Vanderburgh County Democratic Party Hosted A Training Event
Danks adds that one of the goals for the party is to build upon the successes of 2018.
Danks adds that one of the goals for the party is to build upon the successes of 2018.
Dave Stafford for www.theindianalawyee.com
A mother whose infidelity led to divorce and what a trial court called a “deep, seemingly bottomless rift between the children and Mother†owes a daughter no support with college expenses because the child repudiated their relationship.
The Indiana Court of Appeals affirmed a ruling of the St. Joseph Superior Court that determined Dawn Marie Messner was not required to provide support for post-secondary educational expenses to her daughter, Riley, who she learned during mediation began attending Azusa Pacific University in California in fall 2017.
Dawn’s then-husband Thomas Messner filed for divorce in September 2014, after the couple separated after Thomas was presented evidence of her infidelity, the record says. At some point that year, he and his children met with Dawn in a restaurant and gave her an ultimatum to end her relationship with her new partner or have no future relationship with her children.
From that point forward, Dawn attempted to communicate with Riley through texts and through other children, and Dawn provided gifts for major holidays and Riley’s birthday. Riley almost never responded, the record says, and after Dawn was denied joint custody in 2016, father later moved for mother to contribute to Riley’s educational expenses.
But at a hearing, Riley said she didn’t desire a relationship with her mother and she believed her mother wasn’t ready, calling her mom’s new relationship “disgusting.â€
Based on this evidence, the trial court held that Riley had repudiated her relationship with her mother and found Dawn therefore was relieved from contributing to Riley’s college expenses.
The COA affirmed Friday in Thomas Virgil Messner v. Dawn Marie Messner, 18A-DR-1110.
“Father argues … that the trial court ‘did not look to whether [Mother] bore some responsibility for the strained relationship between her and not only Riley, but also her other children,’†Judge Patricia Riley wrote for the panel. “… However, Father acknowledges that the trial court found that Mother had not been a model parent and that Riley’s repudiation may be entirely understandable. Father essentially argues that, where both parties share the blame for the deterioration of their relationship, a trial court should not excuse the repudiated parent from contribution towards college expenses.
“On appeal, Father acknowledges that no existing Indiana precedent expressly supports his argument. We decline to accept Father’s proposed addition to the body of repudiation jurisprudence. Father’s argument might have some merit if there was a presumption of parental contribution towards a child’s college expenses; however, no such presumption exists.â€
The panel concluded that the trial court applied the correct legal standard in assessing the evidence, which supported its determination that Riley repudiated her relationship with her mother.
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The University of Evansville swimming and diving squad took to Wyttenbach pool for the final time this season in a dual meet against Saint Louis.
The Aces split the competition, with the women coming back off last night’s loss to Illinois State to win against the Billikens 146-80. Then men came up just short with 114 points to Saint Louis’s 117.
“Today was a lot of fun and a pretty big day for our program,” said head coach Brent Noble. “We were able to honor 14 outstanding athletes, and we really competed on both sides against and team that has been at a high level for a long time. Our win against SLU on the women’s side is big for us, and though the three-point men’s loss is disappointing, competing that close with a good team like SLU is a step forward for us. I am was happy with the way our team competed today, and their special enthusiasm and support for each other was a on full display.”
Before the competition began, the senior class of 2019 was honored. The team celebrated the accomplishments of Matt Duke, Sam Gowdy, Kaylee Gubricky, Madi Jones, Miguel Marcano, Sylvia McFadden, Kristen Myers, Megan Schremp, Amy Smith, Derek Stauder, David Stoddard, Jared Sutphin, and Shaina Weisberg during their time as Aces.
The women started the day on a successful note, taking a definitive victory in the 200 Medley Relay. Gowdy, junior Alaina Sylvester, Myers, and Gubricky together clocked in a 1:48.18.
Gubricky took the first individual win in the 50 freestyle, clocking in a 24.88. Junior Emma Hennessy took 3rd with 25.03. Gubricky kept her winning momentum going in the 100 breaststroke, taking the event in a 1:09.27. Sylvester came runner up with a 1:09.64.
Myers took her own win with a 2:10.45 finish in the 200 IM. She later went on to claim a victory in the 100 butterfly as well, recording a 58.09. Sophomore Kara Steward took 3rd with a 1:00.09.
Jones scored the top spot for the women in the 100 freestyle, her final time a 54.73. Freshman Jessie Steele managed to sneak into 2nd place by .04 seconds with a time of 54.90. Jones also placed 2nd in the 200 freestyle with a 1:47.88; junior Kristy Kupfer placed 3rd with a final time of 1:59.46.
Gowdy came next to claim the 100 backstroke for Evansville with a 59.30 finish. Junior Ashton Adams clocked a 5:17.40 to add the 500 freestyle to the Aces win list as well.
Freshman Ee Tan started off the men’s individual events on an exciting note, sliding into 1st place after a neck-and-neck race in the 1000 freestyle. He clocked a 9:59.87, while junior Samad Abu-Shanab took 3rd with a 10:16.51.
Duke scored points for the Aces with a 21.52 victory in the 50 freestyle, assisted by sophomore Eli James following shortly behind with a 21.89 2nd place finish.
Freshman Oskar Menkhaus won the 500 freestyle in a 4:48.33; Tan took 2nd in a 4:51.26. Sophomore Credence Pattinson took the last individual win for the men with a 51.57 finish in the 100 backstroke.
Junior Brandt Hudson placed 2nd in the 200 freestyle with a 1:44.61. Menkhaus followed in 3rd with a 1:45.27.
The Aces were able to pull off a final win in the 200 Freestyle Relay. Duke, Pattinson, Sutphin, and sophomore Ryan Wood teamed up to clock in a 1:25.38.
Evansville’s diving efforts greatly contributed to the team as both men and women swept the boards. Freshman Fae Keighley scored 244.42 points on 1-Meter for the win, while fellow freshman Maggie Franz and sophomore Natalie Gerard came in 2nd and 3rd with 241.05 and 228.32 points respectively. Franz took the win on 3-Meter, scoring 229.87 points. Keighley took 2nd with 219.67, and Gerard completed the sweep with 201.22 points.
Marcano made a lasting impact with his final 1-Meter performance at Wyttenbach, his winning score of 315.90 breaking the school record set by Andy Balczo nearly a decade ago. He also won the 3-Meter with 300.75 points.
The Aces return to the water next weekend for the final regular season competition at Southern Illinois on Saturday.
Evansville back home for next two games
John Hall posted another stellar game, scoring 21 points, but Northern Iowa hit several late free throws on their way to an 81-74 win over the University of Evansville men’s basketball team on Saturday night inside the McLeod Center.
“UNI hit some difficult shots; they spaced the floor very well and grabbed some big offensive rebounds, that was the difference,†UE assistant coach Todd Lickliter said. “John Hall gave us a big lift tonight, but we just have a really good group of guys. You have to play better on the road because of the environment; we did a great job of competing and played well. We are getting better.â€
John Hall led the Aces (9-12, 3-5 MVC) with 21 points and 10 rebounds while K.J. Riley had 19. Marty Hill finished with 14 tallies while Shamar Givance scored 12. UNI (9-12, 4-4 MVC) was led by Spencer Haldeman’s 24 points. Trae Berhow scored 19.
UNI jumped out to a 5-0 lead before John Hall got the Aces on the board with a triple. The Panthers pushed the lead back to five at 8-3, but a Marty Hill trey and a K.J. Riley bucket knotted the score. UE took its first lead at 13-12 when Dainius Chatkevicius posted his first bucket of the day.
The lead changed hands a total of nine times in the first half. UNI used a 6-0 run to go up by a 29-24 score with 4:40 remaining, but the Aces countered with their best stretch of the game. A 12-2 stretch saw UE take its largest lead of 36-31 at the half. A Chatkevicius field goal and free throw along with a Hill triple put UE in front by a 30-29 score. After a Panther basket put them back in front by a 31-30 tally, the Aces came back with six more points in the final two minutes.
John Hall, who was 3-for-4 from outside in the first half, nailed his third of the half before Riley was fouled on a made basket in the final seconds to push the lead to 36-31. Hall and Riley scored nine points apiece in the opening stanza.
Out of the break, the Aces scored the first five points to push its lead to 10 at 41-31. UNI responded with three makes in a row to cut the UE lead to four. Evansville countered once again when Hall drained another from outside that gave the Aces a 48-39 advantage with 15:40 remaining.
Another run over the next seven minutes saw the Panthers embark on a 17-4 run that gave them a 56-52 lead. UE knotted the game at 58-58 when Hall knocked down his eighth shot of the game, tying his career mark. A technical foul helped UNI go up by a 66-60 margin inside of the 5-minute mark, but Evansville rallied again. Shamar Givance hit a layup before a Riley free throw got Evansville back within a possession at 66-63.
Evansville got even closer on an and-one by Riley with just over two and a half minutes remaining that made it a 70-68 game. UNI responded once again, pushing the lead to a game-high nine points before finishing with the 79-74 win.
UE outshot the Panthers by a 45.8%-45.0% margin. UNI was whistled just 14 times and took 28 free throws while UE was called for 24 fouls in the game.
A 2-game homestand is next up for Evansville with them playing host to Bradley on Wednesday evening in a 6 p.m. game before Valparaiso comes to the Ford Center on Saturday for a 1 p.m. contest.
The Eagles raced out to a 9-0 run after the tip off behind six opening-minute points by junior guard/forward Kobe Caldwell (Bowling Green, Kentucky). USI would match the 9-point lead at 20-11 before Drury rallied with an 11-0 run of its own to lead 22-20 with 7:36 until halftime.
The Panthers would extend their lead to four points, 28-24, before a quick 6-2 dash by the Eagles knotted the game at 30-30 just before the first half buzzer. Drury got the last bucket with 54 ticks on the clock to take a 33-30 lead into the locker room at the intermission.
USI was limited to just five players in the scoring column during the first 20 minutes with senior guard Alex Stein (Evansville, Indiana) in the lead with eight points. The Eagles, as a team, shot 41.4 percent from the field (12-29) in the first half.
The Eagles rallied to start the second 20 minutes and regained the lead, 37-35, when Caldwell hit a jumper to cap off a 5-0 run. After the Panthers scooted back into the lead, 38-37, USI got its final lead of the game, 39-38, when Stein hit a jumper with 16:50 to play.
Drury rebounded with a 17-7 run to take an 11-point lead, 55-44, to put USI on its heels. The Eagles, however, did not quit and used a 9-0 spurt to climb back to within a bucket at 55-53 at 11:15 to play.
The Panthers kept re-extending their margin to five and six points until 52 seconds left when USI sophomore forward Emmanuel Little  (Indianapolis, Indiana) sank a pair of free throws to pull the Eagles to within one point, 73-72. The one-point deficit would be as close as the Eagles would come as the Panther sealed the 76-72 decision with three free throws in the final 11 seconds.
In the scoring column, Stein finished the game with a team-high 18 points, while Little and Caldwell followed with a 15 points each to round out the USI double-figure scorers. Little also posted a game-high 11 rebounds to round out his seventh double-double of the season.
USI hits the road for the next three games, starting with top-ranked Bellarmine University February 2 in Louisville, Kentucky. The Eagles also visit the University of Indianapolis February 7 and Lewis University February 9 on the road trip. Game coverage information for USI Men’s Basketball can be found on GoUSIEagles.com.
Bellarmine saw it record to 18-0, 9-0 GLVC, after defeating Missouri University of Science & Technology, 91-60, today in Louisville, Kentucky.
USI leads the all-time series with Bellarmine, 50-43, but has lost the last six to the Knights and nine of the last 10 (2014-15 to 2018-19). The last USI win over Bellarmine in Knights Hall was in the 2013-14 season, 68-66, in overtime.
The Knights took the first meeting of the year, 92-80, at the PAC in December. Senior Stein led the Eagles with 25 points, followed by sophomore forward Josh Price (Indianapolis, Indiana) with 22 points.
University of Southern Indiana Women’s Basketball committed a season-high 45 turnovers Saturday afternoon as No. 2 Drury University handed the Screaming Eagles a 77-50 Great Lakes Valley Conference setback at the Physical Activities Center.
The Screaming Eagles (14-5, 7-2 GLVC) struggled from the start as the Panthers scored 10 straight points in the first minute-and-a-half to take a 10-0 lead.
Drury (19-0, 9-0 GLVC) led 23-11 at the end of one and 37-18 midway through the second period, but a 9-1 USI run to end the half got the Eagles to within 11 (38-27) heading into the break.
The Panthers used an 8-0 run to begin the third quarter and retake the 19-point advantage; then used a 13-0 fourth quarter surge to eliminate any chance of a USI comeback. They led by as much as 29 points before settling on the 27-point win.
Turnovers
USI’s 45 turnovers were the most by an Eagle team under USI Head Coach Rick Stein. Drury converted those offensive miscues into 48 points.
Missed layups
Missed layups also hurt the Eagles Saturday as USI missed 10 bunnies on the afternoon.
Telling stat
USI took 21 less shots than that of Drury, which went 29-of-65 (.446) from the field. USI was 15-of-44 (.341) from the field.
Statistical leaders
Sophomore forward Imani Guy (Columbus, Indiana) finished with 19 points and eight rebounds to lead the Eagles, while senior forward/center Mikayla Rowan (Brazil, Indiana) added seven points and a game-high 10 rebounds. Junior guard/forward Morgan Sherwood (Charleston, Illinois) chipped in eight points off the bench.
Junior forward Hailey Diestelkamp had 31 points and eight rebounds to lead the Panthers.
Emergency responders from the Perry Township Fire Department launched a water rescue boat and were able to successfully retrieve both individuals from the partially submerged pick-up truck. Once on dry land deputies and emergency medical personnel checked on the pair to see if either person was injured. Both refused any further medical treatment; however, during the assessment it was suspected that both men were under the influence of alcohol. Brandon Baumgart and Seth Elderkin were subsequently arrested for public intoxication. During his arrest Baumgart became physically combative as the deputy attempted to search him so he was additionally charged with resisting a law enforcement officer. Baumgart and Elderkin were transported to the Vanderburgh County Jail where they were booked for misdemeanor charges.
The roadway was clearly marked with signage indicating its closure due to high water. The Sheriff’s Office and the National Highway Traffic Safety Administration encourage drivers to NEVER drive through high water on the roadway, regardless of whether it is standing or moving. Even if you are familiar with the roads, do not drive through high water because you probably will not see the danger. There may be debris, tree branches, downed power lines, or even washed away sections of roadway beneath the water’s surface. In addition to being dangerous, it is illegal for a motorist to disregard an official barricade or signage restricting access to a roadway.
Arrested:Â Brandon Baumgart (imaged above left), 26, of Evansville, IN and Seth Elderkin (imaged above right) 24, of Wadesville, IN.
The above images were captured at the scene this morning.
Presumption of Innocence Notice: The fact that a person has been arrested or charged with a crime is merely an accusation. The defendant is presumed innocent until and unless proven guilty in a court of law.