WICHITA, Kan. (KSNW) – KSN continues to ask questions about the case of Evan Brewer.
Evan is the little boy whose body was believed to be found inside a concrete structure over the weekend.
In that case, Evan’s father, Carlo had been searching for Evan for months and did petition for a protection from abuse order, or PFA on behalf of his son.
The hope was that would help Brewer get his son from the child’s mother, Miranda Miller and her boyfriend Stephen Bodine.
So, it prompted KSN to ask some questions about how do PFA’s work, and why didn’t this one protect Evan?
Attorney Chris O’Hara with O’Hara & O’Hara says a protection from abuse order sounds exactly like its name.
“What it would do is issue an order keeping the person to whom the PFA is against away from whoever they are saying is abused,” said O’Hara.
In the case of Evan Brewer, the court did grant an order to protect Evan, giving his father custody on July 6.
KSN asked O’Hara to take a look at that PFA against Bodine.
“It shows on the order that he failed to appear for the hearing so there would have been a hearing for the protection of abuse, that he didn’t show up, it appears they consistently tried to serve them that they went ahead and went forward with the case and issued the final order for protection from abuse,” said O’Hara.
KSN asked the Sedgwick County Sheriff’s Office, the agency responsible for serving PFA’s, the process they go through to serve them.
“They are assigned to deputies to serve them, the deputy will try or make as many attempts it takes to serve it until the leads are exhausted,” said Capt. Mary Mattingly with the Sedgwick County Sheriff’s Office.
Capt. Mattingly says they have four commissioned deputies who serve legal notices including PFA’s on a daily basis.
“We get, on average, 300 to 400 PFA’s every month that have to be served,” said Capt. Mattingly.
Capt. Mattingly says the PFA has to be served directly to the defendant.
If all leads are exhausted to find that person, she says they follow up with the person who originally petitioned for the PFA.
The hope being, Capt. Mattingly says, to get as much information as they can to serve the defendant that order.
If deputies still cannot find the defendant to serve the PFA, Capt. Mattingly says it’s returned to the clerks office.
The plaintiff can then go back to court and essentially start the process over.
Because Capt. Mattingly would not talk specifically about Evan Brewer’s case, we don’t know how many times deputies tried to serve his PFA, before the little boy’s death.