vacated. Trial confirmation rescheduled for 3/27; jury trial on 4/8.

3/26: Defense motion to continue granted. 3/27 and 4/8 dates vacated. Trial confirmation on 5/20 ; jury trial on 6/3.

4/22: Defense filed a petition for mental health diversion. After people objected; hearing continued to 5/1.

4/25: Defense motion to continue granted; 5/1 date vacated; petition hearing scheduled for 5/7.

5/7: Petition hearing continued to 5/14. Trial confirmation on 5/20 ; jury trial on 6/3.

5/14: On for petition for mental health diversion. 5/14 date or minutes are not in e court and were not on 5/16. Trial confirmation on 5/20 vacated; 5/23 date added for mental health petition ruling under submission. 6/3 jury trial date vacated.

5/23: Mental health diversion granted.