The Vanderburgh County Coroner’s Office and the Evansville Police Department responded to 1321 E. Illinois St. on 01-09-2020 in reference to a deceased infant. The infant has been identified as Kieran Bengert, age 3 months, of that address.  An autopsy was conducted on 01-09-2020 and concluded that the infant suffered massive multiple blunt force trauma prior to death. The death has been ruled a homicide. The investigation is ongoing and the Evansville Police Department can provide updates as to their investigation.
Sheriff’s Office Recognition Ceremony Announcement
On Friday, January 10, 2020 the Vanderburgh County Sheriff’s Office will host a public ceremony to recognize the accomplishments of its personnel. Additionally, the ceremony will conclude with the swearing-in of one new deputy sheriff. The ceremony will begin at 9:00AM in the Old Court Room of the Old Courthouse located at 201 NW 4th Street.
Those individuals being recognized are:
New Deputy Sheriff:
Derrick Rue
Completion of Probationary Year:
Deputy Erich Carlson
Deputy Jacob Fuller
Deputy Eric Gander
Deputy Evan Luigs
Promotions:
Lt. Mark Rasure – Major
Sgt. Kerri Blessinger – Lieutenant
Deputy Chris Roe – Sergeant
Awards:
Deputy Chelsea Trail – Life Saver Award
Officer John Payne – Sheriff’s Commendation
Eagles go flat versus Greyhounds, 86-74
 20th-ranked University of Southern Indiana Men’s Basketball started fast before going cold and falling at 16th-ranked University of Indianapolis, 86-74, Thursday evening in Indianapolis, Indiana. USI goes to 9-3 overall and 1-3 in the GLVC, while UIndy is 10-2, 2-2 GLVC.
The Eagles exploded out of the gate to start the game, hitting five three-point field goals before nine minutes were gone and had a 13-point lead, 35-22, when senior guard Darnell Butler hit a three-pointer at the 8:26 mark. USI, as a team, was a blistering 11-of-16 from the field and eight-of-nine from downtown by the time it had built the 13-point lead.
UIndy saw its offense kick into gear at that point and surged to a 43-37 lead by halftime on a 21-2 run to end the opening half. USI’s shooters also went cold during the Greyhound run, missing their last 10 shots.
The start of the second half did not improve for the Eagles as the Greyhounds extended the run with a 13-2 surge to lead by 17-points, 56-39. UIndy extended the margin to as many as 18 points twice during the final half.
USI attempted to regain momentum in the final 10 minutes of the game with a 15-7 offensive rush beginning with 8:53 remaining. The run ended with USI chopping the margin down to 10 points, 76-66, when junior forward Josh Price converted an old fashion three-point play with 3:44 left. The 10-point gap would be as close as USI would come the rest of the game.
The Eagles finished the game with three players in double-digits with junior guard Mateo Rivera leading the way with 15 points. Rivera, who also had a team-high seven rebounds, was five-of-12 from the field, four-of-seven from downtown, and one-of-two from the stripe.
Junior guard/forward Clayton Hughes followed Rivera with 13 points on a blistering four-of-five from the field, two-of-two from beyond the arc, and three-of-four from the line, while Price rounded out the double-digit scorers with 12 points.
USI returns to the Screaming Eagles Arena Saturday to host number one-ranked Bellarmine University for a special 7:30 p.m. tip. Eagle fans and USI students are encouraged to wear blue and use the hashtag “BlueOutBellarmine”.
Bellarmine started this week’s action 10-0 and 3-0 in the GLVC before visiting McKendree University in Lebanon, Illinois, this evening.
USI leads the all-time series versus Bellarmine University, 52-44, after splitting four games last season. The Eagles lost at home 92-80, but bounced back to win on the road, 80-76, during the regular season before falling to the Knights in the GLVC Tournament, 67-61, Edwardsville, Illinois, and winning the NCAA II Midwest Regional, 76-69, at Romeoville, Illinois.
AMENDED “IS IT TRUE” FOR JANUARY 10, 2020
We hope that today’s “IS IT TRUEâ€Â will provoke honest and open dialogue concerning issues that we, as responsible citizens of this community, need to address in a rational and responsible way?
IS IT TRUE we have been informed by several people in the know that the new CEO/President of the Evansville Convention and Vistors Bureau yearly salary may have been grossly understated to the media?  …it has been alleged that the salary for the new CEO/President of the not-for-profit Evansville Convention and Vistors Bureau was around $125,000 a year not including benefits?  …it’s now alleged that the correct salary for the incoming CEO/President of the not-for-profit Evansville Convention and Vistors Bureau is  $175,000 a year not including benefits?  …if the above information is correct we consider this to be a developing story?
IS IT TRUE the Vanderburgh County Commissioners recently voted to “drop†the requirement that members of the Property Tax Assessment Board of Appeals be registered members of either the Democratic or Republican party? …that the County Commission voted 3-0 that party affiliation has no place in determining a person’s tax appeal?
IS IT TRUE on January 8th, Vanderburgh County Commissioner Jeff Hatfield appeared before the County Council to ask them to follow suit and drop the political party requirement when considering their new appointee to this board? …the County Council voted 7-0 to do so? …we agree with County Commissioner Jeff Hatfield that political party affiliation should have no place in determining a person’s property taxes appeal?
IS IT TRUEÂ that the Evansville City Council has nine members? …when five (5) members or more of the same political party meet behind closed doors its called a political caucus? …when four (4) Democrats and one Republican City Council members meet behind closed doors to discuss the people business it could be in violation of the State of Indiana “Sunshine Laws”?
IS IT TRUE over the years the Evansville Water and Sewer Utility Department has earned a reputation of being the mecca for political patronage and pork-barrel politics?
IS IT TRUE we were taken by surprise to hear that Mayor Winnecke appointed former City Councilwoman Connie Robinson to the Evansville Water and Sewer Utilities Board? …that Evansville Water and Sewer Utility board members are compensated between $3,000 to $5,000 a year for serving on that board?  …that politic make strange bedfellows?
IS IT TRUE we have been told by reliable sources that the City of Evansville officials have been quietly meeting with officials from the EPA?  …because of the unexpected new demands of the EPA, the Evansville Water and Sewer ratepayers better get ready for a shocking rate increase in the very near future?
IS IT TRUE everyday members of our local law enforcement work many scenes of shootings several times every week? …they also chase and apprehend suspects fleeing the scene of the shootings? …we are proud of our man and women in blue for help keeping our community safe from bad people? …our law enforcement has an extremely stressful and dangerous job?  …the next time you see our first responders please give them a “thumbs up” for doing a great job in protecting us?
IS IT TRUE if only County Council members Tom Shelter, Jr, and Jim Raaben would have listened to former County Commissioner Dave Mosby, Vanderburgh County we wouldn’t be experiencing the current jail overcrowding problem today?  …over 16 years ago Mr. Mosby wanted to build an additional pod to the Vanderburgh County jail that would have housed 250 more inmates but was voted down by the County Council?
IS IT TRUE that Tom Shetler, Jr was just elected President of the Vanderburgh County Council for 2020?  …that Angela Koehler Lindsey was elected Vice President and James Raben was named Chairman of the Finance Committee?  …those in the political know say that these appointments may not be good news for those who are promoting to build a larger county jail pod that will meet the needs of the Vanderburgh County Sheriff Office for the next 25 years?
IS IT TRUE it’s a well-known fact that the overzealous conservative County Council President Tom Shelter, Jr spearheaded the effort to build a smaller jail 16 years ago? …that he made a major mistake then and is on the verge doing similar this year?
IS IT TRUE we predict that the Shelter, Raben, and Koehler Lindsey team will only support a 300-bed jail expansion project?
IS IT TRUE that the Vanderburgh County Public Defender plays an important role in our social fabric by ensuring that those who can least afford legal representation in our Courts are fully protected?
IS IT TRUE that Vanderburgh County Commissioner Ben Shoulders currently has a political war chest of around $125,000 and is expected to increase to around $175,000 by March 2020?
IS IT TRUEÂ in the private sector when a person is accused of taking funds from an existing business to pay personal debts its called embezzlement or misappropriations? Â …in Evansville when a person is working in the public sector is accused of taking funds from an existing non-profit business to pay personal debts it’s called “we never file an official police report?
IS IT TRUEÂ last year a well-known website called Niche.com that tracks the cost of living across the United States named the Indiana cities of Fort Wayne, Evansville, and South Bend as the cheapest places in the country to live?…the City-County Observer is confident that no one who contributed to this article has ever paid a utility bill from Vectren or the City of Evansville Sewer and Water Utility department?…when digging an inch below the surface one finds that Niche.com only considers housing, food, fuel, and property taxes?…property taxes are by definition 1% of the market value of the house so cheap houses means low taxes?…with the always under attack HOMESTEAD TAX CREDIT there are some homeowners who pay nearly no property taxes at all?…fuel may be cheap in Evansville but it is always cheaper across the money saving bridge in Kentucky or down at Marina Point?…food is and always has been reasonably priced in Evansville but part of that is because locals tend not to be willing to pay for designer brands and have an appetite for very inexpensive fast food from a drive up window? …Niche also excluded the cost of healthcare which is quite high due to the high levels of obesity, smoking, sedentary living and abuse of alcohol?…while Evansville is not even close to the cost of places like San Francisco, it is far from the cheapest place in the United States?
IS IT TRUEÂ that Vanderburgh County Clerk Carla Hayden and her staff did an outstanding job in conducting the recent city election?
IS IT TRUE when the people fear the Government we have Tyranny! Â When the Government fears the people we have Liberty
Today’s “Readers Poll†question is: Do you feel that County Commissioner Jeff Hatfield’s re-election endorsement of Commissioner Cheryl Musgrave was effective?
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Footnote: City-County Observer Comment Policy. Be kind to people. No personal attacks or harassment will be tolerated and will be removed from our site.â€
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62-Year Sentence Affirmed For Evansville Teen In Murder Case
62-Year Sentence Affirmed For Evansville Teen In Murder Case
|for Indiana Lawyers
A 62-year sentence has been affirmed for a teenager convicted of murdering a man outside of an Evansville gas station and food market, the Indiana Court of Appeals ruled Thursday.
Paris Cornell, a 15-year-old at the time of the crime, was buying food from Sam’s Food Market with three of his friends when he returned to the parking lot and fatally shot Kevin Colon in the chest. Colon was attempting to purchase marijuana from two men in the parking lot with a $20 bill when Cornell shot him.
Cornell was charged and convicted as an adult with two counts of felony murder and Level 3 felony counts of attempted armed robbery and conspiracy to commit armed robbery. He was also found eligible for a firearm sentencing enhancement. Both murder counts were merged during a sentencing hearing, and the attempted robbery count was merged with the conspiracy count. Cornell received an aggregate sentence of 62 years to be served in the Department of Correction.
On appeal, he asserted among other things that he was denied equal protection under the 14th Amendment of the U.S. Constitution when the Vanderburgh Circuit Court allowed the state to strike one of only two black jurors. Cornell presented a Batson challenge, which was overruled when the trial court determined the state’s reason for striking the juror was race-neutral.
“Cornell contends that the removal of one of two black jurors from the jury panel constitutes the type of ‘disproportionate’ exclusion contemplated by Batson and thus makes for a prima facie case of discrimination,†Judge John Baker wrote for the appellate court. “We disagree.â€
Citing Hardister v. State, 849 N.E.2d 563, 576 (Ind. 2006), the appellate court noted that the Indiana Supreme Court found no prima facie discrimination where the state exercised five of six peremptory challenges to strike potential black jurors from the panel, leaving only one remaining after a sixth juror was additionally struck.
“If striking six of seven total Black jurors from the panel was not sufficient to create a prima facie case of discrimination, then we would be hard-pressed to find prima facie discrimination in Cornell’s case,†the panel wrote.
It likewise concluded that taken at face value, the state’s proffered explanation was a “sufficiently race-neutral explanation†for striking the juror and that there was no evidence undermining the credibility of that explanation.
The appellate court additionally found Cornell effectively opened the door to further questioning on statements made by one of his friends, Denyae Burris, and to their admission as substantive evidence, finding the trial court did not err in its ruling on their admissibility. It also concluded that Cornell’s Sixth Amendment rights were not violated by the admission of Burris’ hearsay statements.
“Denyae was available as a witness and testified at trial; Cornell even admitted at trial that he ‘ha[d] the opportunity to cross-examine’ Denyae. Rather than refusing to answer the questions posed to him, Denyae merely answered — willingly — that he did not remember or know the details, but this does not render him unavailable for purposes of the Confrontation Clause,†the appellate court wrote.
Lastly, the panel concluded Cornell’s aggregate sentence was not inappropriate in light of the nature of the offenses and his character, despite his young age. The appellate court thus affirmed in Paris Cornell v. State of Indiana,19A-CR-1101. https://www.in.gov/judiciary/opinions/pdf/01092001jgb.pdf
AG Curtis Hill: Landlords Cannot Be Held Responsible For Tenants’ Municipal Utility Bills
Landlords cannot be held responsible for tenants’ municipal utility bills, Attorney General Curtis Hill said in an advisory opinion issued today.
“If a tenant is responsible for payment of utilities under a lease, the municipal utility cannot hold the landlord responsible for payment unless the landlord is a party to the service agreement,†Attorney General Hill said. “The utility cannot deny service to subsequent occupants of the property, and unpaid utility bills do not constitute a lien on the property.â€
Further, Attorney General Hill said, a municipal utility that requires a property owner to sign for an account with a tenant so that the landlord is responsible for the tenant’s delinquent bills is acting in a manner contrary to the purpose of the statute. In fact, imposing such a requirement may exceed the utility’s authority under Indiana‘s Home Rule Act.
The Office of the Attorney General issued the opinion in response to an inquiry from state Rep. Woody Burton of Greenwood. He sought guidance on issues related to recently-enacted legislation designed to clarify the responsibility for payment for services provided by municipally owned utilities to rental properties.