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Supreme Court Remands Drug Convictions To Eliminate Double Jeopardy Violations

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Supreme Court Remands Drug Convictions To Eliminate Double Jeopardy Violations

June 16, 2019

 Katie Stancombe

The Indiana Supreme Court remanded a guilty verdict Monday solely to eliminate the remaining double jeopardy violation in a man’s two drug-related convictions. Both convictions were enhanced based on the same evidence of his possession of a single firearm.
The case of Dwayne A. Springfield v. State of Indiana, 19S-CR-348, began after law enforcement apprehended Dwyane Springfield following a December 2016 traffic stop-turned-police chase.
Springfield was arrested and subsequently convicted of several crimes, including Level 4 felony possession of cocaine, Level 5 felony possession of a narcotic drug and Level 4 felony unlawful possession of a firearm by a serious violent felon. He was also determined to be a habitual offender.
Springfield received an aggregate 30-year sentence, but the Indiana Court of Appeals reversed Springfield’s conviction and accompanying sentence for Level 5 felony unlawful possession of a firearm in December.
Then in a Monday per curiam opinion, the Supreme Court granted transfer to address and eliminate a residual double jeopardy violation in Springfield’s case. Specifically, it targeted the two drug-related convictions at hand that were enhanced based on the possession of a single gun.
“Although the use of the same weapon during the commission of two or more distinct offenses may be used to enhance the level of each offense without offending double jeopardy protections, enhancing the level of two separate offenses for the continuous possession of a firearm would violate these principles,” the opinion states, citing a concurrence in Miller v. State, 790 N.E.2d 437, 439 (Ind. 2003). “The appropriate remedy to address such violations is to reduce one of the offending convictions to a lesser included offense, if doing so will eliminate the violation.”
The Supreme Court, thus, remanded the case to the trial court for entry of judgement on Springfield’s convictions for Level 4 felony possession of cocaine and Level 6 felony possession of a narcotic drug, a reduction from the original Level 5 felony conviction. It also remanded for the determination of an appropriate sentence for each conviction.

“We summarily affirm the opinion of the Court of Appeals in all other respects,” the opinion concluded. All justices concurred.

BOARD OF PARK COMMISSIONERS REGULAR MEETING

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BOARD OF PARK COMMISSIONERS REGULAR MEETING

At  THE KEVIN WINTERNHEIMER CHAMBERS

ROOM 301, CIVIC CENTER COMPLEXTWEDNESDAY, JUNE 19, 2019 AT 12:00 NOON

 AGENDA

1.      CALL TO ORDER

2.      MEETING MEMORANDUM  For JUNE 5, 2019

3.      CONSENT AGENDA                                                

 Request Re: Approve and Execute Rental Agreement for Lloyd Pool with The Catholic Diocese of Evansville. – Holtz

b.    Request Re: Approve and Execute Park Property Permit with Easter Seals Society, Inc. 

 for Fantasy of Lights at Garvin Park.- Holtz

                  OLD BUSINESS  

           Request Re: Eagle Scout Project at Diamond Valley Park- Aaron Gardner.

  NEW BUSINESS  

          Request Re: Any Other Business the Board Wishes to Consider and Public Comments

     REPORTS

           Brian Holtz- Executive Director

   ACCEPTANCE OF PAYROLL AND VENDOR CLAIMS

 ADJOURN

Randy Wynne Gets Chance In Affiliated Baseball With Reds

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Evansville Otters starting pitcher Randy Wynne had his contract purchased by the Cincinnati Reds this week.

“We’re very happy for Randy getting this opportunity, and it shows that hard work and perseverance does pay off,” Otters manager Andy McCauley said.

“It would’ve been easy for him to give up after four great seasons and not getting the call.”

Randy Wynne is from Santee, Calif. and joined the Otters heading into the 2018 season, signing out of the United Shore Professional Baseball League from the Birmingham-Bloomfield Beavers.

“It’s a dream come true and everything I’ve wanted since I was five years old,” Wynne said. “After four years of professional baseball, I didn’t know if the opportunity was ever going to come. To get that recognition now, it’s surreal.”

In 2018, Wynne went 9-9 with a 3.55 ERA, making 19 starts in 23 total appearances. Wynne had 114 strikeouts in 134.1 innings pitched, which both marks entered the top-10 single-season record books in Otters’ franchise history. He also had four complete games.

Up to this point in 2019, Wynne had a 5-2 record with a 3.42 ERA in seven starts. Wynne had posted 47 strikeouts to eight walks in 50 innings pitched.

“I’ve learned a lot in two seasons with Evansville, learning how to handle your business on and off the field,” Wynne said.

“A lot of credit has to go to Randy himself but pitching coach Max Peterson has a knack of getting pitchers to elevate their game to have success in the Frontier League to get picked up,” McCauley said.

“Whether it’s a new grip, new pitch, pitch selection or just the mentality, Max has been very successful helping young pitchers move on.”

Wynne earned the Frontier League’s Pitcher of the Week on May 13, following his Opening Weekend performance.

In that start, the right-hander had a career-high 13 strikeouts, allowing one unearned run in eight innings off two hits in a win against the Southern Illinois Miners.

Between two starts at the Joliet Slammers and Schaumburg Boomers on June 4 and 9, respectively, Wynne combined to allow one run in 16.1 innings pitched with 10 strikeouts.

Wynne is the third Otters player to be signed to an affiliated organization this season.

 

Ivy Tech Community College To Host Express Enrollment Days June 20-22

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Ivy Tech Community College Evansville Campus and the Princeton and Tell City Career & Technology Centers, will host two Express Enrollment Day events next week. Prospective students can attend an event Thursday, June 20, from 9 a.m.-6 p.m., or Saturday, June 22, from 9 a.m.-3 p.m.

During these events, participants can visit the Evansville Service Area locations for an in-person enrollment experience.

With Ivy Tech staff onsite, participants will have the opportunity to register for classes, discuss financial aid options and meet with academic advisors. Participants will also have the opportunity to learn more about assessment options. For participants without school transcripts or test scores to provide, the ACCUPLACER assessment can assist them in determining the classes that align with their needs.

Ivy Tech is dedicated to helping students adjust to college life, move through programs efficiently and expand their careers. The first part of that commitment involves helping students know their way around. During Express Enrollment Day, students can complete the FYIvy online orientation and schedule in-person orientation sessions, including campus tours.

Express Enrollment Day is free. However, participants are encouraged to RSVP at IvyTech.edu/EEDay, ensuring that each location can effectively serve its community.

  • The Evansville Campus is located at 3501 N. First Avenue, Evansville, IN
  • The Princeton Career & Technology Center is located at 2431 S. Crabtree Drive, Princeton, IN
  • And the Tell City Campus.

EPA Administrator Concludes Engagements at G20 Environmental Ministers Meeting

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U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler concluded his visit to Karuizawa, Japan where he attended the inaugural G20 Energy and Environmental Ministers Meeting. While in Japan, Administrator Wheeler also met with environmental ministers from seven G20 and observer nations. Administrator Wheeler stressed the importance of protecting our environment while enhancing economic prosperity.

“I want to thank Japanese Minister Yoshiaki Harada for bringing together our international partners for this historic, first-ever G20 environment ministers meeting,” said EPA Administrator Andrew Wheeler. “The United States will continue to work with our G20 members to combat marine litter, improve water quality, and reduce air pollution while promoting innovation and economic prosperity.”

The first two sessions of the ministerial meetings included joint discussions among the G20 energy ministers and environmental ministers. In these sessions, each minister delivered opening remarks, and heard from leaders from the International Energy Agency (IEA), the Organisation for Economic Cooperation and Development (OECD), the Economic Research Institute for Association of Southeast Asian Nations and East Asia (ERIA), and the World Business Council for Sustainable Development (WBCSD).

In his remarks, Administrator Wheeler highlighted the environmental successes of the United States, including reducing CO2 emissions by 14% between 2005 and 2017, and from 1970 to 2017 reducing six criteria air pollutants by 73% while the economy grew over 260%. He also stressed our commitment to global water issues, including combatting marine debris, increasing investment in water infrastructure, and increasing access to clean drinking water to communities across the globe.

Following these sessions, the environment ministers held a session on resource efficiency and marine debris. In this session, Administrator Wheeler continued to stress the U.S. commitment to global water issues.

The ministerial concluded with consensus on the G20 Implementation Framework for Actions on Marine Plastic Litter, and the G20 Action Agenda on Adaptation and Resilient Infrastructure. Consensus was also made on the G20 Environment Communique and the joint G20 Energy and Environment Communique.

“I’m pleased the G20 nations came to consensus on these very important issues,” said Administrator Wheeler. “There are many environmental matters where working together we can make genuine progress to improve the environment and living conditions around the world. This is our focus, and I look forward to continuing to work with my G20 partners in these areas.”

In addition to the general sessions, Administrator Wheeler had very productive meetings with his counterparts on marine litter, waste management, water infrastructure, and access to clean drinking water.

He met with ministers from Japan, South Korea, Brazil, and Thailand, and the Deputy Ministers from China, Saudi Arabia, and Vietnam.

Six Asian nations are the largest contributors to marine litter. In the bilateral meetings with Japan and South Korea, he discussed working together to assist other Asian nations with reducing their contributions to marine debris.

He also discussed with Thailand, China and Vietnam areas to lend technical and expertise support to those nations in reducing their contributions to marine debris.

The U.S. also discussed working together with the G20 on waste management and water infrastructure and lending our technical support in this area.

ECVB MEETING

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VANDERBURGH COUNTY FELONY CHARGES

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

Michael O’Neil Wickliffe: Theft (Level 6 Felony)

Dclarence Royale Ramsey: Domestic battery by means of a deadly weapon (Level 5 Felony), Domestic battery resulting in moderate bodily injury (Level 6 Felony), Operating a vehicle with an ACE of 0.08 or more (Class C misdemeanor)

Krista Rae Sisk: Domestic battery (Level 6 Felony)

Trent Shaun Lockyear: Domestic battery (Level 5 Felony)

Joshua L. Kerns: Intimidation (Level 6 Felony), Battery against a public safety official (Level 6 Felony), Attempt Battery against a public safety official (Level 6 Felony), Resisting law enforcement (Level 6 Felony)

Steven G. Gibson: Possession of methamphetamine (Level 6 Felony), Unlawful possession of syringe (Level 6 Felony), Possession of a synthetic drug or synthetic drug lookalike substance (Class A misdemeanor), Possession of paraphernalia (Class C misdemeanor)

Alfred Carter Thomas Jr.: Operating a motor vehicle after forfeiture of license for life (Level 5 Felony), Auto theft (Level 6 Felony), Possession of a controlled substance (Class A misdemeanor)

Sydney Eileen Cooper: Possession of methamphetamine (Level 6 Felony), Possession of a narcotic drug (Level 6 Felony), Possession of a controlled substance (Class A misdemeanor), Possession of a controlled substance (Class A misdemeanor), Possession of marijuana (Class B misdemeanor), Possession of paraphernalia (Class C misdemeanor)

James P. Wolf: Criminal recklessness (Level 6 Felony), Reckless driving (Class C misdemeanor)

Thomas Gilmer Jr.: Battery against a public safety official (Level 6 Felony), Attempt Battery against a public safety official (Level 6 Felony), Operating a vehicle as an habitual traffic violator (Level 6 Felony), Intimidation (Level 6 Felony), Leaving the scene of an accident (Class B misdemeanor)

Zachary W. Thompson: Domestic battery (Level 6 Felony)

Gordon Michael Vanbibber: Possession of methamphetamine (Level 6 Felony), Disregarding automatic signal (C infraction)

ADOPT A PET

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Oberon is a female Dutch rabbit. She’s about 3 years old and when she came in, she was a very under-socialized bunny who did not trust people. But she has come SUCH a long way in her 4 months at the shelter! Oberon’s adoption fee is $50 and includes her spay & microchip. She’s also doing very well with litterbox training. Contact Vanderburgh Humane at (812) 426-2563 for adoption details!

HOT JOBS IN EVANSVILLE

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Medical Biller
The Eye Group of Southern Indiana – Evansville, IN
In-house medical Billing/Insurance Clerk needed for quality ophthalmology practice Monday – Friday 8 AM to 5 PM….
Easily apply
Sponsored
Veterinary Receptionist
West Side Pet Hospital – Evansville, IN
Responsive employer
No phone calls please. We are currently hiring for a full time receptionist for a busy veterinary clinic. Experience is preferred….
Easily apply
Jun 14
Office Administrator
AIT Therapeutics Inc. – Evansville, IN
$12 – $14 an hour
Answering phones/transferring calls to staff. At least one year experience in same or connected field. The Company is currently applying its therapeutic…
Easily apply
Jun 15
Administrative Assistant
MFG Company – Evansville, IN
Answer, prioritize and route calls for the business. Driver’s License (Preferred). Greet and direct facility visitors;…
Easily apply
Jun 14
Evening Cleaning Team Member- 5:30p-9:30p M-F (Part-time)- Corporate Location
Frantz Building Services 3.6/5 rating   26 reviews  – Evansville, IN
Frantz pays higher wages than most service contractors because we want to attract the best. We succeed when you succeed. We want you to grow and succeed….
Easily apply
Jun 14
Greenhouse Nursery Production Assistants
Shourds Wholesale Nursery – Evansville, IN
$9 an hour
Must be able to lift heavy trees at times, have their own dependable transportation, and be drug free. We have a pleasant out-door work environment….
Easily apply
Jun 14
Cord Blood Tech
Life Line Stem Cell – Evansville, IN
$10 an hour
Performs all duties and responsibilities in compliance with the current standard operating procedures (SOP), regulations outlined in the Code of Federal…
Easily apply
Jun 14
Office Assistant
St. Vincent Health, IN 3.9/5 rating   7 reviews  – Evansville, IN
Vincent Health System-IN, you will have the opportunity to work in a customer service capacity providing administrative and clerical support to patients and…
Jun 14
Front Desk Receptionist
Familia Dental 2.9/5 rating   261 reviews  – Evansville, IN
Dental Receptionist must be able to listen to patients and other healthcare workers, and follow directions from a Dentist or supervisor….
Easily apply
Jun 13
Community Engagement Coordinator
Volunteers of America Ohio & Indiana 3.6/5 rating   2,121 reviews  – Evansville, IN
$15 – $17 an hour
A valid Indiana Driver’s License and a driving record that is in compliance with Volunteers of America are required for occasional travel to event sites….
Jun 14
Macy’s Hiring Event – June 29, 11am-7pm: Eastland, IN
Macy’s 3.7/5 rating   29,304 reviews  – Evansville, IN
Our associates are an integral part of bringing the magic of Macy’s to life, and they perform a number of functions that are critical to offering our customers…
Jun 14
Cleaning Technician
Dirt Finders Maid Service – Evansville, IN
$10 an hour
Must have reliable transportation and a valid driver license. Cleaning service techs for cleaning of residential and commercial jobs,….
Easily apply
Jun 13
Garden Center Merchandiser
Plant Essentials Inc 3.7/5 rating   173 reviews  – Evansville, IN
Merchandisers must also have a positive and professional attitude, reliable transportation, home/cellular phone contact, valid e-mail address, and be able to…
Jun 15
Preschool Center Aid Boonville
TRI-CAP 3.9/5 rating   18 reviews  – Boonville, IN
In accordance with Indiana State Licensing Regulation 470 IAC 3-4.7-24 must be 18 years of age. Until the CDA, Associate, or Bachelor’s Degree in ECE is…
Easily apply
Jun 14
Cashier Associate
Burlington Stores 3.4/5 rating   7,502 reviews  – Evansville, IN
You will enjoy a competitive wage, flexible hours, and an associate discount. Burlington associates make a difference in the lives of customers, colleagues, and…
Jun 14
Retail Receiving Associate
Burlington Stores 3.4/5 rating   7,502 reviews  – Evansville, IN
You’ll play a major role in successfully managing the flow of merchandise from the stockroom through our stores, which is a critical element in driving positive…
Jun 14
Housekeeper Part Time-101020
Extended Stay America 3.2/5 rating   1,687 reviews  – Evansville, IN
Reporting any guest property that may be leftover in the room directly to the front desk and management. Compliance with all safety and security policies and…
Jun 14
Attendant Care Associate (Home Care Aide)
Horizon Home Care – Henderson, KY
$11.50 an hour
Must be able to provide care in county area. Mileage will be paid according to company policy. Horizon Home Care has the following Full Time and Part Time…
Easily apply
Sponsored
Security Guard / Customer Service
Securitas Security Services USA, Inc – Evansville, IN
Must be able to meet and continue to meet any applicable state, county and municipal licensing requirements for Security Officers/Guard….
Easily apply
Sponsored
Warehouse / Delivery Driver
American Wholesalers, Inc. – Evansville, IN
$30,000 – $35,000 a year
Must have valid Driver’s License / accepted on our insurance / obtain For-Hire. Endorsement License (cost reimbursed) / pass DOT physical (company pays for)….
Easily apply
Sponsored

AG’s office joins TenPoint Coalition’s celebration of year without homicide in Far Eastside Indy neighborhood

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The Office of the Attorney General on Monday joined the Indianapolis TenPoint Coalition, law enforcement, the U.S. Attorney’s Office and local residents to celebrate one year without a homicide in a Far Eastside Indianapolis community in the area of 42nd Street and Post Road.

“The TenPoint Coalition continues to do incredible work for this community,” Attorney General Curtis Hill said. “They make a huge impact in Hoosier neighborhoods by spending time directly with those most at risk of engaging in dangerous and/or violent behavior.”

Rev. Charles Harrison, leader of the Indianapolis TenPoint Coalition, praised local police and others for working in partnership with TenPoint toward achieving mutual goals.

“This is a collaborative effort that has helped curb the pattern of violence and the root causes behind it,” said Rev. Harrison. “We are creating safer neighborhoods where people will no longer have to live in fear.”

In Indianapolis, TenPoint has markedly reduced urban youth gun violence in neighborhoods where the initiative has been utilized.

“Today we celebrate TenPoint’s success in this neighborhood,” Indianapolis Mayor Joe Hogsett said. “Those who represent TenPoint will tell you that without support from law enforcement generally and the Attorney General’s office in particular, days like today wouldn’t be possible. It also involves the neighborhoods and the community activists.”

Chief Bryan Roach of the Indianapolis Metropolitan Police Department expressed the same theme.

“‘Working together works’ is what I’ve always heard from Rev. Harrison,” Chief Roach said. “I appreciate Pastor James Jackson and all those working together in our neighborhoods to curb violence in our city.”

Monday’s press conference was hosted at Fervent Prayer Church, where Pastor Jackson serves.

“About a year ago, we gathered together with the goal of reducing and preventing juvenile crime and overall crime on the Far Eastside of Indianapolis,” Jackson said. “We’re very excited and happy to report that we have been able to do just that out of collaboration with many community partners. It is our prayer and our hope we will be able to continue.”

Lawrence Police Chief David Hofmann said he has seen significant improvements in the area.

“Partnerships such as the one we enjoy with the TenPoint Coalition truly improve the quality of life in our neighborhoods,” he said. “We certainly see that is the case in the area of 42nd Street and Post Road,”

Multiple police agencies have contributed to the cause, said Lawrence Mayor Steve Collier.

“This is a great example of the cooperation that exists between IMPD and LPD,” Collier said. “It’s a tough area for both of us. You hear so much bad news, but now we’re seeing things trending in a better way, and we want to celebrate that.”

An area resident expressed gratitude for changes she has witnessed at Meadowlark Apartments, where she resides with four children.

“It feels safer,” said Chaquita Croney. “My kids and I can sit outside without having to worry about hearing gunshots. I feel better now.”

Extensive conversations in 2017 between Attorney General Hill and Rev. Harrison led to a partnership via which the Office of the Indiana Attorney General now provides logistical and financial support to neighborhood organizations that commit to following TenPoint principles.

Chief of Staff Mary Beth Bonaventura represented Attorney General Hill at today’s event. State Sen. Jim Merritt also attended.