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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.

Austin Dee Goodmon: Conspiracy Dealing in methamphetamine (Level 2 Felony), Possession of methamphetamine (Level 5 Felony)

Brittany Dawn Pitt: Possession of methamphetamine (Level 6 Felony), Attempt Obstruction of justice (Level 6 Felony)

Nathan Charles Gambrel: Theft (Level 6 Felony), Theft (Level 6 Felony)

Seth Wayne Ande: Operating a motor vehicle after forfeiture of license for life (Level 5 Felony)

Jeremy R. Martin: Domestic battery (Level 5 Felony), Interference with the reporting of a crime (Class A misdemeanor)

Katrina Nichole Bennett: Dealing in methamphetamine (Level 2 Felony), Dealing in methamphetamine (Level 2 Felony), Dealing in methamphetamine (Level 2 Felony)

Delbert Anthony Crow: Dealing in methamphetamine (Level 3 Felony), Dealing in methamphetamine (Level 4 Felony)

Antonio Moss Maurice: Battery against a public safety official (Level 6 Felony)

Samuel Eldon Newbold: Dealing in methamphetamine (Level 2 Felony), Conspiracy Dealing in methamphetamine (Level 2 Felony), Possession of methamphetamine (Level 3 Felony), Possession of methamphetamine (Level 3 Felony), Possession of a narcotic drug (Level 5 Felony), Possession of a controlled substance (Level 6 Felony)

Ashley Jean Nurrenbern: Domestic battery on a person less than 14 years old (Level 6 Felony)

Kevin D. Tuck: Strangulation (Level 6 Felony), Domestic battery (Class A misdemeanor)

Terry Lamont McClendon: Attempt Residential entry (Level 6 Felony), Invasion of privacy (Level 6 Felony), Invasion of privacy (Class A misdemeanor)

Jessica Marie Martin: Neglect of a dependent (Level 6 Felony), Possession of methamphetamine (Level 6 Felony), Possession of marijuana (Class A misdemeanor), Possession of paraphernalia (Class A misdemeanor)

Adam Nathaniel Gomez: Child molesting (Level 4 Felony), Child molesting (Level 4 Felony), Child molesting (Level 4 Felony), Child molesting (Level 4 Felony), Child molesting (Level 4 Felony), Child molesting (Level 4 Felony)

James Robert Short: Auto theft (Level 6 Felony), Domestic battery (Level 6 Felony)

James Lavern Palmer Jr.: Possession off a synthetic drug or synthetic drug lookalike substance (Level 6 Felony)

Tia Justine Croce: Theft (Level 6 Felony)

Howard Dudley Phipps: Attempt Obstruction of justice (Level 6 Felony), Resisting law enforcement (Class A misdemeanor)

Terry D. Ealum: Resisting law enforcement (Level 6 Felony)

Marcus Deshawn Peatross: Possession of methamphetamine (Level 6 Felony), Carrying a handgun without a license (Class A misdemeanor), Possession of paraphernalia (Class C misdemeanor)

Jason Jermaine Johnson: Robbery (Level 5 Felony), Theft (Level 6 Felony), False informing (Class B misdemeanor)

John E. Perteet III: Battery resulting in serious bodily injury (Level 5 Felony), Battery resulting in serious bodily injury (Level 5 Felony), Battery resulting in serious bodily injury (Level 5 Felony), Battery by means of a  deadly weapon (Level 5 Felony), Battery by means of a  deadly weapon (Level 5 Felony), Battery by means of a  deadly weapon (Level 5 Felony), Battery by means of a  deadly weapon (Level 5 Felony), Battery by means of a  deadly weapon (Level 5 Felony), Battery by means of a  deadly weapon (Level 5 Felony), Battery by means of a  deadly weapon (Level 5 Felony), Criminal recklessness (Level 6 Felony)

Tre Vincent Kirk: Auto theft (Level 6 Felony), Possession of marijuana (Class B misdemeanor), Operating a motor vehicle without ever receiving a license (Class C misdemeanor)

Aces set for non-conference weekend in Carbondale

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UE to play three games

Another slight schedule change has taken place as the University of Evansville softball team prepares for three non-conference games this weekend in Carbondale, Ill.  UE’s original trip that was set for Chattanooga has been cancelled to the forecast of inclement weather.

The Aces will now play a pair of games on Friday.  Evansville opens the day at 4:30 p.m. against Ohio University before playing Saint Louis at 7 p.m.  No games will take place on Saturday.  UE will wrap up the weekend on Sunday with a 10 a.m. game versus Creighton

Last weekend, the Aces had a stellar 4-game sweep at Southern.  Sophomore Mea Adams batted .556 with five hits in nine at-bats in the weekend series.  Adams began the week 0-3 but finished up the weekend going 5-for-6 in Saturday’s doubleheader.  Adams was 2-3 in game one on Saturday before notching a perfect 3-for-3 effort with two runs and an RBI in the series finale.  Just as impressive was her performance on the basepaths as she was a perfect 5-5 in stolen base attempts.

Senior Emily Lockhart threw two of the best games of her college career, including a no-hitter.  Lockhart had a strong effort in game two on Friday, throwing six innings.  She struck out 10 batters and gave up just one run on three hits in a 5-4 Evansville win.  That momentum carried over to Saturday as she recorded the first no-hitter of her career in an 8-0 UE win.  Lockhart struck out seven batters in the win.  She finished with an 0.82 ERA for the weekend and gave up just three hits while striking out 17 batters.

The second weekend of action for UE junior Katie McLean saw her finish with a .385 batting average and a perfect 3-3 showing in stolen bases.  In a 3-1 series-opening win over Southern, McLean was 2-4 with a run.  While she went 0-3 in game two, she did reach base via a walk.  Batting leadoff in both games on Saturday, McLean opened the day with a 1-3 game posting her second run and walk of the series.  She added a 2-3 game with another run and an RBI as the Aces clinched the series sweep.

Evansville’s first opponent in Carbondale will be Ohio University.  The Bobcats are 6-3 so far and picked up Sunday wins last weekend over Campbell and Charlotte.  Saint Louis will be the second opponent on Friday evening.  The Billikens are 0-5 this season with losses to MVC squads UNI and Drake last weekend in Cedar Falls.  UE completes the weekend on Sunday against former MVC foe Creighton.  The Blue Jays are 4-5 overall, but went 3-1 last weekend, defeating Northwestern State while picking up two wins over Arkansas-Pine Bluff.

Gov. Holcomb to Attend National Governors Association Winter Meeting in D.C.

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Governor Eric J. Holcomb will attend the annual National Governors Association Winter Meeting in Washington D.C., Feb. 22 through 25.

While there, he and other governors will meet with the president and vice president. Gov. Holcomb also will meet with business leaders that hire Hoosiers and representatives from two of Indiana’s largest trading partners – Canada and Japan.

On Monday, Gov. Holcomb will participate in a workforce development panel at the 4th Annual Invest in America Summit hosted by the U.S. Chamber of Commerce. The governor will highlight Indiana’s innovative work and why it makes our state a premier place to do business.

 

AG Curtis Hill attends White House celebration of National African American History Month

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Attorney General Curtis Hill joined President Donald Trump and other leaders on Thursday at a White House reception celebrating National African American History Month.

“The President and Mrs. Trump were gracious hosts,” Attorney General Hill said. “I was grateful to participate in honoring men and women who have worked hard, sacrificed much and endured discrimination in order to provide a better way of life for future generations. Their examples should inspire all of us, whatever our ancestral roots, to conduct our lives with a similar devotion to the greater good.”

In his remarks, President Trump acknowledged “the depth and glory” of African Americans’ impact on U.S. history.

“From the earliest days of this nation, African American leaders, pioneers and visionaries have uplifted and inspired our country in art, in science, literature, law, film, politics, business and every arena of national life,” he said. “Today, we thank God for all of the blessings the African American community continues to give our nation, and we pledge our resolve to expand opportunity for Americans of every race, religion, color and creed.”

USI Softball rolls past Ferris State, Ohio Dominican

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Junior outfielder Allison Schubert (Nicholasville, Kentucky) was 4-of-6 at the plate with a double and three RBIs to lead the Eagles, offensively, while junior pitcher Jennifer Leonhardt (Louisville, Kentucky) went 4-of-7 with two runs scored and an RBI. Senior second baseman Claire Johnson (Pittsboro, Indiana) aided the Eagles’ efforts at the plate with a 5-of-8 effort that included three RBIs and three runs scored, while junior shortstop Taylor Ricketts (Georgetown, Kentucky) went 3-of-6 with a double and three RBIs.

USI (4-4), which had a combined 21 hits on the day, returns to action Saturday at noon (CST) when it takes on Northwood University at Grand Park. The Eagles close the weekend Saturday at 2 p.m. when they play Tiffin University.

USI 9, Ferris State (2-3) 7
The Eagles rode a seven-run first inning to a 9-7 win in their opener. Leonhardt, Schubert and senior catcher Lindsey Barr(Owensboro, Kentucky) each had RBIs for the Eagles in the first inning, while a two-run single by Johnson capped off an inning in which USI plated six unearned tallies.

Ferris State scored runs in the second, third, fourth and sixth innings to chip away at the Eagles’ advantage, but USI scored in the last half of the second inning as well as the sixth frame to take a 9-4 lead into the seventh.

The Bulldogs made one last surge in the final inning, cutting the Eagles lead to two with a three-spot in the seventh, but that was as close as they would get as USI held on for the victory.

Senior outfielder/pitcher Caitlyn Bradley (Forest, Indiana) earned the win in the circle after giving up four runs, three earned, off eight hits in six innings of work. She improves to 1-0 with the decision.

USI 10, Ohio Dominican (2-7) 0
Schubert had a two-run single to put the Eagles up 2-0 in the top of the first inning, while an RBI-single by Ricketts in the third put USI up 3-0.

The Eagles scored four times in the fifth as Ricketts drove in a run with a double, while freshman catcher Courtney Schoolcraft (Crest Hill, Illinois) had a two-run single. Johnson capped the fifth-inning scoring off with an RBI-single.

USI capitalized on a pair of errors in the sixth inning to scored three more runs as Bradley had an RBI-double to put USI up 8-0 and Ricketts had an RBI-single to give USI a nine-run cushion. Bradley scored the final run on an error.

Leonhardt (3-1) dominated Ohio Dominican batters, racking up nine strikeouts and allowing just two hits to pick up the complete-game victory.

Eagles roll by the Panthers, 15-3

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Indiana Qualifies 21 for Friday Night Finals at Big Ten Championships

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The No. 17-ranked Indiana University women’s swimming and diving team continued to perform well on Friday morning at the 2019 Big Ten Women’s Championships at the Counsilman Billingsley Aquatic Center in Bloomington, Ind.

IU qualified for 21 swims and dives in Friday night’s finals, two more than the team recorded in the same session last season. Indiana will have 11 Championship Finalists, four B Finalists and six C Finalists.Entering Friday night, the Hoosiers lead the team standings with a score of 497 points. Michigan sits in second with 436.5 points, while Ohio State is in third with a total of 434 points.

100 Butterfly

Both Hoosier swimmers from Friday’s prelims qualified for the evening Championship Final in the 100 butterfly. Christine Jensen will be the No. 2 seed after touching the wall with a time of 51.82, while Shelby Koontz will be the No. 8 seed after posting a mark of 52.69.

400 IM

Indiana will return all five of the team’s prelim swimmers for the finals of the 400 IM, including three in Championship Final. Senior Bailey Andison will be the No. 2 seed after touching the wall with a time of 4:07.90. Mackenzie Looze (4:09.11) and Josie Grote (4:11.47) also earned spots in the A Final.

Swimming in the B Final for the Hoosiers will be Christin Rockway (4:11.72) and Bailey Kovac (4:14.33).

200 Freestyle

Freshman Morgan Scott continued her fantastic meet, qualifying for the Championship Final of the 200 freestyle with a personal-best time of 1:45.59. Scott dropped over five seconds from her previous PR to earn the No. 6 seed.

Maria Paula Heitmann (1:47.07) will swim in the B Final for IU, while both Laurel Eiber (1:47.94) and Cassy Jernberg (1:48.31) will compete in the C Final.

100 Breaststroke

Indiana will return all six swimmers in the 100 breaststroke for evening finals, led by three-time defending champion Lilly King, who earned the top seed in the Championship Final with a time of 57.49. King will be joined in the A Final by both Noelle Peplowski (59.90) and Laura Morley (1:00.22).

Abby Kirkpatrick will swim in the B Final after posting a time of 1:00.72, while Mackenzie Atencio (1:01.35) and Hope Hayward earned spots in the C Final. Hayward won a swim-off for the final spot, recording a time of 1:00.97.

100 Backstroke

Minutes after qualifying for the Championship Final of the 200 freestyle, freshman Morgan Scott was back in the pool, posting a career-best time of 51.97 to qualify third overall for the Championship Final of the 100 backstroke.

Also for Indiana, Grace Haskett will swim in the C Final after touching the wall in a time of 53.88.

3-Meter Dive

After winning the 1-meter Big Ten title on Thursday night, Jessica Parratto earned the No. 2 seed for the 3-meter Championship Final on Friday. Parratto totaled a score of 378.85, just 4.10 points off her career-best.

Also scoring points for IU in the event was Taylor Carter, who placed 20th overall with a score of 283.00.

The 2019 Big Ten Women’s Championships continue on Friday with the third night of finals. The action gets underway at 6:30 p.m. ET with the finals of the 100 butterfly, 400 IM, 200 freestyle, 100 breaststroke, 100 backstroke, 3-meter dive and 200 freestyle relay.

For all the latest on Indiana University women’s swimming and diving, be sure to follow the team on social media - Twitter, Facebook and Instagram.

100 Butterfly

Christine Jensen – 51.82 (Championship Final – NCAA B Cut)

Shelby Koontz – 52.69 (Championship Final – NCAA B Cut)

400 IM

Bailey Andison – 4:07.90 (Championship Final – NCAA B Cut)

Mackenzie Looze – 4:09.11 (Championship Final – NCAA B Cut, Personal Best)

Josie Grote – 4:11.47 (Championship Final – NCAA B Cut, Personal Best)

Christin Rockway – 4:11.72 (B Final – NCAA B Cut, Personal Best)

Bailey Kovac – 4:14.33 (B Final – NCAA B Cut, Personal Best)

200 Freestyle

Morgan Scott – 1:45.59 (Championship Final – NCAA B Cut, Personal Best)

Maria Paula Heitmann – 1:47.07 (B Final – NCAA B Cut)

Laurel Eiber – 1:47.94 (C Final – Personal Best)

Cassy Jernberg – 1:48.31 (C Final – Personal Best)

  1. Maggie Wallace – 1:50.48
  2. Ashleigh Lechner – 1:52.84 (Personal Best)
  3. Anne Rouleau – 1:53.40

100 Breaststroke

Lilly King – 57. 49 (Championship Final – NCAA A Cut)

Noelle Peplowski – 59.90 (Championship Final – NCAA B Cut)

Laura Morley – 1:00.22 (Championship Final – NCAA B Cut, Personal Best)

Abby Kirkpatrick – 1:00.72 (B Final – NCAA B Cut, Personal Best)

Mackenzie Atencio – 1:01.35 (C Final – NCAA B Cut, Personal Best)

Hope Hayward – 1:01.99 (C Final; Swim-off 1:00.97, Personal Best, NCAA B Cut)

100 Backstroke

Morgan Scott – 51.97 (Championship Final – NCAA B Cut, Personal Best)

Grace Haskett – 53.88 (C Final – NCAA B Cut)

  1. Lauren Miller – 56.46

3-Meter Dive

Jessica Parratto – 378.85 (Championship Final – NCAA Zones Qualifying Score)

  1. Taylor Carter – 283.00 (C Final – NCAA Zones Qualifying Score)
  2. Alyssa Wang – 261.50
  3. Kayla Luarde – 238.80 (Personal Best)
  4. Kallie Higgins – 219.95

Reversal: No heirs needed for estate to pursue survivor damages

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Kti Stancombe for www.theindianalawyer.com

The personal estate of a woman whose husband died intestate without heirs and while litigating a wrongful death suit could be able to claim survivor damages after the Indiana Supreme Court granted transfer to the estate’s case and overturned two lower courts.

David Shaner filed a wrongful death suit following the death of his wife, Laura, against Dr. Albert Milford, St. Margaret Mercy Healthcare Centers, Inc., and TRC-Indiana, LLC, alleging the providers had been negligent in Laura’s care and caused her death. His claim for survivor damages under the wrongful death statute included the loss of Laura’s earnings, wages and benefits, the loss of the reasonable value of her services, and the loss of love, affection, companionship, society and support and protection.

However, David died intestate and without heirs while the suit was pending, and the Indiana Court of Appeals upheld a ruling finding that the estate’s personal representative could not claim survivor damages. The health care providers argued Laura’s estate should be limited to the final-expense damages outlined in the wrongful death statute, while her estate countered that it should be able to pursue David’s survivor damages under the Supreme Court decision in Bemenderfer v. Williams, 754 N.E.2d 212 (Ind. 2001). The COA disagreed with the latter argument.

But Indiana Supreme Court justices reversed the Court of Appeals’ ruling Thursday, finding David’s claim for survivor damages did not abate upon his death and was not dependent on the existence of an heir. But while noting that neither the relevant statues – specifically, the wrongful death and survival statutes – nor Bemenderfer required an heir for such a claim to survive the death of a party, the high court was also unconvinced the proper party was before the court to continue David’s damages claim. Thus, the justices remanded James T. Horejs, James Harris, and Robert Horejs, as Co-Administrators of the Estate of Laura A. Shaner, Deceased v. Albert Milford, D.O., et al.,19S-CT-97.

First, the high court found that the relevant statutes did not preclude an action for survivor damages and that Bemenderfer did not change that result.

“While it is true there was an immediately identifiable heir in Bemenderfer, there is no language in that opinion that would suggest our Court read a requirement of a surviving heir into the otherwise facially clear wrongful death and survival statutes,” Justice Steven David wrote for the panel, declining to make an exception to the central holding of Bemenderfer.

“…After all, a wrongful death action is ‘entirely a creature of statute,’” David continued, quoting Durham ex rel. Estate of Wade v. U-Haul, 745 N.E.2d 755, 758 (Ind. 2001). “Because the plain language of the wrongful death and survival statutes require that a properly-accrued claim does not abate, we hold that David’s claim for survivor damages could have survived regardless of the existence of an heir.”

The high court further noted that it was still unsure as to whether Laura’s estate was the right party to make the wrongful death claim.

“We note that the key difference between Bemenderfer and today’s decision is that the daughter in Bemenderfer was appointed as a personal representative of the husband’s estate and the wife’s estate,” David wrote. “This position allowed her to continue the husband’s claim for survivor damages on behalf of the husband’s estate after his death. Here, only Laura’s estate is before our Court.”

Thus, the high court remanded for the trial court to consider whether a proper party exists to continue the claim that David’s estate would be eligible to be reopened.

Box Turtles

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Have you ever wondered why box turtles are called box turtles?  They have a special adaptation that lets them close up their shell like a box.  When box turtles feel threatened, they cannot run away effectively.  Their large shell is heavy and their legs are short.  Instead, they retreat inside their shell, tucking in their head, tail, and legs.  Their plastron (bottom shell) has a hinge so they can shut the doors against their predator.  Even the infamously dexterous paws of raccoons can’t penetrate this defense!  They patiently wait inside their shell until the predator gives up.

This wild box turtle opens his plastron a bit so he can check his surroundings.

UE Professor of History Daniel Byrne to speak at March Andiron Lecture

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University of Evansville associate professor of history Daniel Byrne will be the speaker for the Andiron Lecture on Wednesday, March 6, in Eykamp Hall, Room 252, Ridgway University Center on UE’s campus. The lecture starts at 4:00 p.m. This event is free and open to the public.

Byrne’s topic will be “Cautiously Confronting Colonialism: The United States and Decolonizing Africa, 1962-1990.”

Byrne focuses his teaching on United States history since the American Civil War, with a focus on the United States in the world. Additionally, he teaches a seminar on African decolonization, which combines his research in United States foreign policy with the nationalist perspectives on the end of European empires in Africa. His original research focused on the United States response to the Algerian war of independence and has expanded to cover the decolonization of French West Africa.

With the conclusion of the Algerian war of independence and the decolonization of much of British and French Africa, the United States sought to reshape its response to the remainder of decolonizing Africa and to confront the white-ruled states of Rhodesia, Namibia, and South Africa. As the American Civil Rights movement scored significant victories at home, it began to place increased pressures on US policy abroad. However, Cold War considerations limited America’s willingness to directly confront colonialism or to support nationalist independence movements. Consequently, the United States became slowly drawn into conflicts that placed its foreign policy at odds with its publicly declared support for democracy, self-determination

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