Evans given shortest term

A judge is troubled by evidence against the ex-Housing Authority chief and his co-defendant.

By WILLIAM R. LEVESQUE

© St. Petersburg Times,
published August 31, 2001

TAMPA -- A federal judge who said he was troubled by the bribery and kickback evidence against former Tampa Housing Authority boss Audley S. Evans sentenced him on Thursday to the most lenient punishment the law allows: three years and five months in prison.

Then U.S. District Judge James S. Moody ruled that Evans can remain free on $125,000 bail while he appeals the conviction.

Moody sentenced Evans' co-defendant, developer C. Hayward Chapman, to 18 months in prison for his part in the scheme, also the minimum sentence. Chapman will remain free for now, too.

Evans had been convicted of taking $5,244 in carpeting and roofing work from developer Bill Williams Jr. and taking a $25,000 certificate of deposit from Chapman to use as collateral for a bank loan. Chapman also was convicted of sending three checks totaling $125,000 to individuals holding mortgages on property in the name of Evans' business, Caribbean Properties.

Jurors also decided Evans authorized three payments to contractors totaling $166,170 when work was not done.

At Thursday's sentencing, Moody suggested Evans and Chapman had a "significant" shot at relief on appeal and said he was bothered by the federal law outlining illegal gratuities used to convict Evans and Chapman.

"It's really tragic when a public hero like Mr. Evans has this kind of problem," said Moody, who received 50 letters from people supporting Evans. "That's a two-edged sword. When someone who is a public hero does wrong, then they ought to be punished accordingly."

But the judge paused, and sighed heavily, before saying, "I thought the evidence was weak, and because of that I will give you the best break I can give you."

Evans, 48, who was once a rising star among America's public housing executives, was convicted of 15 charges in February. Charges included conspiracy, bribery, accepting illegal gratuities and making false statements to a federal agency.

Chapman, 64, was convicted of four charges that he paid illegal gratuities to Evans.

Moody threw out one of Evans' false statement charges in an order last month. In that order, Moody urged Congress to rewrite the law to better define which financial transactions with public officials ought to be illegal.

A defiant Evans told Moody before he was sentenced that he was an innocent man, set up by the FBI and then railroaded by prosecutors whom he accused of using lying witnesses.

"I tell you today that these charges are not real," said Evans, who served as the executive director of the housing authority from 1988 to 1996.

His wife told the judge that Evans had been branded as an evil man by prosecutors.

"The only thing that's evil is these charges," Elizabeth Evans said. "There's nothing just about any of this."

Chapman held back tears as he told Moody of the toll the charges have taken on him and his family. "I never paid Mr. Evans for doing any business," he said.

Moody said he had no recourse but to sentence Chapman and Evans to prison.

"Even though I found the evidence weak, the jury has spoken," the judge said.

Evans' sentence is to be followed by two years' probation and Chapman's by one year of probation. While the judge waived a fine for Evans, he imposed a $5,000 fine for Chapman.

Federal prosecutors, who weren't given an opportunity by the judge to address the court during Evans' sentencing, declined to comment to reporters.

© 2006 • All Rights Reserved • St. Petersburg Times
490 First Avenue South • St. Petersburg, FL 33701 • 727-893-8111

Contact the Times | Privacy Policy
Standard of Accuracy | Terms, Conditions & Copyright