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AG Curtis Hill wins legal battle in case involving enforcement of immigration laws in Indianapolis

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A U.S. appeals court this week sided with Attorney General Curtis Hill in his efforts to defend Indiana statutes requiring local police cooperation with federal immigration detainer requests.

The victory for Attorney General Hill is the latest twist in a case that began when Marion County officials colluded with the American Civil Liberties Union to avoid following state law.

In November of 2017, a U.S. district judge approved a consent decree between the Marion County Sheriff’s Department and Antonio Lopez-Aguilar, who was represented by the ACLU. In the agreement, the Sheriff’s Department pledged not to cooperate with U.S. Immigration and Customs Enforcement (ICE) detention requests.

No one, however, informed the Office of the Attorney General of the consent decree until it was already entered by the federal court. Immediately upon learning of the collusive decree, Attorney General Hill moved to intervene in the case to argue the agreement violated state law. The district judge refused the request.

In its May 9 ruling, however, the U.S. Court of Appeals for the Seventh Circuit not only declared that Attorney General Hill had the right to intervene on behalf of the State, but it also held that the district court never had jurisdiction to approve the consent decree between the ACLU and the Marion County Sheriff’s Department in the first place.

“This appellate ruling is a win for common sense, state sovereignty and public safety,” Attorney General Hill said. “When federal authorities ask an Indiana police agency to detain a person in the agency’s custody, Indiana law requires the agency to cooperate. To establish any contrary policy at the local level not only violates Indiana law but jeopardizes the safety and security of Hoosiers.”

The case stems from a September 2014 incident in which federal authorities asked the Marion County Sheriff’s Department to detain Lopez-Aguilar until ICE officers could take him into custody for allegedly being in the country illegally. At the time, Lopez-Aguilar was appearing in Marion County Traffic Court on a misdemeanor charge of driving without a license.

In its decision, the appeals court stated: “Indiana seeks to protect a state prerogative of constitutional dimension. . . . The State seeks to protect its sovereign prerogative to cooperate with the federal government and to require subordinate entities of state government to comply with that legislative policy directive.”

JASON ALDEAN SELLS OUT 4 OUT OF 4 AT FORD CENTER

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Jason Aldean made his fourth stop at Ford Center Thursday night and once again, performed in front of a sold out crowd. “2013 Night Train Tour” was the first tour Aldean performed at Ford Center and was his first of four sell outs in a six-year span.

  • April 25, 2013 – “2013 Night Train” Tour
  • January 15, 2016 – “We Were Here” Tour
  • October 14, 2017 – “They Don’t Know” Tour
  • May 9, 2019 – “Ride All Night” Tour

    2019’s concert broke the record for all the Aldean tours that have made a stop at Ford Center. “Not only has Jason Aldean sold out every time he has come to Ford Center, but two of his opening acts have headlined their own tour in Evansville.” stated Ford Center’s Executive Director, Scott Schoenike. Both Thomas Rhett and Chris Young opened for Jason Aldean in past tours (Rhett in 2013 & 2016 and Young in 2017) and ended up headlining their own tours here at Ford Center.

    Ford Center continues staying busy with upcoming shows that include Rob Zombie and Marilyn Manson – July 14, Toby Keith –August 17 and Old Dominion – November 21.

Aces Baseball outdistances Missouri State in extras

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It took a dozen innings, but the University of Evansville baseball team managed to edge Missouri State 4-3 in an all-important Missouri Valley Conference series opener Friday night at Charles H. Braun Stadium.

“It was just awesome, getting a walk-off win, especially in extra innings”, said Aces head coach Wes Carroll. “A lot of great baseball being played by both teams, especially on the mound, and for us to finally deliver a barrell there, and get a hop here at home, means a lot to our club.”

The game began as a pitchers duel as the Aces junior left-hander Nathan Croner and his Bears counterpart Logan Wiley combined to keep the game scoreless through the first four innings.

In the fifth, MSU would break through, as Dakota Kotowski delivered an RBI double to left off Croner, pushing across the first run of the game, However, that would be the only blemish on the night for the junior southpaw, as he went seven frames, striking out six, while allowing the one run on five hits.

Evansville would anser back in the bottom of the fifth, as freshman A.J. Fritz drilled a clutch two-out single to left, driving in sophomore first baseman Tanner Craig for the equalizer.

The seventh inning would see the Aces take the lead, sophomore pinch hitter Pete Vaccaro was the beneficiary of a Missouri State error, that allowed senior third baseman Sam Troyer to tally the go-ahead run. Later in the inning. a wild pitch would score A.J. Fritz for an insurance tally, making it 3-1 Evansville.

However, the Bears would strike for two runs on the UE bullpen in the eighth, knotting the game up and eventually sending it to extra innings. That’s where freshman reliever Shane Gray (3-1) dazzled, getting in and out of trouble, keeping the game tied at three through 2 2/3 innings of work, striking out four in the process.

The Aces would finally get a chance to end it in the bottom of the 12th, which began with freshman catcher Jacob Veseckycoming off the bench and coming up with a clutch one-out double. UE would eventually load up the bases with two outs, when senior left fielder Matthew Jones hit a hot shot to shortstop, then beat out the throw to first, allowing Vesecky to tally the game-winner.

The victory improved Evansville overall record to 22-23 and 9-7 in the Missouri Valley Conference play, while Missouri State drops to 15-33 and 6-10 in the MVC.

Game two of the series is back at Braun Stadium Saturday, with the start time mover up to 12 p.m. CT, due to predicted inclement weather in the Evansville area.

Judges’ Shooting Suspects To Go free After Prosecutor Declines To File Charges

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IL for www.theindianalawyer.com

The two suspects arrested in connection with the shootings of two Clark County judges will soon go free after being released from their bonds Friday afternoon.

Marion Superior Criminal Court 2 Judge Shatrese Flowers told Brandon Kaiser, 41, and Alfredo Vazquez, 23, that they were released as to their bonds of $200,000 and $60,000, respectively, that were set after their arrest in connection with the shootings of Clark Circuit Judges Andrew Adams and Bradley Jacobs. The release came just after the Marion County Prosecutor’s Office announced it would not file charges against Kaiser and Vazquez at this time.

“We have received the results of the investigation conducted to date, including video retrieved from surveillance cameras,” said a statement released by the office and attributed to Prosecutor Terry Curry. “At this time, we have determined that additional investigation must be completed before we can make a charging decision in the matter.”

Adams and Jacobs were shot in the early morning hours of May 1 outside a White Castle restaurant in downtown Indianapolis. The two southern Indiana jurists were in Indianapolis for a judicial conference.

Days later, Indianapolis police arrested Kaiser and Vazquez for their alleged roles in the shootings. The two appeared in Marion Superior Court at 1 p.m. Friday, where they were expected to be formally charged after appearing for a bond hearing Wednesday. The court hearing went on as scheduled despite the prosecutor’s office decision not to press charges.

Upon being told of their release, Kaiser, with handcuffed hands, made the sign of the cross. He was facing felony and misdemeanor charges, including attempted murder, aggravated battery, battery and carrying a handgun without a license. Vazquez was facing a felony charge for assisting a criminal.

Inquiries about the judges’ condition were referred to Jeffersonville attorney Larry Wilder, who said in an email to the Indiana Lawyer on Friday they were improving. “Both judges are still recovering in Indianapolis. They continue to improve and are looking forward to that time which their doctors feel they are ready to come home,” Wilder wrote. “No one is in a rush. They each understand that it is important to defer to their medical professionals.”

Shortly after the Friday hearing, the Indiana Supreme Court released a statement declining to comment on the charging decision.

“Respect for the process requires independent offices to do their job,” a court spokeswoman said. “It is not appropriate for the administrative office or a member of the judiciary to comment on a pending case in a trial court.

VANDERBURGH COUNTY FELONY CHARGES

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 Below are the felony cases to be filed by the Vanderburgh County Prosecutor’s Office today.

Debra Lynn Monyhan: Possession of methamphetamine (Level 6 Felony), Possession of paraphernalia (Class C misdemeanor), Possession of marijuana (Class B misdemeanor)

Frederick Eugene Beavers: Possession of methamphetamine (Level 6 Felony), Possession of paraphernalia (Class A misdemeanor)

Kyle Smith: Possession of methamphetamine (Level 6 Felony), Possession of paraphernalia (Class C misdemeanor), Possession of marijuana (Class B misdemeanor)

Yessenia Araujo: Neglect of a dependent (Level 6 Felony)

Michael Dale Bunker: Residential entry (Level 6 Felony), Criminal mischief (Class A misdemeanor)

William James Griffith: Unlawful possession of syringe (Level 6 Felony)

Alejandro Vasquez :Intimidation (Level 6 Felony), Intimidation (Level 6 Felony), Intimidation (Level 6 Felony), Intimidation (Level 6 Felony)

Jermel Charles Lee: Strangulation (Level 6 Felony), Domestic battery (Level 6 Felony)

Sabrina Diana Charles: Intimidation (Level 6 Felony), Obstruction of justice (Level 6 Felony)

Paul Lamar Mason: Resisting law enforcement (Level 6 Felony), Public intoxication (Class B misdemeanor), Disorderly conduct (Class B misdemeanor)

Justin Edward Roberts: Domestic battery on a person less than 14 years old (Level 6 Felony)

Obituary Of Dorothy J. Collins Folson

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Dorothy J. (Collins) Folsom, 87, of Northern Warrick County, Indiana passed away on
Wednesday, April 17, 2019. She was born in Boonville, Indiana on August 10, 1931 to the late

Andrew Sr. and Elnora (Eilert) Collins.

Dorothy grew up during the Great Depression in Boonville on East Division Street in a small four-room home. She was one of ten children and the only girl. At an early age, Dorothy learned that life was to be treasured. Faith, forgiveness, and redemption were instilled in her heart and often spoken by her Mother, Father, and Grandma Minnie. As a young girl, she proudly watched as her older brothers went off to war and were always grateful for their service as well as her husband’s service in the Armed Forces.

She married her high school sweetheart, Robert F. (Bob) Folsom, on May 23, 1952, in Boonville, Indiana and shared nearly 63 years together. In 1955, they moved to Hart Township, Warrick County where they began their country venture with hard work, little money, and much love. In 1979, they relocated a short distance from their original location atop a large hill in a home they built together. Many wonderful gatherings, dinners, and barbecues took place with family and friends on the Folsom Farm. Dorothy was an amazing cook. She loved and diligently maintained a large organic garden until recent years. She had a passion for sewing and often took on projects despite the difficulty. Most of her life was spent taking care of family, but in her younger years she was employed as a telephone operator and a mail carrier. Dorothy was a member of Fletcher Chapel United Methodist Church.

Dorothy was preceded in death by her husband, Bob in 2015; her brothers, Paul, Richard, Myrl, John, Andy, Alvin, Floyd, Frank, and Jim Collins; lifelong friends, Keith Combs and his wife Wilma who passed ten days after Dorothy.

She is survived by her devoted daughter, Becky Folsom Hodges; her Grandson Bobby
(Michelle) Hodges and Great-grandsons Brandtley and Brockton; Granddaughter Jessica
Hodges and Great-grandson Henry. Also, surviving is her lifelong friend June Metzger and
Dianna Pemberton Harris who was like a second daughter.
Friends may visit with the family from 11:00 AM until 1:00 PM, Saturday, May 18th, at Fletcher Chapel United Methodist Church, Hwy. 61 North, Lynnville, Indiana where a Celebration of Life will begin at 1:00 PM. Interment will be at Maple Grove Cemetery, Boonville, Indiana at a later date.

Methodist Church, or a charity of your choice.

Condolences and any special remembrance may be made online at www.koehlerfuneralhome.com. Koehler Funeral Home of Boonville, Indiana is entrusted with care.

To send flowers to the family of Dorothy J. (Collins) Folsom, please visit Tribute Store.

Obituary for Patricia Thomas McNary

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Patricia Renee (Thomas) McNary was born on August 25, 1966 in Ft. Knox, Kentucky to the late Wayne Thomas, Sr. and Dorothy Thomas. The Lord saw her getting very weary so he sent his angels to bring her to eternal rest on Friday, May 3, 2019 in Atlanta, Georgia.
Patricia attended and graduated from Harrison High School. She went on later to attend Stanford Brown College in St. Louis, MO and received a certificate in Business Administration. She was employed at Casino Aztar in Evansville, IN for 8 years before moving to Atlanta, Georgia. In Atlanta, she was employed by Home Depot Corporate Offices until she was placed on disability due to physical illness.
Patricia confessed her faith in Christ at an early age and was baptized at Cleaves Memorial C.M.E. Church in Evansville, IN. While living in Atlanta, she joined the World International Changers Church under the leadership of Creflo Dollar.
Like her father, Wayne Thomas Sr., Patricia loved singing especially with her sisters. She also loved writing songs and playing card games on the computer, but her greatest joy was spending time with her grandchildren.
She was preceded in death by her father, Wayne Thomas Sr.; paternal and maternal grandparents; and one
granddaughter, Marayah McNary.
She leaves to cherish her memory, two daughters: Lieya and Sierra McNary of Atlanta GA; one son, Desmond (Tiffany) McNary of Henderson KY; her grandchildren: Jiaer McNary, Aubrey Duvall, Zuraya McNary, and Imari McNary; her mother, Dorothy Thomas of Evansville IN; three sisters: Kim Carter of Junction City KS, Savitri Thomas of Evansville IN, and her twin Letitia Powers of Evansville IN; one brother, Wayne Thomas, Jr. of Atlanta GA; a host of aunts, uncles, nieces, nephews, cousins and friends.

Missouri State Evansville Baseball Preview

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With the Missouri Valley Conference tournament on the horizon, the University of Evansville baseball team will look to turn their recent fortunes around in their final home series of the regular season against Missouri State.
The Aces (21-23, 8-7) are coming off their a rough weekend weekend, which saw them get swept by Southern Illinois. It was their first time getting swept in Missouri Valley Conference play, and only their their third series loss this season.

The Aces’ continued it’s struggles against Murray State Tuesday, falling to the non-conference Racers, 6-4 at Evansville’s Charles H. Braun Stadium.

THE OPPOSITION:  • The Bears (15-32, 6-9) bounced back from a four-game losing streak to take 2-of-3 from Dallas Baptist this past weekend in Springfield.

MSU fell to former league rival Wichita State 9-4 in extra innings at home Tuesday night.

THE STARTING ROTATION:  •  The Aces will open the weekend with junior left-hander Nathan Croner (5-6, 4.35 ERA) to face the Bears. Last time out, Croner pitched 4.1 innings against Southern Illinois, allowing five runs on five hits, while striking four, in taking the loss in Evansville’s 6-2 set back. Missouri State will counter with RHP Logan Wiley (3-5, 3.88.

On Saturday, the Aces will send out senior right-hander Justin Hayden (2-2, 4.20 ERA) for his seventh start of the season. Last time out, Hayden gave up three runs, two earned, on five hits, while striking out seven, but suffered the loss in UE’s 4-1 defeat to SIU. The Bears will counter with LHP Jake Lochner (3-2, 5.33 ERA.

On Sunday, neither team has determined a starter yet.

ALL-TIME SERIES:  • The Aces and Bears have met 97 times previously, with Missouri State holding the series edge 57-40, dating back to 1986. The last time the two crossed paths on the diamond, MSU swept UE out of Hammons Field last season three straight. The last time the Aces took a series victory from the Bears was in April of 2013, taking two of three, April 26-28.

Lopez, Bowles propel Eagles in GLVC opener

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