photo by: Douglas County Sheriff's Office

Evan Gauge Heffner

A Lawrence man was sentenced to 18 months in prison on Tuesday after his charge was reduced from attempted murder to aggravated battery as part of a plea agreement in connection with a shooting at a Lawrence motel in 2023.

The man, Evan Gauge Heffner, 20, was convicted on Sept. 4, 2024, in Douglas County District Court of one felony count of aggravated battery. Heffner was originally charged with attempted first-degree murder for shooting at Harlan Lee Epps, 38, of Lawrence, on May 10, 2023, at Motel 6, 1130 N. Third St. Epps was struck in the arm by one of the bullets.

The charge was reduced to battery through a plea agreement, and the state did not ask the court to find that a gun was used during the crime, which would have made the charge a mandatory prison sentence. Without the firearm finding, Judge Stacey Donovan had the discretion to grant Heffner probation or to send him to prison, as the Journal-World reported.

On Tuesday, Donovan rejected Heffner’s request for probation and sentenced him to 18 months in prison. While Donovan rejected the probation sentence, she did reduce Heffner’s three-year prison sentence by half.

“The actions you took were dangerous and could have been deadly,” Donovan said.

Heffner’s attorney, Nicholas Hayes, had asked the court to grant Heffner probation because Heffner was only 18 at the time of the incident, he had only been convicted of misdemeanor crimes in the past, and was struggling with meth addiction since the incident.

Hayes said that Heffner had been kicked out of a rehab facility in December for “goofing off” but was working to get a bed in another facility.

Senior Assistant District Attorney Ricardo Leal objected to the probation sentence. He said that Heffner had only begun engaging in treatment and other rehabilitative programs in the jail in recent months when it was clear Heffner was going to prison. Leal said Heffner’s very recent stint in a treatment facility showed it was clear Heffner was not taking his conviction seriously.

“Prison is the only option here,” Leal said.

Heffner spoke at length on his own behalf as he pleaded for probation. He said that he had first tried methamphetamine at the age of 18, but after he bonded out on the attempted murder charge he turned to the drug for comfort.

“I didn’t use drugs much before this charge but saw this attempted murder charge as ‘My life is over,'” Heffner said.

He apologized to the court for not taking his drug treatment seriously and said that he should have seen it as something he “needed” instead of something he “had to do.”

He said through tears that if was granted probation he would be sure to teach his younger siblings not to be like him or do the things he has done.

He said that on the night of the incident he shot at Epps because he was afraid for his and his friend’s lives.

Donovan said she believed Heffner was sincere about wanting to be a better man for his family but that it was clear that Heffner was not serious about getting help. She said that Heffner was set to be sentenced in November 2024, but was given a chance to go into treatment, which he was promptly discharged from.

“The court’s concern is that while on Bond you were not taking this seriously,” Donovan said.

She said that Heffner had even failed to obey the court by not completing part of his final sentencing interview to determine his prior criminal history.

“Again and again you failed to complete the orders of the court,” Donovan said.

She said she reduced Heffner’s 36-month sentence to 18 months because of the reasons Hayes had mentioned, Heffner’s age, lack of criminal history, that he needs treatment for drug addiction, and that she believed he did fear for his life the night of the incident.

She awarded Heffner 98 days of jail credit as he has been in custody since October 2024 when he failed to appear for a hearing.

Heffner’s victim, Epps, is also facing serious charges. Epps is charged with one felony count of distributing a controlled substance causing death. The charge is in connection with the death of Justin R. Jones, 39, on June 5, 2023, in the 900 block of Connecticut Street, as the Journal-World reported.

Epps’ attorney, Angela Keck, appeared on his behalf during Heffner’s sentencing. She said that Epps wanted the court to know that Heffner’s actions had “ruined him mentally” and that he was failing to care for his four children because of the mental anguish Heffner had caused.

“His life has been changed forever,” Keck said.

photo by: Kansas Department of Corrections

Harlan L. Epps