The jury trial for Timothy Florence resumed Wednesday with continued testimony from the prosecution and the start of the defense’s case.
Florence, 54, is facing felony charges of attempted murder, aggravated battery, battery by means of a deadly weapon and battery resulting in serious bodily injury. The charges stem from an April 21, 2024, altercation with his then-neighbor, Heath Evans, in Browns Valley. Florence allegedly shot Evans during a lawn dispute, which the defense claims was an act of self-defense.
On the first day of the trial, the prosecution presented surveillance and cellphone footage of the moments leading up to the shooting. Testimony from Evans and his wife, Nicole Brann, described a long history of disputes over property lines and mowing. The altercation was a build up of years of disputes over property lines and a strip of gravel between the two homes.
Evans was critically injured and flown by medical helicopter to IU Methodist Hospital in Indianapolis. He is still receiving medical treatment a year later. His most recent surgery related to the injuries he sustained in the incident was performed March 12.
On Wednesday, Prosecuting Attorney Joseph Buser called several more witnesses to the stand, including Sgt. Brian Riehle of the Montgomery County Sheriff’s Office, Detective Ben Fullenwider, paramedic Seth Green, Dr. Samantha Tarras and Detective Jared Kirby.
Riehle testified that he responded to two non-emergency calls from Brann on the day of the altercation. Brann reported that three strips of their lawn had been mowed further in than usual. Brann and Evans suspected Florence had mowed onto their property without permission, as he had done in the past. Surveillance footage confirmed their suspicion.
Riehle said Florence appeared agitated during their conversation and told him he would continue using the disputed property as long as Evans continued to blow grass clippings onto the gravel. Riehle’s body camera footage was shown to the jury.
Later that evening, Brann called again to report that Florence had allegedly driven onto their lawn with his truck. Riehle followed up by phone.
Fullenwider testified that the bullet used in the shooting was a hollow point bullet, which are designed to expand upon impact.
Green, a Crawfordsville paramedic who responded to the scene, described Evans’ condition as “rapidly deteriorating” as he was transported to Franciscan Health Crawfordsville before being flown to Indianapolis.
“Mr. Evans needed a trauma center as soon as possible,” Green said.
Green said Evans had a high degree of internal bleeding and was in shock and worsening as the ambulance was heading to the local hospital. He described Evans as having breathing issues and tremors and screaming off and on in pain. Green administered IV fentanyl for the pain, however he said this did not reduce the pain and he had to administer ketamine to Evans.
Green said Evans received several life-saving treatments during the ambulance ride including a whole blood transfusion, supplemental oxygen and a needle compression to evacuate air from a collapsed lung.
Before being transported in a helicopter to a trauma center, he was intubated and given medication to induce chemical paralysis.
The prosecution also called Dr. Samantha Tarras to the witness stand. Tarras performed surgery on Evans at IU Methodist on the day of the shooting. Tarras described the condition Evans was in when he arrived at the hospital and the treatments he received. She described Evans as being in critical condition, elaborating that he had a high chance of death if he wasn’t immediately treated.
Tarras said the bullet from the gunshot had penetrated his spleen, diaphram, stomach and liver. He also had a collapsed lung, and the other was close to collapsing. Evans also had blood and air in his chest cavity. She said even with surgery, Evans was still considered to be in critical condition and remained in the ICU.
During his stay in the ICU, only a few days after surgery, Evans went into cardiac arrest. Tarras couldn’t confirm that the cardiac arrest was due directly to the gunshot wound but indicated that the symptoms from the injury could have caused it. Evans was released 13 days after arriving at IU Methodist.
The defense began its case by calling Florence’s wife, Glenna Florence. She testified that when Brann and Evans first moved to their property, the families were friends. She added that she still had a cup Brann gifted her several years ago with the word “friends” on it.
She also testified about what she called a “land lock.” In February 2023, Brann had a fence installed along her property line that surrounded most of the Florence home. Glenna Florence said she discovered the fence one morning and called police.
A court ordered Brann to remove the fence immediately and when she didn’t an emergency order was filed giving the Florence family permission to take it down themselves.
The defense also called the Florence daughters, Grace and Jenna, to testify.
Grace, the older of the two, said she had dated Brann and Evans’ son while in high school and had spent time inside their home. Both sisters said Evans frequently handled firearms and estimated that there were between 20 and 30 firearms stored in the home.
They also testified that Evans would set off fireworks or fire weapons whenever their family’s horses were out to scare them and this continued up until they moved in April of 2024.
Testimony will resume at 9 a.m. Thursday Montgomery Circuit Court.
