Conviction overturned in 2004 dragging death of Bloomington man

INDIANAPOLIS — The Indiana Court of Appeals has overturned the conviction of a woman who was sentenced to eight years in prison in the 2004 dragging death of a Bloomington man.\nThe court ruled that 30-year-old Misty Evans'' attorney should have objected to improper instructions given to the jury.\nThe appeals court''s ruling does not prevent Evans from being tried again, and the prosecutor could ask the state Supreme Court to consider the decision. The Associated Press left a message seeking comment with the prosecutor''s office.\nProsecutors say Evans had been drinking before she hit 21-year-old Jesse Reuben Jacobs with her car and dragged him to death. Evans says she wasn''t drinking and that she thought she had hit a deer. She says she didn''t see Jacobs'' body under her car when she stopped to look for the animal.\nJury instructions at her trial told jurors to determine whether there was an accident that caused Jacobs'' death, and that Evans failed to remain on the scene. But the appeals court says the jury should have also considered whether Evans knew the accident hurt a person.\n"Had the jury been properly instructed, it would have been required to find that the state proved not only Evans''s knowledge of an accident, but also her knowledge, actual or imputed, that the accident resulted in injury to a person in order to convict her of leaving the scene of an accident," the court wrote in its decision. "Because of the faulty instruction, however, the jury may not have properly assessed the credibility of Evans'' defense."\nThe appeals judges said they believe there is a "reasonable probability" the jury''s verdict could have been different had Evans'' lawyer, Ron Chapman, objected to the instructions and sought directions that included all the guidelines.\nChapman said Friday he has no qualms with the appeals court finding he made a mistake.\n"Anything that will get a conviction overturned is OK with me," he said. "I''m very pleased for her. Justice has finally prevailed."\nChapman said he hoped Evans would soon be released from prison. The Indiana Department of Correction Web site lists Evans as being housed in the Madison Correctional Facility.