Ohio is preparing to put a condemned child killer to death in the state’s first execution in more than three years.
This cause was heard upon the appeal of Fae Amanda Evans from her conviction in the Summit County Court of Common Pleas on one count of involuntary manslaughter (R.C. 2903.04[A]) and one count of child endangering (R.C. 2919.22[A]), with a physical harm specification (R.C. 2941.143). We affirm.
On Monday, January 18, 1993, at approximately 11:45 a.m., three-year-old Sheila Marie Evans was brought by Akron paramedics to Children’s Hospital. Sheila was not breathing and did not have a pulse. The emergency room physician noted that the child had a distended stomach and an apparent abdominal injury, many bruises over her torso, and a dilated rectum. After the doctors obtained a pulse, Sheila was taken to surgery. The surgeon discovered that
[93 Ohio App.3d 123]
The coroner’s report revealed that Sheila had suffered a severe injury to her abdomen approximately forty-eight to seventy-two hours before being brought to the hospital, or sometime on Friday or Saturday. These injuries caused the blood supply to the child’s intestinal tract to be interrupted, and the bowel and intestinal tract began to die. The coroner indicated that, between the time of the injury and the time Sheila was brought to the hospital, she would have suffered from increasing pain, a high temperature, vomiting, diarrhea, and a distended, bloated stomach. The coroner also opined that the child would not be eating and would not be moving around very much because of the pain in her stomach.
The coroner also documented over one hundred and twenty-five bruises which had occurred within a few hours before the child was brought to the hospital. The coroner testified that there was evidence that the child had been beaten about the head and upper torso and had been anally penetrated, most probably by a man’s penis, during this same period of time. There was also evidence that Sheila had suffered numerous anal penetrations over a longer period of time.
Police reports revealed that Fae Amanda Evans and her boyfriend, Ronald Phillips, had been home with Sheila and Evans’ two other children all weekend, except for a period of a few minutes on Sunday evening when Evans visited with relatives down the street. On Monday morning, Evans took her youngest child to a routine doctor’s appointment, and was away from home from approximately 10:15 a.m. to 11:20 a.m. Upon returning, she asked Phillips to call to the other two children and, when only one appeared, Phillips went to look for Sheila. He found her blue and lifeless, took her downstairs to his grandmother’s apartment, and his grandmother called for help.
After Sheila’s death, Evans was arrested on charges of child endangering, with a physical harm specification, involuntary manslaughter, and rape. The rape charge was dropped, and Evans was not indicted for rape. Phillips was indicted on one count of aggravated murder, with a death specification, three counts of rape, one count of felonious sexual penetration, one count of felonious assault, and one count of child endangering, with a physical harm specification.
Separate trials were ordered for the co-defendants. Evans moved for a change of venue because of the extensive media coverage of Sheila’s death in the Akron area. This motion was denied. Following a trial to a jury, Evans was found guilty of the charges and was sentenced to thirteen to thirty years’ imprisonment.
So as you can see above, Phillips is scheduled to die. Yet he has the audacity to try and get a stay of execution? Then he has a problem with the method of death?
Wow, you sick Fuck. Look at the way Little Sheila died! Look at what he’d been doing to her all that time.
He deserves to die. He’s been sitting on death row for over 20 years all on taxpayers dime. We’ve been feeding, housing and entertaining that pathetic piece of trash all this time. I miss the old days. You Fuck up and you die in less than 30 days.
This man signed a confession. What else are we waiting for? Kill the bastard. Hurry up! I wish I could watch.
For more on the actual court case,
Back in time
Fae Evans is dying of cancer and wants to be released due to illness in the story below
Where Fae Evans, 41, draws her last breath depends on the outcome of a battle between the Ohio Parole Board, which wants to send her home, and a prosecutor who says Evans deserves no special treatment.
Evans, who has served 15 years of a 13- to 30-year sentence, was to have been released last week, but the board decision was opposed by Summit County Prosecutor Sherri Bevan Walsh. A hearing on the issue is scheduled for July 19.
“I just don’t think that Fae Evans should be released from prison under any circumstances,” Walsh said. “Sheila Marie Evans’ mother didn’t do anything at all to protect her little girl from a horrible, painful death. Although she didn’t fight for her child, I feel we need to fight for this child.”
Sheila Marie, who lived with her mother and Ronald Phillips in Akron, died Jan. 18, 1993. The girl had 125 bruises and internal abdominal injuries that were inflicted at least two days before she was taken to a hospital.
Phillips, 35, was convicted of aggravated murder and rape and sentenced to death. He admitted severely beating the girl the morning of her death. Evans, who was not at home at that time, was convicted of child endangering and involuntary manslaughter because she was aware of her daughter’s prior injuries and beatings. She lost all appeals.
Evans’ family in 1993 said she was innocent and Phillips threatened her and ruined her life. They could not be reached for comment.
Walsh’s concern is admirable but prosecutors aren’t supposed to represent the victim, said Jeffrey Gamso, legal director of the American Civil Liberties Union of Ohio.
“The prosecutor represents the state, not the victim of a crime, and prosecutors have a serious tendency not to understand that,” he said.
While the law does not specifically state that terminally ill inmates should be released, exceptions can be made, he said.
“She is of no danger to anybody and she is dying,” he said of Evans. “Human compassion is worth something in this world.”
Evans’ case is rare. Seriously ill inmates receive care in the prison system or, if they are nonviolent offenders, they can ask a judge to send them home for care.
Inmates in imminent danger of death must have six months or less to live in order to seek release, said Cynthia Mausser, chairwoman of the parole board. The governor can release ill inmates if they were sentenced to a definite prison term. If the person has a flexible prison sentence — such as Evans’ 13- to 30-year sentence — the decision falls to the parole board.
The board has released three other dying inmates since 2006, Mausser said.
On Tuesday, Gov. Ted Strickland agreed to release Anthony Delmont, who is dying of leukemia. Delmont, 52, Trumbull County’s maintenance supervisor, was convicted in 2006 of taking bribes while in office and sentenced to three years in prison.
Delmont’s release was recommended by a prison official and a doctor. The prosecutor in his case did not object.
It was Strickland’s first such order. Former Gov. Bob Taft released nine prisoners early because death was imminent, a Columbus television station reported in July 2006.
When Evans became ill last November, the warden of the Ohio Reformatory for Women recommended that she be released, but the parole board refused, Mausser said. The board changed its mind after a second request, indicating Evans had only a few months to live.
Evans was denied parole in 2003, but the board recommended release in 2009, Mausser said. Walsh said the prosecutor’s office opposes any parole.
“She has only served half of the maximum sentence,” Walsh said. “Irrespective of her health condition, she needs to continue to serve the rest of her life in prison.”
Gamso said he hopes the hearing doesn’t sway the parole board from releasing Evans.
“She’s not a threat to anyone,” he said.