A man who severely beat his girlfriend and held her hostage for several hours has lost his appeal of his domestic battery and criminal confinement convictions.
Mark Thevenot and M.B., who have a history of domestic violence in their relationship, lived together in December 2016. After a night of drinking, Thevenot became angry at M.B. for waking him up and slammed her into a glass coffee table. Shards from the table cut deep wounds into M.B.’s back, but Thevenot refused to take her to a hospital for treatment because he would “get 40 years in prison for it.â€
Two days later, an intoxicated Thevenot again battered M.B., ultimately leaving her unable to feel her legs after he knocked her to the ground, kicking her and beating her with broken piece of wood. As he hit her, Thevenot said that he was beating her because she “throwed [sic] him in jail for six months, so he was going to beat six months.â€
When police arrived at the home a few days later and asked M.B. to step outside for a welfare check, Thevenot slammed and locked the door. Police and SWAT surrounded the home for several hours before Thevenot came outside. He was ultimately convicted of Level 5 felony domestic battery and Level 6 felony criminal confinement and was found to be a habitual offender.
During trial, Thevenot unsuccessfully opposed to the admission of Evidence Rule 404(b) evidence regarding his prior convictions of beating M.B. and Evidence Rule 702 expert opinion evidence regarding domestic violence. On appeal, Thevenot first argued the evidence of his prior conviction was inadmissible under Rule 404(b), but the Indiana Court of Appeals noted Thevenot himself provided the motive behind his actions as he was committing the crime when he referenced the six months he spent in jail.
The court also found that because motive serves as an exception to Rule 404(b)’s prohibition of admitting evidence of prior crimes, the Jefferson Circuit Court did not abuse its discretion in admitting the evidence of his prior conviction.
“Nor can we say the trial court abused its discretion in determining the evidence also cleared the Evidence Rule 403 hurdle, despite the five years that passed between the first and second trials, in light of the fact that Thevenot referenced the prior conviction as he was beating M.B.†Judge Melissa May wrote for the unanimous panel. “The admission of the prior conviction is being used by the State to shed light on what motivated Thevenot to commit the current crime. It is not being used to shine a negative light on Thevenot’s character.â€
Similarly, Thevenot’s Rule 702 argument failed because “there was no chance the expert could be seen as vouching for the victim,†May said.
Thevenot’s also unsuccessfully argued on appeal that prejudicial error occurred during the state’s closing argument. He challenged the deputy prosecutor’s citation to Brown v. State, 497 N.E.2d 1049 (Ind. 1986), on the issue of the meaning of “substantially interfere.†Specifically, the prosecutor told the jury that “the Court stated that the fact that the victim later freed herself does not negate the fact that the jury could find beyond a reasonable doubt that a confinement took place.â€
“Thevenot does not assert that statement is incorrect law or a misstatement of Brown,†May wrote. “The prosecutor made it clear she was reading from Brown, and then she discussed M.B.’s testimony about the times she wanted to escape the situation with Thevenot, but she was unable to leave.
“We cannot say the trial court abused its discretion in allowing the prosecutor to read that sentence from caselaw during its closing argument.â€
The court, thus, affirmed Thevenot’s convictions in Mark E. Thevenot v. State of Indiana, 18A-CR-546.
The Board of School Trustees of the Evansville Vanderburgh School Corporation will meet in executive session at 3:30 p.m. on Monday, May 6, 2019, in the John H. Schroeder Conference Centre at the EVSC Administration Building, 951 Walnut, IN 47713, Evansville, IN. The session will be conducted according to Senate Enrolled Act 313, Section 1, I.C. 5-14-1.5-6.1, as amended. The purpose of the meeting is for discussion of collective bargaining, (2)(A); initiation of litigation or litigation that is either pending or has been threatened specifically in writing, (2)(B); purchase or lease of property, (2)(D); and job performance evaluation of individual employees, (9).
The regular meeting of the School Board will follow at 5:30 p.m. in the EVSC Board Room, same address.
Attorney General Curtis Hill this week joined 17 other states in a brief urging the U.S. Court of Appeals for the 5th Circuit to declare the Affordable Care Act unconstitutional. Such a decision would uphold a U.S. District Court decision from last year regarding the act, which is also known as Obamacare.
“The Affordable Care Act had previously been determined constitutional because of the tax penalty accompanying the individual mandate, which fell under the taxing authority of Congress,” Attorney General Hill said. “When Congress eliminated the tax penalty, the individual mandate lost the constitutional leg on which it stood.”
This brief argues that Obamacare, in its current form, imposes rising costs and gives too much power to the federal government while simultaneously stripping power from the states.
Attorney General Hill reiterated that leaders at all levels of government must work to craft sensible and effective health care policies.
“All Americans – not just the 85 to 90 percent covered by their employers and/or Medicare/Medicaid – should have access to quality health care that they can afford,†Attorney General Hill said. “Congress and the individual states must develop sound constitutional policies that safeguard the health care needs of all individuals, including those with pre-existing conditions.â€
The
Attorney General Curtis Hill will provide an update Monday regarding an investigation into a data breach affecting many Indiana residents.
WHO: Attorney General Curtis Hill
WHAT: Press conference
WHEN: 1 p.m., Monday, May 6, 2019
WHERE: Office of the Attorney General, Statehouse Room 219, Indianapolis.
If you plan to attend, please RSVP to Assistant Deputy Director of Communications Lauren Houck at lauren.houck@atg.in.gov.
The U.S. Environmental Protection Agency (EPA) recently awarded more than $9.3 million to replace 473 older diesel school buses. The funds are going to 145 school bus fleets in 43 states or territories, each of which will receive rebates through EPA’s Diesel Emissions Reduction Act (DERA) funding. The new buses will reduce pollutants that are linked to health problems such as asthma and lung damage.
“Children’s health is a top priority for EPA, and these grants will help provide cleaner air and a healthier ride to and from school for America’s children,†said EPA Administrator Andrew Wheeler. “This DERA funding reflects our broader children’s health agenda and commitment to ensure all children can live, learn, and play in healthy and clean environments.â€
Applicants replacing buses with engine model years of 2006 and older will receive rebates between $15,000 and $20,000, depending on the size of the bus. Regional, state or tribal agencies including school districts and municipalities, or private entities that operate school buses under contract with state, tribal or local agencies were eligible to apply.
Over the last seven years, EPA has awarded approximately $39 million in rebates to replace almost 2,000 school buses. Bus replacements funded through the rebate program reduce emissions and exposure to particulate matter and nitrogen oxides for children at schools, bus stops, and on the buses themselves.
School buses travel over 4 billion miles each year, providing the safest transportation to and from school for more than 25 million American children every day. However, exhaust from diesel buses can harm health, especially in children, who have a faster breathing rate than adults and whose lungs are not yet fully developed.
EPA has implemented standards to make newer diesel engines more than 90% cleaner, but many older diesel school buses are still operating. These older diesel engines emit large amounts of pollutants, which are linked to instances of aggravated asthma, lung damage and other serious health problems.
The 2018 DERA school bus rebate recipients can be found at:Â https://www.epa.gov/cleandiesel/clean-diesel-rebates
Gavel Gamut
By Jim Redwine
www.jamesmredwine.com
(Week of 06 May 2019)
A YANKEE GIRL DOES RODEO
America consists of four countries: (1) everything east of the Mississippi River excluding Florida; (2) Florida, (3) everything west of the Mississippi River excluding California; and, (4) California. Rodeos are the province of people in country (3) although some folks in Florida and California do know there is no accent on the term rodéo except for a certain drive in Beverly Hills frequented by the frou-frou set.
Yankees, that is almost all of those people in countries (1) (2) and (4) snub their noses at those of us from country (3). Yankees tend to talk funny while casting aspersions on the pleasing western drawls of those of us from country (3), and Yankees dress odd while failing to appreciate western wear. In sum, some Yankees want to ignore country (3) even to the point of eliminating the Electoral College and bribing their way into colleges most of those in country (3) would not wish to attend. After all, could real Americans root for colleges whose colors are pastels?
It was important issues such as these that coursed through my brain as Peg, who was born in New York, and I attended a rodeo in Osage County, Oklahoma last week. I was left with the conclusion that Yankee girls and rodeos may not be the best fit. Perhaps you will agree once I relate Peg’s take on the Roy Clark Memorial Championship Rodeo held April 26 and 27, 2019 in Pawhuska, Osage County, Oklahoma.
Peg was fine with and impressed by the opening ceremonies that started with a cowgirl mounted on a horse and carrying the United States flag. That cowgirl was followed by another mounted cowgirl carrying the state flag of Oklahoma then by five more cowgirls riding around the arena with flags of the Air Force, Army, Marines, Navy and Coast Guard. As the flags were displayed “The Star Spangled Banner†was sung, the Pledge of Allegiance was recited and a long prayer was given. Then the rodeo events began. That’s also when Peg began to inquire about such things as calves, steers, horses and bulls feeling put upon by such things as cowboys, cowgirls, ropes and stock handlers.
“Jim, that cowboy roped that calf around the neck while it was running full speed and abruptly jerked it to a stop by reigning in his horse. Doesn’t that hurt and isn’t that cruel and inhumane?â€
“I suppose so, but not ever having been roped, I don’t know. I note the calf jumped up and trotted off looking fine.â€
“Well I beg to differ, you chased me until I roped you in, although sometimes I wonder why I did. Anyway, Jim, the announcer said the cowboy tied up three of the calf’s legs with a ‘piggin string’ he carried in his teeth. Where are the pigs?â€
“There are no pigs in rodeos unless you are on a farm back east. It’s just a term of art.â€
“It seems like almost all the cowboys who try to ride the bucking horses and bulls get thrown off. Doesn’t that hurt? And, where’s the art in that?â€
“Yes, it hurts about like getting hit by a 300 pound football player. However, if they hang on for 8 seconds they can win prize money. It’s all part of the rodeo experience, Peg.â€
“Jim, I don’t think it’s fair they penalize the cowgirl barrel racers for knocking over a barrel. Why don’t they set the barrels up so they won’t fall over?â€
“Because then the cowgirls would go flying over the saddle horns when the horse hits a barrel.â€
“Jim, in that team roping thingy why don’t they just set a large circle of rope down on the arena floor and shoo the steer’s hind legs into it?â€
“Because that is not what happens on a ranch when cattle are being worked. Rodeos are based on actual ranch work and steers have to be rounded up on a ranch.â€
“Jim, do you think we’ll see Sam Elliott here tonight?â€
“Are you ready to leave? Maybe we’ll go see a movie. Perhaps you’ll see Sam there.â€
For more Gavel Gamut articles go to www.jamesmredwine.com
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This year, the Division of Nature Preserves is teaming with some of its partner organizations and land trusts to hold a series of hikes on nature preserves. We hope you can join us to see some of Indiana’s finest natural areas.
Attendance is free – but registration required. For more information or to register for a hike, go to the hike below.
For more preserve information, go to our interactive map.
5/4Â -Â Green’s Bluff Nature Preserve Guided Hike, Owen County
5/11Â -Â Brock Sampson Nature Preserve Guided Hike, Floyd County
5/11Â -Â Olin Lake Nature Preserve Guided Hike, LaGrange County
5/11Â -Â Sweedy Hollow Nature Preserve Guided Hike, Monroe County
6/8Â -Â Lowe’s Prairie Guided Hike, White County
6/8Â -Â Wintergreen Woods Nature Preserve Guided Hike, LaPorte County
6/26Â -Â Pine Hills Nature Preserve 50th Anniversary Guided Hike, Montgomery County
9/14Â -Â Pine Station Nature Preserve Guided Hike, Lake County
9/21Â -Â Bluffs of Beaver Bend Nature Preserve Guided Hike, Martin County
