SUPERIOR COURT
The offender who shot a Jones County deputy in January of 2022 received a sentence of 20 years to serve following a guilty plea in Jones County Superior Court.
Zachary Lucas Olivar entered his plea of guilty to the offense of aggravated assault on a peace officer but mentally ill Oct. 12. The defendant will receive credit for time served in custody from Jan. 23, 2022.
Olivar was represented in the proceeding by defense attorneys Keith Fitzgerald and Ashley Deadwyler-Heuman. District Attorney Wright Barksdale prosecuted the case, and the plea was accepted by Superior Court Judge Amanda Petty.
The defendant’s guilty plea was entered first in the proceeding without an agreed upon sentence. Olivar’s family were seated behind him during court, filling several rows.
The defense attorneys argued for the minimum sentence of 10 years to serve for the offense, citing Olivar’s mental issues, and the state asked for the maximum of 20 years.
Olivar was indicted Feb. 7, 2022, for two counts of aggravated assault on a peace officer, fleeing or attempting to elude police officer and possession of a firearm during the commission of a felony.
Barksdale told the court the state was dismissing counts 2, 3 and 4. He said he was continuing only with one count of aggravated assault on a peace officer but was asking the maximum sentence for the offense.
“We have been working hard to be ready for trial, but we were informed Tuesday that Mr. Olivar wanted to plead guilty,” he said.
The prosecutor presented documents that stated the defendant’s competency to stand trial. He was determined to be capable of criminal responsibility and his toxicology report. Barksdale told the court the state understood the plea Olivar was entering required those exams.
Petty accepted the state’s evidence and noted that the court already had access to the evaluations in preparation of the hearing.
The defense presented a doctor who evaluated the defendant as a witness and talked about his mental issues. Her testimony was that his illness could be treated with medications, and while on the meds, he would not be a risk to reoffend.
The doctor said Olivar was experiencing a mental crisis when the shooting happened.
The first hurdle for the hearing was for the court to accept the mentally ill portion of the plea, which Deadwyler-Heuman stated was important for him to receive better services while incarcerated.
Petty said she was satisfied the attorneys had covered what was required for the plea.
Sentencing
Barksdale played a 10-minute video showing the shooting that was taken from the body cameras and dash cameras of the officers involved. The video showed Jones County Sheriff’s Office Deputy John Kile being shot in the chest, but thanks to his bulletproof vest, he was able to get back to his car, pursue and assist in the arrest of Olivar.
The prosecutor spoke of a previous case of an offender who was found incompetent but was restored to competency and sentenced to establish precedent. Both Sheriff Butch Reece and Kile were in the courtroom and were asked by Barksdale if they wished to speak. Both declined.
The prosecutor did not disagree with the defendant’s mental issues but attributed the shooting more to his extended drug use.
The defense put up family members as witnesses to talk about Olivar’s history of mental challenges.
The final witness for the defense was the defendant’s former baseball coach, who thanked Kile for his professionalism in not taking Olivar’s life after being shot.
The defendant apologized to Kile and his family, and Fitzgerald presented statistics as to the lack of effectiveness of extended prison sentences. The attorney also gave the court several character reference letters.
At the conclusion the arguments by the attorneys, Petty said she had reviewed all the evidence and was familiar with the mental health challenges in the system, pointing out that she presides over mental health court.
“I recognize the facts of failures when dealing with mental health,” the judge said.
Petty said, while that may be disheartening, each case must be taken separately. She commended the support of the Olivar family.
“I wish I could say that is enough, but we have a law enforcement officer who is here by the grace of God,” she said.
Petty told Olivar it was a blessing he was not facing the rest of his life in prison.
“The fact that Deputy Kile walked away is nothing but a miracle,” she said. “The reality is you shot a law enforcement officer. I can only imagine the mental impact that has had on the officer, and it’s my job to weigh it all.”
The judge sentenced Oliver to 20 years to serve, with credit for time served.
Case facts
Olivar was arrested Jan. 23, 2022, following the shooting of JCSO Deputy John Kile during a traffic stop. The deputy initially stopped Olivar while on patrol on Highway 11 because of his erratic driving. A video of the encounter captured the traffic stop and the unexpected gunshot that hit Kile in the bullet-proof vest that was covering his chest.
The incident was videoed on the deputy’s body cam as well as the dash cam of his patrol car. Olivar fled the scene and was captured after the deployment of spike strips and the PIT maneuver that ultimately stopped the car.
Kile, who immediately got back in his car to pursue the suspect after he was shot, was joined in the pursuit by JCSO deputies Jeff Sullivan, William Jackson and Gray Police Officer Terius Farley. Olivar was indicted on charges of aggravated assault on a peace officer, fleeing or attempting to elude police officer, and the possession of a firearm during the commission of a felony.
