DELAWARE — A Delaware County grand jury has upgraded the Tamela Dutcher murder case to an aggravated murder charge.
Dutcher murder case
Tamela Dutcher, 55, was shot to death at her Bean Oller Road home on Aug. 14. Bryanna Dutcher told investigators she argued with her mother about cleaning earlier that day and later called Christian Evans to “vent.”
On the night of the shooting, Bryanna Dutcher told investigators Evans and Dajameous Payne came to the Bean Oller Road home in Evans’ Camaro.
Bryanna Dutcher said she heard the gunshot 10 to 15 minutes after the men left. She maintained she did not see who fired the shot and denied involvement in the slaying.
Defendants Christian Evans, 20, and Dajameous Payne, 21, appeared in-person Friday before Delaware County Common Pleas Judge Marianne Hemmeter for separate arraignments. Tamela Dutcher’s 18-year-old daughter, Bryanna Dutcher, is scheduled for an Aug. 24 arraignment.
The arraignments are the result of Aug. 20 grand jury indictments, which canceled Evans, Payne and Bryanna Dutcher’s Aug. 24 preliminary hearings. Bryanna Dutcher is the 18-year-old daughter of the victim.
The indictments charged all three defendants with one count of aggravated murder, an unclassified felony for each.
Tamela Dutcher, 55, was shot to death at her Bean Oller Road home on Aug. 14.
Below is a link to the grand jury indictment that cites all three defendants’ new aggravated murder charge. Story continues below.
Evans’ arraignment
Carlos Crawford, who is also a Powell City councilman, is Evans’ defense attorney. Crawford indicated he would file a written plea of not guilty by reason of insanity (NGRI) for Evans and have the court evaluate the defendant’s competency in the coming days.
“[Evans] is suffering from mental decline there at the jail,” Crawford said during the arraignment. “He does have a significant history of mental health disorders.
“And obviously being there at the jail, he doesn’t have access to his full prescriptions and the ability to get medical and mental health treatment.”
Despite the anticipated NGRI plea, Hemmeter set a final pretrial for Oct. 5 and a trial date for Oct. 20 in the interest of keeping the case moving.
Additionally, Crawford asked the court for a reduced bond from the $3 million figure set during Evans’ initial hearing on Aug. 17.
“As to bond, the court is certainly aware that the penalties have increased, the defendant is now facing an aggravated murder charge,” Hemmeter said.
“Certainly, I think the court anticipates, even based on [Assistant Prosecutor Ashlee] Beougher’s statement here, perhaps a reindictment because there’s not a gun specification.”
Hemmeter factored the severity of the charge, allegations and evidence, and maintained $3 million bond Evans received during his initial hearing.
An affidavit revealed that Evans was secretly dating Dutcher. Dutcher told law enforcement during questioning that she did not tell her parents she was dating Evans because the were “very racist” and would have “kicked her out of the house.”
The affidavit also included deleted text messages between Dutcher and Evans that law enforcement recovered from Dutcher’s phone.
The prosecution alleges the defendants planned Tamela Dutcher’s murder in advance. One message from Evans to Dutcher said “this has to be perfect.”
Payne’s arraignment
A few hours after Evans’ arraignment, Hemmeter also presided over Payne’s arraignment, with Beougher again representing the state.
Payne’s defense attorney, Paul Scarsella, entered Payne’s not guilty plea after noting receipt of the grand jury’s indictment.
In addition, Beougher asked the court to maintain Payne’s $3 million bond given the severity of the charge, evidence, allegations and his potential flight risk.
Scarsella responded that though location data alleges Payne fled to West Virginia with Evans the night of the crime, law enforcement arrested Payne in Delaware and the issue of whether he left and came back will be discussed during a trial.
“Mr. Payne does not have the means for a $3 million bond. There are ways that we can protect the public and maintain his presence for the court dates,” Scarsella said during the hearing.
“Just his mere presence near the criminal activity does not make him guilty of such.
“Given that, my understanding is the court is likely to maintain a $3 million bond.”
Hemmeter did keep the same bond that the court set during Payne’s Aug. 17 initial hearing. She also scheduled Payne’s final pretrial for Oct. 12 and a trial date for Oct. 27.