WEATHERFORD, Texas -
Lawyers asked a judge to drop the capital murder
charge against a 17-year-old boy accused of killing his mother and
sister.
Jake Evans is accused of shooting and killing his
mother and sister at their Aledo home in October 2012. He is charged
with one count of capital murder and two counts of murder.
At
today's hearing, the defense argued that the capital murder punishments,
the death penalty or life without parole, have been ruled
unconstitutional for anyone underage. Prosecutors said the request is
premature because Evans has not been tried or convicted.
The judge denied the defense's request and set a $750,000 bond.
Evans' father, Darryl Evans, attended today's hearing. He said the family would not bond the teenager out of jail.
Since
the October 4 deaths, Evans has been in Parker County custody. He made
an eerily calm 911 call that night, confessing to the fatal shootings.
When deputies arrived, they found 47-year-old Jami Evans and 15-year-old
Mallory dead inside, and a .22 handgun on the table.
Evans told
deputies he stole the gun from his grandfather, a former Fort Worth
police officer. A motive has not been established.
