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Dad who beat son, 6, loses parental privilege defense appeal

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Dave Stafford for www.theindianadianalawyer.com

An Allen County father who repeatedly struck his 6-year-old son in the face causing serious bruising after he accused the child of stealing his cigarettes had no viable claim of parental privilege shielding him from battery convictions.

The Indiana Court of Appeals on Thursday affirmed an Allen Superior jury’s conviction of Darwin L.G. Hanks on charges of Level 5 felony battery and Level 6 felony domestic battery. He was sentenced to an aggregate of four years in prison.

Hanks was charged after teachers noticed the different injuries on his son’s face on different days in late November and early December 2017, and authorities intervened after the child said his father had struck him.

At his trial, Hanks asserted his parental privilege to discipline his child, which the state may overcome by proving either that the force the parent used was unreasonable or that the parent’s belief that such force was necessary to control the child and prevent misconduct was unreasonable. The reasonableness test for parental force formulated in Willis v. State, 888 N.E.2d 177 (Ind. 2008) considers factors such as the child’s age, sex and mental condition; the nature of the child’s offense and apparent motive; the influence of the child’s example on other children; whether the force is reasonably necessary to compel obedience to a proper command, and; whether it is disproportionate to the offense, unnecessarily degrading or likely to cause serious or permanent harm.

“A review of the relevant factors listed above supports the jury’s decision to reject Hanks’s parental privilege defense,” Judge Terry Crone wrote for the panel in Darwin L.G. Hanks v. State of Indiana, 18A-CR-2240. “Hanks struck his six-year-old son D.H. in the face on at least two occasions with sufficient force to leave marks that lasted for a number of days. The first injury covered almost one entire side of D.H.’s face, and, the day after that incident, his face still felt ‘like fire.’

“… Hanks inflicted this punishment because he believed that D.H. had a problem with stealing his parents’ things and lying about it. While Hanks asserts that he was simply using progressive forms of discipline to try to correct a behavior problem, the evidence ultimately supports a conclusion that Hanks used an unreasonable and disproportionate amount of force when disciplining six-year-old D.H. for his misbehavior,” Crone continued. “…The State presented sufficient evidence to refute the defense of parental privilege.”

Chief Judge Nancy Vaidik concurred in result without a separate opinion.

USI MEN AND WOMEN SELECTED AS ALL-AMERICAN ACADEMIC TEAMS

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NEW ORLEANS, La. – The University of Southern Indiana men’s and women’s cross country teams placed three men and three women along with a women’s team honor on the All-Academic team from the USTFCCCA on Thursday.

In order to qualify for this honor, these individuals had a GPA higher than 3.25 and placed in the top thirty-percent of runners at their respective regional meets and/or placed in the top half of the NCAA II National Championships.

Team honors were given out if a team had scored at the regional meet along with a cumulative team GPA of above a 3.0.

MEN HONOREES

Junior Austin Nolan (Evansville, Indiana) was named after a 10th-place performance at the NCAA II Midwest Regional in Hillsdale, advancing with the team to Nationals where he finished 75th. Nolan also secured his second-straight GLVC Runner of the Year honor after a first-place finish at the GLVC Championships. Nolan is an Accounting major at USI.

Junior Nathan Hall (Springfield, Missouri) crossed the line in 157th at the NCAA II National Championships after a 101st-place performance at regionals. The business administration major also garnered an All-GLVC honor from his 10th-place finish at the GLVC Championships in Louisville.

The final USI men’s runner to be named All-Academic was sophomore Grady Wilkinson (Mt Carmel, Illinois). Wilkinson also secured an All-GLVC finish in 13th at the championships in November while placing 33rd at regionals and 174th at nationals. Wilkinson is undecided on his major at USI.

WOMEN HONOREES

The USI women’s team, led by head coach Mike Hillyard, grabbed an All-Academic team honor after a 5th-place finish at the GLVC Championships and a 12th-place performance at the NCAA II Midwest Regional.

Junior Jennifer Comastri (Indianapolis, Indiana) is a Kinesiology major at USI while finishing 5th at the GLVC Championships in November for an All-GLVC performance and finished 35th at the NCAA II Midwest Regional. Comastri also was the first Eagle finisher in all six meets this season.

Freshman Haley Barker (Boonville, Indiana) placed in the top five Eagle finishers in every meet this season in her first year of competition. Barker placed 10th at the GLVC Championships for yet another All-GLVC run. Barker is a pre-dental hygiene major at USI in addition to her cross country and track membership.

Junior Ashley Lawhorn (Frankfort, Kentucky) wrapped up her season with a 21st-place run at the GLVC Championships and crossed the line in 65th at the NCAA II Midwest Regional. The history major ran in the top five Eagle finishers all season long.

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Eagles hold off Bearcats, 100-95

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University of Southern Indiana Men’s Basketball held off McKendree University, 100-65, Thursday evening at the Physical Activities Center. The Screaming Eagles rise to 17-6 overall and 9-4 in the GLVC, while the Bearcats go to 9-14, 5-9 GLVC.

The Eagles hit for the first five points of the game and battled to a 42-34 halftime advantage. USI extended its advantage to a first-half best 12 points, 36-24, with 4:26 left in the opening half after senior guard/forward Nate Hansen(Evansville, Indiana) capped off a 16-6 run with a lay-up.

USI was a blistering six-of-eight during the run that had Hansen (5) and senior guard Alex Stein(Evansville, Indiana) (7) combined for 12 of the 16 points.

At the intermission, Stein and sophomore forward Emmanuel Little (Indianapolis, Indiana) had 10 points each to led the way. Little was five-of-eight form the field, while Stein was four-of-seven with a pair of free throws during the first 20 minutes.

In the second half, USI continued to add to its halftime margin by outscoring McKendree, 38-29, in building its largest lead of the game, 80-63, with 6:04 left. The Eagles were blistering from the field while building the 17-point lead, hitting 15-of-23 shot overall and four-of-seven from long range.

The Bearcats, however, were not done and made a run at the Eagles in the final minutes. McKendree used a 28-14 surge to get back to within three points, 94-91 with 56 second remaining on the clock. The Eagles responded with junior guard/forward Kobe Caldwell (Bowling Green, Kentucky), Stein, and Little combining for six-straight free throws in the final seconds to close out the 100-95 victory.

The 100-point game was the second of the year for the Eagles (USI scored 110 points versus Lake Superior State University in November). USI also shot 57.4 percent for the game (35-61) and won the battle on the boards, 35-28.

Individually, Stein led five Eagles in double-digits with 26 points. The 26 points pulls the senior guard to within 41 points of becoming the third USI player to reach 2,000 in his career.

Caldwell followed in the scoring column with 21 points, marking his fifth game over 20 points this season. Sophomore guard Mateo Rivera (Indianapolis, Indiana) was third on the team tonight with a season-high 15 points, while Little dropped in 14 points. Hansen rounded out the double-digit scorers with 13 points in the victory.

USI reaches the halfway point of the four-game homestand Saturday at 3:15 p.m. when it hosts the University of Illinois Springfield for Homecoming. Illinois Springfield is 13-11 overall and 6-8 in the GLVC after falling 73-65 at Bellarmine University tonight in Louisville, Kentucky.

USI has the series advantage versus Illinois Springfield, 10-4 overall and 7-3 in the GLVC, since the beginning of the match-ups in 2002-03 and the Prairie Stars entrance into the GLVC in 2009-10. The Eagles, who hold a 7-1 advantage in the series at the PAC, lost to the Stars last year in Springfield, Illinois, 79-70, despite the double-double, 23 points and 10 rebounds, by Little.

Eagles survive foul trouble, comeback bid to top Bearcats

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University of Southern Indiana Women’s Basketball survived a barrage of second-half fouls and a furious comeback bid to defeat visiting McKendree University, 66-62, in Great Lakes Valley Conference action Thursday evening at the Physical Activities Center.

The Screaming Eagles (16-7, 9-4 GLVC), who led 40-19 late in the second quarter, were whistled for nine fouls in the first seven-and-a-half minutes of the fourth quarter and 14 for the second half as the Bearcats slowly chipped away at USI’s lead.

McKendree (12-11, 6-8 GLVC) scored the final seven points of the second quarter to trim USI’s 21-point advantage to 40-26 at the intermission. The Bearcats shot 53.8 percent from the field in the third quarter as they cut the Eagles’ advantage to 56-47 heading into the fourth quarter.

USI’s lead continued to dwindle as foul trouble sent key players to the bench during the fourth quarter. McKendree held the Eagles to just two points throughout the first eight minutes of the period as it pulled to within one point at 58-57 with less than two minutes to play.

Freshman forward Ashlynn Brown (Perrysburg, Ohio) hit a crucial basket with 1:43 to play in the game, putting the Eagles up 60-57. Senior guard Alex Davidson (Salem, Indiana) and senior center Kacy Eschweiler (St. Charles, Missouri) combined to go 6-of-6 at the free throw line in the final 30 seconds as the Eagles held on for the four-point victory.

First half run
USI used a 32-13 run that took up nearly 15 minutes of the first half to build its 21-point advantage. The Eagles were 12-of-20 (.600) from the field and 4-of-11 (.364) from three-point range during the run. Additionally, the Eagles racked up seven assists and seven steals as McKendree had 16 of its 25 turnovers during the stretch.

Foul trouble
Foul trouble plagued the Eagles late in the game as sophomore forward Imani Guy (Columbus, Indiana) and senior forward/center Mikayla Rowan (Brazil, Indiana) each fouled out of the contest. USI committed nine fouls in the first eight minutes of the fourth quarter, while McKendree was not whistled for an infraction in the fourth period until the 2:24 mark.

Statistical leaders
Junior guard Ashley Johnson (Louisville, Kentucky) led USI with 16 points, six assists and four steals, while Eschweiler chipped in 14 points and 11 rebounds. Guy added 12 points and nine rebounds.

McKendree was aided by the effort of junior guard Jordan Heberg, who finished with a game-high 27 points.

American Heart Association – Indiana‎2019 Evansville Go Red For Women Luncheon

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Today at 10:30 AM – 1 PM
Old National Events Plaza

715 Locust St, Evansville, Indiana 47708
Join us as we celebrate the 15th anniversary of Go Red For Women, the American Heart Association’s movement that has grown into a trusted, passionate, relevant force for change to eradicate heart disease and stroke.

The Go Red For Women Luncheon continues to be the cornerstone event of the movement.

“Indianapolis Would Love to Have Amazon”: Sen. Braun Talks Congressional Pensions, Amazon HQ on Bloomberg TV

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In case you missed it, Senator Braun appeared on Bloomberg TV today to discuss Amazon’s decision to pull out of the company’s planned New York headquarters and his new bill to end Congressional pensions.

Click here or below to watch the video.

EPD REPORT

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EPD REPORT

VANDERBURGH COUNTY RECENT BOOKING RECORDS

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http://www.vanderburghsheriff.com/jail-recent-booking-records.aspx

Art in the City 2019 – Reception and Ribbon Cutting Today

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Join us as we celebrate our brand new gallery and all of our talented artists at our Art in the City reception and ribbon-cutting ceremony on Friday, Feb. 15!

Art in the City is the first exhibit in the Arts Council of Southwestern Indiana’s new gallery at 212 Main St. in Downtown Evansville. The show features the work of more than 60 local artists.

The event starts at 5 p.m. with a ribbon-cutting ceremony featuring Mayor Lloyd Winnecke and Arts Council officials. The reception follows at 5:30 p.m. Sauced is catering with light hors d’oeuvres and a cash bar. Patrick Preston will provide musical entertainment. There is no cost to attend our reception.

AMENDED “IS IT TRUE FOR “FEBRUARY 15, 2019

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We hope that today’s “IS IT TRUE” 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?

We ask for you to pray for the mother of our Chief Of Police Billy Bolin who has an extremely serious medical condition.  She is currently in the hospital and resting quietly but is in guarded condition?  …she has been fighting cancer for over a year?…she currently is in the hospital fighting the complications of her year-long battle with cancer.  Her prognosis for a healthy recovery is dim. It’s time we ask you to use the power of prayer to bring her back to health or put her at peace.
IS IT TRUE that Evansville Mayor Lloyd Winnecke made an admission that has not been heard in the City of Evansville for many years?…with all of the bone-jarring, teeth-rattling potholes that have been forming in the aging streets of Evansville, Mayor Winnecke actually acknowledged that there are potholes that need to be repaired?…while that may sound amazing since there has been a pothole problem in River City for at least half a century and no mayor has ever owned up to it, Mayor Winnecke may be the first mayor of Evansville to ever admit that life isn’t ideal here?…it is actually encouraging to hear a mayor admit to infrastructure problems as opposed to running for some higher office and promising hotels for arenas while riding unicorns down Main Street?…maybe we are in for a year of atonement when it comes to worshiping shiny objects and accentuating the positive while ignoring things in need of attention?
IS IT TRUE that several people are asking us about the progress in the City of Evansville’s quest to collect over a million bucks from the owners of the McCurdy Hotel?  …despite this issue the McCurdy Hotel is finally beginning to look like there may be a spark of life on the horizon?…after eight and a half years of false starts and delusional expectations the old girl looks to be on the verge of actually becoming a nice riverfront apartment building as was promised by the mayor of Evansville in the summer of 2008?  …the City-County Observer is pleased to see some positive activity despite the most amazing failure of governance and local backroom politics that Evansville has been known for many years?
IS IT TRUE we hope that the many of millions of dollars that Mayor Winnecke has spent on the overall economic development on Downtown, North Main Street and Haynes Corner Arts District will pay off in the long term?
IS IT TRUE we wonder when Evansville Mayor Winnecke and Ivy Tech-Evansville Chancellor Jonathan Wienzapfel are going to publicly demand that soon to be built IU Medical School will include Ivy Tech 1,500 Medical Tech schools in their plans?  …that the taxpayers Evansville pledged $57 million dollars to ensure that the new Downtown IU Medical School will house programs from the IU School of Medicine and the IU School of Dentistry, as well as Ivy Tech Community College,  the University of Southern Indiana and the University of Evansville?
IS IT TRUE we are told that First Ward City Council candidate Ben Trockman (D) campaign committee is planning a couple monster fundraisers? ….that Mr. Trockman’s inaugural fundraising event will be held on the evening of Wednesday, Feb 26th at MoJo’s Boneyard bar located on the Eastside? …we are told that this event will be well attended, and the crowd shall be diversified? …Ben’s campaign Chairman predicts that people from all walks of life and age groups will be attending Ben Trockman inaugural fundraiser at the Mojo’s Boneyard?
IS IT TRUE we wonder how much better off that the Memorial Village complex located in the Center City would be if the City would have invested some of the $18 Million dollars they spent in developing the North Main Street area?  …the infrastructure surrounding the Memorial Village complex is well positioned for some future creative economic development spearheaded by the private investors, ERC and the Department of Metropolitan Development?
IS IT TRUE that the Memorial Village complex already houses offices for Memorial Community Development Corporation, a Community Federal Credit Union, the Evansville Black Chamber of Commerce, Family Barbershop, Subway Restaurant, outstanding Child Care facility and offices for job creation and affordable housing? … that the Memorial Village complex has enough land for future well-thought-out commercial development projects? …that the anchor or catalyst for the visionary Center City development is Memorial Baptist Church run by the mega preacher the Rev. Dr. Adrian M. Brooks, Sr.?
IS IT TRUE we wonder why the Vanderburgh County GOP Party Chairman Wayne Parke hasn’t taken the Republican At-Large City Council candidate to task for attending Ben Trockman official campaign filing event at the Civic Center?  …all we can say is “what’s good for the goose is good for the gander”?”
IS IT TRUE that incumbent At-Large City Councilmen Jonathan Weaver is having his 10th Annual Mardi Gras campaign fundraising event on March 5, 2019, at KC’S  Time Lounge, Washinton Square Mall? …we are told that people attending the event are going to have one heck of a time?  …we are also told many political movers and shakers will be attending Mr. Weaver’s political fundraising event?

Todays“Readers Poll” question is: Do you feel that former Vanderburgh Sheriff Eric Williams will do a credible job as a new member of the library board?

Please go to our link of our media partner Channel 44 News located in the upper right-hand corner of the City-County Observer so you can get the up-to-date news, weather, and sports.

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FOOTNOTE:  Any comments posted in this column do not represent the views or opinions of the City-County Observer or our advertisers.

 

 

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