(INDIANAPOLIS) - The Indiana Court of Appeals has thrown out a Bloomington bartender's conviction for leaving the scene of a fatal accident.
30-year-old Misty Evans has served a year-and-a-half of an eight-year sentence -- Monroe Circuit Judge Marc Kellams gave her the maximum for the 2004 accident which killed Jesse Jacobs.
Evans has maintained she thought she hit a deer, checked her car after hearing the thump, and didn't see anything. Police found Jacobs' body two hours later.
A unanimous court of appeals says prosecutors needed to prove Evans knew someone had been hurt.
The judge's instructions to the jury said it was enough to prove she knew she'd hit something.
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