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ADOPT A PET

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Fuller is a gorgeous brindle male mixed-breed! He was found as a stray near Fulton Avenue (hence the name) and never reclaimed. He is highly stressed in the kennel environment and can really use a family who will see past the energy level, and see the affectionate lap dog inside! His adoption fee is $110 and includes his neuter, microchip, vaccines, and more. Contact Vanderburgh Humane at (812) 426-2563 for adoption details!

 

COA: Stolen gun’s owner shielded from suit in fatal shooting

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Katie Stancombe for www.theindianalawyer.com

The Indiana Court of Appeals denied a mother’s argument of negligence against a gun owner whose stolen handgun caused the death of her son. The appellate court found the gun owner was shielded from liability under Indiana Code section 34-30-20-1.

While parked in a public area, Christopher Lee left his loaded handgun on the seat of his truck, leaving it unlocked and unattended. C.O., a minor, walked by and took the gun from the truck, took it home and showed it to his friend Matthew Kendall. In the process, the handgun discharged, shooting and killing Kendall.

Shelley Nicholson, on behalf of her son, Kendall, sued Lee, alleging that the storage of his handgun in open view inside an unlocked and unattended vehicle was negligent and a proximate cause of Kendall’s death.

Lee filed a motion for judgment on the pleadings, arguing that regardless of how he stored the gun, if it was stolen he was statutorily immune from liability for any resulting harm. The trial court granted the motion before Nicholson had a chance to respond to it, prompting her motion for reconsideration on her timely brief in opposition. The trial court denied.

Nicholson appealed the trial court’s decision, arguing it erred in granting Lee’s motion for judgment and in finding that Indiana Code section 34-30-20-1 barred her claim as a matter of law. Specifically, Nicholson stated she does not claim Lee is liable based on C.O.’s actions, and thus, the statute does not apply.

Instead, she claimed Lee himself to be negligent in leaving the gun unattended and available in a public place, having “failed to satisfy the most basic, non-burdensome step available for safe storage.”

The appellate court cited Estate of Heck ex rel. Heck v. Stoffer, 786 N.E.2d 265, 270 (Ind. 2003), noting that Indiana Code section 34- 30-20-1 was enacted by the Indiana legislature less than one year after Estate of Heck was published, more than likely in direct response.

“When viewed through this lens, it becomes apparent that the General Assembly intended to shield gun owners from liability for failing to safely store and keep guns, when the gun that was unsafely stored is procured by a crime and then later used to commit another crime. And notwithstanding Nicholson’s creative argument, the text of the statute likewise supports this conclusion,” Judge John Baker wrote.

“It cannot seriously be questioned that Lee’s failure to safely store his gun is ‘related to’ C.O.’s later use of that same gun. In other words, the statute immunizes Lee from liability both for the acts of C.O. and for his own failure to properly store the gun,” Baker continued.

The appellate court further denied Nicholson’s additional assertion that negligently storing a handgun such that it is easily accessible by children could be found to be a “transfer” of the gun subject to strict liability.

“In sum, we find that both the plain language of Indiana Code section 34-30-20-1 as well as the fact that it was clearly enacted in response to our Supreme Court’s decision in Estate of Heck support the trial court’s order granting judgment on the pleadings to Lee,” Baker concluded. “As a matter of law, he is immunized from liability in this case, whether the focus is on C.O.’s actions or Lee’s own failure to store his gun safely and properly.”

The case is Shelley Nicholson, as the Mother of Matthew Kendall v. Christopher S. Lee,18A-CT-1949.

Senator Braun’s Statement on President Trump’s Emergency Declaration & Government Spending

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U.S. Senator Mike Braun (R-IN) released the following statement regarding legislation to fund the government and President Trump’s decision to declare a national emergency on our southern border.

 “Government shutdowns need to stop, but I cannot support our dysfunctional system of out-of-control government spending through a broken process: it would never work in the private sector and it certainly doesn’t work in Washington.  This legislation did not sufficiently address the humanitarian and security crisis on our southern border and left President Trump with no other option than to declare a national emergency, which I support.” – Senator Mike Braun

U Of E Swimmers Named Scholar All-America Team

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After a successful regular season in the pool and in the classroom, the University of Evansville women’s swimming and diving team was honored as a scholar all-America team by the College Swimming Coaches Association of America, it was announced in a release by the organization.

To earn the honor, teams were required to post a GPA of 3.0 or higher for the Fall Semester and maintain a roster of 12 or more student-athletes. Evansville’s women’s team earned the honor after holding a team GPA of 3.39 in the fall semester.

“Motivated individuals are attracted to UE. Our student athletes take their sports seriously, but they want it all,” said Aces’ men’s and women’s swimming coach Brent Noble. “Our team wants the most they can get out of the college experience, and that means putting everything possible into every endeavor. That shows in the pool, and it certainly shows in the classroom. We refuse to sell ourselves short in any area, and this accomplishment in the midst of a strong year in competition is evidence.”

For the 18th-straight semester, Evansville collected scholar all-America honors, receiving the recognition in every semester since the award’s beginning. The Aces one of more than 175 women’s NCAA Division I teams to be named scholar all-America.

Aces resilient in loss to Missouri State

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Evansville falls by 68-56 final on Wednesday

 Marty Hill led the University of Evansville men’s basketball team with 15 points, but Missouri State led by 18 at the half and hung on for a 68-56 win over the Purple Aces on Wednesday night inside the Ford Center.

Hill led Evansville (10-16, 4-9 MVC) with his 15 tallies.  He knocked down 7 of his 12 shots. K.J. Riley scored 10 points while Dainius Chatkevicius posted nine.  Riley added five more free throws over six tries in the game while Chatkevicius has at least nine points in each of the last three games.  It is the top streak in his time at UE.

“It was disappointing because we had a great crowd come out to support our guys and we just did not compete in the first half.  Give MSU credit, they came out ready to play,” UE head men’s basketball coach Walter McCarty said. “Our guys came out much better and had more fire in the second half, but we need to do that for the whole game.  Everyone understands that this game honors the team that plays the hardest and plays with toughness.”

Tulio Da Silva was the top scorer in the game, leading Missouri State (14-12, 8-5 MVC) with 17 points.  He also had a team-high seven rebounds. Jarred Dixon and Ryan Kreklow finished with 15 points apiece.

In the opening half, Missouri State shot 73.9% on their way to a 42-24 halftime lead.  The Bears connected on 17 out of 23 attempts and were 7-of-10 from outside. Evansville took an early 4-3 lead before MSU recorded eight in a row to take an 11-4 advantage at the 15:28 mark.  Marty Hill knocked down his first trey of the night to end the run.

Evansville got within a pair at 13-11 on a K.J. Riley jumper before MSU tallied six more in a row to push their lead to eight.  With just under eight minutes left, Shea Feehan knocked down a triples to cut the MSU lead to a pair at 24-22. That is when the Bears kicked it into gear.  Over the remainder of the half, they outscored the Aces by an 18-2 margin to open up the 18-point halftime lead. Evansville was 1-for-1 from the field with four turnovers over the final 7+ minutes of the period.  Marty Hill and K.J. Riley were the top scorers for UE in the opening 20 minutes, registering seven points apiece.

The tenacious Aces bunch regrouped during the break and it showed in early part of the second half.  UE opened on a 12-2 run while the defense held the Bears to 0-for-9 from the floor to begin the half.  Shamar Givance hit from outside before a Noah Frederking floater cut the deficit to just eight points – 44-36 – with 12 minutes on the clock.

Missouri State regained control with a 7-0 run that pushed the advantage back to 15 points.  Evansville never gave up and K.J. Riley helped UE get closer with a pair of free throws that made it a 52-44 game with 6:37 left.  From there, the Bears were able to close out and finish with the 68-56 triumph.

“We just did not play two halves tonight, we played much better in the second half but it took so much energy for us to make up that deficit,” senior Marty Hill said.  “We just have to put two halves together and come out and play hard from the jump.”

Both squads had 26 rebounds on the night.  After shooting 73.9% in the opening stanza, MSU was 5-of-18 (27.8%) in the second half and finished the game at 53.7%.  Evansville shot 40.8% for the game.

On Sunday, UE is back inside the Ford Center with a 3 p.m. game against UNI.

EPD REPORT

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EPD REPORT

GRAB YOUR BOOTS AT THE OWENSBORO SPORTS CENTER THIS WEEK-END

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GRAB YOUR BOOTS AT THE OWENSBORO SPORTS CENTER THIS WEEK-END

Grab your boots and chaps and head down to the Owensboro Sportscenter this weekend for the Bull Bash Rodeo Experience.

The Sportscenter is going to the bull riders and horses this Saturday and Sunday!  Saturday night at 7 p.m. and Sunday at 2 p.m. come and watch live bull riding action!

Event Schedule for Saturday:
Doors Open: 6:00pm
Event Begins: 7:00pm

Event Schedule for Sunday:
Doors Open: 1:00pm
Event Begins: 2:00pm

Ticket Information

VIP (Lower Level – Blue-Chair Backs): $25.00
Seating is assigned and Reserved seating in the Wooden Chair-Backs (Sections JJ-VV).
Adult – General Admission: $17.00
Kids (Ages 3-12) – General Admission: $10.00 on Saturday and $6.00 on Sunday
General Admission seating is first to come, first serve to seat in the Wooden Chair-Backs and Bleacher seating areas.

“READERS FORUM” FEBRUARY 14, 2019

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We hope that today’s “READERS FORUM” 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?

WHAT’S ON YOUR MIND TODAY?

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.