Charges dismissed after judge overturns Durham man's murder conviction

In November, a judge ordered Evans be given a new trial after hearing evidence that Evans' cousin and co-defendant, Richard Waller, recanted his testimony.

Evans' attorney, Christine Mumma with the North Carolina Center on Actual Innocence, filed a Motion for Appropriate Relief on Evans' behalf to ask for a new trial. That motion was approved on Nov. 20, 2023.

On Jan. 31, 2024, Mumma confirmed all charges against Evans were dismissed.

"He’s carrying a second-degree murder charge," Mumma said. "That impacts his livelihood, his ability to hold his head high, that impacts his family, his community."

In a hearing last year, Waller testified that he lied to police and the court in implicating his cousin. In his revised version of events, Waller said neither he nor Evans was present for the shooting, but he felt pressured back then to do whatever police said to ensure he did not serve lengthy time.

“I felt, at the time, that we were all going to get locked up," Waller said. "I had never been in that situation before. I had no idea what my rights would be.”

Waller ultimately served four years in prison.

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In ordering Evans' new trial, In his order, Judge Edwin G. Wilson, Jr. said he found Waller’s recantation credible.

"There is no reason except for conscience that Mr. Waller would come forward and recant, especially in the face of the State’s forewarning of plea agreement revocation and prosecution immediately before his testimony at the evidentiary hearing.," he wrote.