WINNSBORO (KYTX) - Two brothers charged with murdering a woman in front her one of her children and a friend are free tonight.
In a plea deal, the brothers received 10 years probation for their involvement in a drive-by shooting.
23-year-old Demarcus Hearn and 19-year-old Ty Evans are free, after spending 2 years behind bars for the death of 24-year-old Anna Moore.
"Deal made sense, didn't require my client to show guilt, he could plead no contest," says Hearn's defense attorney, Brandon Baade.
He says the decision came after two hung juries in trials for Hearn's brother Ty Evans.
"I'm disappointed we were unable to attain a verdict, but the jurors had a hard decision to make and they've told us they can't make up their minds on this evidence," says Wood County District Attorney Jim Wheeler.
"Couldn't prove car was my client's car," says Baade.
But the deal raises concern for some living in Winnsboro.
"My kids are concerned about it, they've heard about it and they were outside when it happened. Now, they're wondering if it will happen at our house," says Marshall Collins.
Collins' home is less than a block away from where the drive-by took place.
"Practically in my backyard," says Collins.
The shooting happened just over 2 years ago at this home.
Moore was sitting on the couch inside, talking with a friend when a bullet went through the house, hitting her in the back of the head and killing her.
"We had to be in the best position to protect our community and best way to protect them, other than exposing these two to a life sentence, is agreement we entered into," says Wheeler.
An agreement that has family and friends looking for justice.
"There's no winners in this deal. I feel horrible for them," says Baade.
If the brothers meet their probation, the charges will be dismissed against them.
If they don't they face up to life behind bars.
EARLIER STORY:
WINNSBORO (KYTX) - Two men made a plea deal with Wood County and they're out of jail on probation after getting charged with murder.
Ty Jordan Evans and his brother Demarcus Hearn faced murder charges in the death of Anna Marie Moore in May of 2009.
The Wood County district attorney made the deal allowing the brothers to enter a plea of no contest on Monday.
One of the men's defense attorneys says the district attorney's office just didn't have enough evidence for a conviction.
The district attorney says the jurors couldn't make a decision with what they were given.
The shooting happened on May 9th, 2009 in Winnsboro.
Anna Moore was sitting on the couch inside her home on Chestnut Street when someone drove by and fired a shot that went through the house and hit her in the back of the head, killing her.
We spoke with a friend who was sitting next to her at the time it happened.
She did not want to talk on camera, but says justice has not been served.
But Hearn's defense attorney says the DA's office couldn't provide enough evidence, and after two mistrials they had to make a decision.
"Citizens of wood county said he didn't have enough evidence to prove the case, when it failed a couple times. So it was probably a good idea to approach the defense and strike a deal. That's what happened," says Brandon Baade, Hearn's defense attorney.
"I'm disappointed we were unable to attain a verdict, but jurors had a hard decision to make and they've told us they can't make up their minds on this evidence," says Wood County District Attorney Jim Wheeler.
Hearn and Evans got out of jail Monday evening after the deal was made.
They both face 10 years probation and each are to pay a $10,000 fine.
