Last week, Garry Evans, 72, was arrested after an investigation into allegations of inappropriate sexual misconduct with minors.
Wednesday, Oct. 18, he was incarcerated at the Rush County Jail and facing numerous felony counts: three counts of child molestation (Level 4 Felony), four counts of sexual battery (Level 5 Felony) and five counts of child solicitation (Level 6 felony). Evans was taken into custody without incident shortly after 8 p.m. Wednesday at the RPD.
No bond was set, yet Sunday, Evans was preaching at his church, Rushville Baptist Temple, located at 1335 N Spencer St., Rushville.
Evans bonded out on Thursday, Oct. 19.
Assistant Chief of Police Todd Click confirmed that Evans was out of jail.
“I’m not sure how a person with no bond can bond out of jail without a bond hearing taking place,” Click said. “It is very frustrating and I know a lot of people are upset over it.”
"We were told by the prosecutor that he was arrested with no bond. Judge Northam called the jail and told them he had to pay a $20,000 bond, so he was able to pay 10%. However, there should have been a bond hearing held where the prosecutor could argue against bond or a higher bond and that never took place," Click said.
Prosecutor Phil Caviness told the Rushville Republican that Evans bonded out on Oct. 19.
"Based on the charges, everyone is basically entitled to a bond that they can post to get out of jail for certain circumstances. There are certain charges where they are initially arrested and there is no bond or held without bond, but that is just until the judge decides what the bond should be. Child molesting is one of those charges, so initially he was held with no bond, but then at some point the judge set a bond and he did it pretty quickly in this case," Caviness said.
"There was no hearing, sometimes there is and sometimes there isn't. In this case, he went ahead and did it and set it according to the level felony that is typical. Our courts have a bond schedule that is pre-printed. Under normal circumstances, if you are charged with a level four felony, the bond is what it was set at, so Judge Northam just went ahead and set it at that and didn't tell anybody. We didn't have any say so and normally we don't have to ask to set it at a higher amount. In fact, his attorney filed a motion to release him on his own recognizance without having to post any bond. We expected that we would be set for a hearing. We would argue our side and he would argue his, and then the judge would set a bond at some amount, but it would be unlikely to set him at no bond," Caviness said. "
The Rushville Republican was unable to reach Judge Northam.
According to the probable cause affidavit, the investigation began Sept. 4 following the report of a 3-year-old female reporting to her mother of inappropriate contact. As a result of that report and during the ensuing investigation, additional juveniles came forward reporting similar allegations of abuse that had occurred while at the church.
It is believed, through the investigation, that the inappropriate contact of a sexual nature with minors occurred over a period of years.
Read more on this story in future editions of the Rushville Republican as information is made available.
Contact Kate Thurston at email@example.com.