A Montgomery Circuit Court jury found Timothy M. Florence not guilty Thursday in the shooting of his neighbor during an altercation over property lines and lawn clippings.
Florence, 54, was acquitted of all felony charges including attempted murder, aggravated battery, battery by means of a deadly weapon and battery resulting in serious bodily injury. The verdict was delivered following three days of testimony, evidence and closing arguments that centered on whether Florence acted in self-defense.
The charges stemmed from an April 21, 2024, altercation between Florence and his then-neighbor, Heath Evans. Florence claimed he acted in self-defense by shooting Evans after Evans nearly hit him with a zero-turn lawn mower during an argument involving a leaf blower and grass clippings.
Evans was critically injured and flown by medical helicopter to IU Methodist Hospital in Indianapolis. He remained in the ICU for 13 days and is still receiving ongoing medical treatment a year later. His most recent surgery related to the injuries he sustained in the incident was performed March 12.
According to court testimony, the conflict was part of an ongoing dispute over a gravel strip of land between their two properties in Browns Valley.
Florence and his family purchased their property in 2012 and had long used the gravel area to access a pasture owned by Florence’s father. In 2019, Nicole Brann, Evans’ wife, purchased the neighboring property with a survey that showed the gravel strip fell within her property line. Disagreements over the area began escalating in 2021, with Brann frequently reporting alleged trespassing by the Florence family and eventually leading to a lawsuit and mediation.
Florence testified that he mowed a portion of Brann’s lawn to prevent Evans from doing so in a way that would leave grass clippings across the gravel strip. He said it was Evans’ usual practice to mow in a manner that left clippings on the gravel, contributing to tensions between the neighbors.
Later that evening, Evans remowed the area, and video evidence showed that grass clippings covered most of the gravel strip.
In response, Florence said he borrowed a leaf blower from a friend and began blowing the clippings, along with gravel, back toward the Evans property.
“Were you looking to start a fight?” defense attorney Maxwell Wiley asked during testimony.
“No, I just wanted to clean up the mess,” Florence said.
Florence testified that Evans then approached him at full speed on a zero-turn lawn mower.
“I blew a little air at him, hoping he’d leave me alone,” Florence said. He claimed Evans backed up and charged again, forcing him to jump out of the way. “I shot him ‘cause I felt like he was gonna kill me.”
Florence said he did not fire a second shot because “the threat was neutralized.”
During cross-examination, Prosecutor Joseph Buser challenged Florence’s account, noting that Evans was facing away from Florence and the mower had already been turned off when the shot was fired.
In closing arguments, Wiley maintained that Florence believed he was in imminent danger.
“Heath Evans was the aggressor,” Wiley told the jury, arguing the situation unfolded within seconds and Florence was reacting to a perceived threat.
“He had reasonable belief that Heath was going to inflict serious bodily injury,” Wiley said.
Buser countered that Florence was the aggressor, pointing out that Evans was unarmed and moving away when he was shot.
“Tim was armed, he had a deadly weapon with hollow point bullets,” Buser said. “There was no imminent or immediate threat. All he had to do was walk home, but he doesn’t.”
The jury ultimately sided with the defense, acquitting Florence of all charges, bringing the trial to a close.
Following the verdict, Evans said he doesn’t have the words to describe his feelings, calling the jury’s verdict ridiculous.
“It’s unbelievable that a man can do whatever he wants like throwing me on my head, then damage other peoples property and call the law unfair and break it anyway,” Evans said. “Then he can shoot someone on their property and its justified?”
For Florence, there was immense relief.
“We are very pleased with the verdict,” Wiley said. “Mr. Florence is eager to get back to his life and put this episode behind him. This was a tough case, as self-defense cases often are, but we believe that justice was served in the end.”
