Details from Sunday’s shooting at Hawg’s Exxon that resulted in the death of 34-year-old Andrew Milton have been released.
Robert Evans, 46, has been charged with first degree murder, a class Y felony and simultaneous possession of drugs and firearms, also a class Y felony. He was also charged with possession of firearms by certain persons, a class B felony, and possession of a controlled substance, a class D felony.
According to an affidavit released by the Independence County prosecutor, the Batesville Police Department responded to a call at Hawg’s convenience store at approximately 7:08 p.m. in reference to shots fired.
The person that made the call to 911 from China King restaurant said he “heard gunshots in the direction of Hawg’s Exxon.”
According to the affidavit, the caller also said he observed “a couple of guys, one of which was running around the vehicle shooting a firearm.”
When police arrived, they observed Milton lying on the ground on the driver’s side of a white Hummer, which was registered to Milton.
Officers reported that Milton had multiple gunshot wounds to his torso. As the officers were administering immediate aid to Milton, he advised officers that the person that shot him was Evans, who had left the area in a red Ford F150.
The affidavit says that Milton was transported by Vital Link to the White River Medical Center in order to receive lifesaving treatment, but “would ultimately succumb to the injuries he received.”
A witness confirmed Milton’s account and that Evans had left with another individual in the red truck traveling south on U.S. Highway 167.
According to the affidavit, at approximately 7:26 p.m., an Independence County Sheriff’s Deputy observed a vehicle traveling south on U.S. Highway 167 that matched the description of the vehicle that the shooter fled the area in. Deputies performed a traffic stop on the vehicle and secured the driver and then made contact with a white male, who was identified as Evans, lying in the bed of the truck. It was quickly discovered that Evans had a gunshot wound on the back of his left shoulder and was transported to the White River Medical Center, where the bullet was removed.
After Evans was released from the hospital, he was transported to the BPD where he was interviewed by investigators.
During questioning by BPD Investigators Fred Friar and Brenda Bittle, Evans said that he “rode with his friend to Hawg’s Exxon then ‘some [expletive] went crazy’ and he shot Drew five times then Drew shot him.”
According to the affidavit, after arriving at Hawg’s, Evans exited his friend’s truck then got into Milton’s vehicle where they began to talk with one another about drugs and money that Milton owed him which led to an argument.
Evans told investigators that “after he exited Milton’s vehicle he walked around to the driver’s side when Milton pointed a black firearm at him.”
That’s when Evans drew a silver revolver and fired all five rounds at Milton. Evans then turned away when Milton shot him.
The affidavit stated that Evans told investigators that “he wished that he had shot him in the face.” Evans then inquired from police if Milton was still alive. When Friar informed Evans that he was not, Evans reportedly replied with, “He’s dead. There ya go. Good.”
Court documents show Evans has a previous manslaughter conviction. A criminal history search by police revealed that Evans was convicted in Mississippi in July 1995 and served a 15-year sentence.
According to the affidavit, the owner of the Ford pickup truck consented for his vehicle to be searched.
During the search, police found two bullet holes on the passenger front of the truck. One was on the passenger front quarter panel, which entered the sheet metal at a rear to front angle. The second bullet hole was on the passenger side of the hood “having a right-rear to left-front entry angle.”
The affidavit also stated that they found a “black trash bag that was in the bed of the truck, as well as a silver hammerless Smith & Wesson .38 caliber revolver.
“Upon closer inspection of the revolver it was apparent that the empty shell casings had been removed from the cylinder and disposed of,” the report stated.
In the bed of the truck in the immediate vicinity of where Evans had been, police found a small clear plastic zip-top bag containing a crystal-like substance believed to be methamphetamine which was found to weigh 3.6 grams.
Milton’s white Hummer was also searched.
The affidavit read that upon inspection of the outside of the vehicle, “two bullet holes was observed on the front windshield on the passenger side, both being exit points.”
The affidavit further stated that another bullet exit point was observed on the passenger front door as well as another bullet exit point on the passenger rear door window approximately eight inches from the top with the lower part of the window being shattered.
A portion of the side mirror on the driver’s door was missing which police said, “resembled a bullet entry point.”
A small dent was also discovered at the upper edge, and a damaged spot on the window seal just above the dent.
Inspectors also found several shell casings inside the vehicle.
Evans is in the Independence County jail on a $1 million cash bond.