Vista

A former member of the Vista Crime Commission who pleaded guilty to voluntary manslaughter in the fatal shooting of her brother will not spend time in prison for the killing, a judge said Thursday.

Noting that the condition of Evanna Cavanaugh, who has cancer, is worsening, Superior Court Judge Herbert H. Hoffman ordered her to perform another 400 hours of community service in connection with the November, 1985, incident.

Cavanaugh, 50, has already performed 400 hours of community service at schools, soup kitchens and other places, imposed by Hoffman in January. At that time, the judge agreed to wait six months before deciding whether to impose a one-year jail sentence.

Charles Phegley, 44, was shot five times at his mother’s Encinitas home during an argument with Cavanaugh over a tax bill. Cavanaugh fired the final shot while on the phone to police.

Cavanaugh originally told authorities she fired in self-defense when her brother, who had been diagnosed as a paranoid schizophrenic, lunged at her during the argument.

A medical report submitted to Hoffman from Dr. Warren S. Paroly said Cavanaugh’s cancer is spreading throughout her body and that she is receiving intravenous chemotherapy every week.