Fresh off earning All-America honors on the cross country course, University of Southern Indiana freshman Titus Winders(Mansfield, Tennessee) got an early jump on the 2018-19 indoor track & field season in an impromptu appearance at the Indiana University Hoosier Open this past Friday night in Bloomington, Indiana.
Winders competed in the 5,000 meters, where he finished fifth out of eight runners with a strong NCAA II provisional qualifying time of 14 minutes, 6.83 seconds. His time was less than two seconds off the automatic qualifying standard of 14:05.18 and currently ranks fourth in the nation.
Just a week ago, Winders posted a 30th-place finish at the NCAA II Cross Country Championships, a placement that earned him All-America honors in his first year of collegiate competition. He was the NCAA II Midwest Region Runner of the Year after winning regionals and was the Great Lakes Valley Conference Freshman of the Year after finishing second to teammate and defending GLVC champion Austin Nolan at the league meet.
USI, which began the indoor track & field season December 1 at the Vanderbilt Opener, resumes action January 11-12 at the Jim Green Invitational in Lexington, Kentucky.
Winders Posts Provisional Mark In 5,000 Meters
Convicted forger, ID thief loses appeal of suit against victims
Katie Stancombe for www.theidianalawyer.com
The Indiana Court of Appeals affirmed the grant of summary judgment to several relatives and the landlord of man convicted of stealing and frequently using his parents’ financial accounts and personal items to fund his gambling. The COA found the relatives were entitled to judgment as a matter of law.
After obtaining access to his parents’ personal financial records, Chris Harkins subsequently forged and cashed checks on his parents’ accounts, fraudulently added himself as an authorized user on their existing credit accounts, rerouted their credit card statements to his apartment and made more than $37,000 in unauthorized charges on their credit cards. Harkins also stole and pawned multiples pieces of his parents’ jewelry and sold items he fraudulently purchased to get gambling money.
Harkins was convicted of five counts of Class C felony forgery; two counts of Class D felony identity deception; two counts of Class D felony credit card fraud; Class A misdemeanor deception and of being a habitual offender. He was sentenced to 22 years in the Indiana Department of Correction.
In October 2015, Harkins filed a pro se damages suit against his sister, landlord, cousin and aunt, who entered his apartment with his ex-wife’s permission and key to reclaim personal items Harkins allegedly had stolen from his parents.
Among other things, Harkins contended that his sister, Shannon Westmeyer, enlisted the assistance of his landlord, Jon Niklas, to enter Harkins’ apartment, and then recruited cousin Angie Harkins and aunt Janet Harkins in the removal and transport of his personal property. Harkins also contended that his relatives “maliciously and intentionally deprived†him of his property without communicating the disposition of the items.
Westmeyer, Niklas, Angie and Janet all separately filed motions and were granted summary judgment against Harkins. On appeal, Harkins argued that the trial court erred in granting them summary judgment.
The appellate court found that no genuine issues of material fact existed as to Harkins’ claims of conversion and infliction of emotional distress against Westmeyer, Angie and Janet. It also found that there were no genuine issues of material fact regarding Harkins’ claims that Niklas acted with deliberate indifference and culpable negligence in facilitating the entry of Westmeyer, Angie and Janet into Harkin’s apartment.
“We conclude that the trial court did not err in finding that Westmeyer, Angie, Janet, and Niklas were entitled to judgment as a matter of law and in granting summary judgment in their favor,†Judge Elizabeth Tavitas wrote for the court in Chris E. Harkins v. Shannon Westmeyer, Jon Niklas, Angie Harkins, and Janet Harkins, 15A01-1703-CT-530.
Harkins additionally argued that the trial court erred in failing to apply the prison mailbox rule and by striking his response materials as untimely filed. But the appellate court found that that the automatic three-day extension pursuant to Rule 6(E) did not apply to extend his deadline from September 1, 2016, to Sept. 6, 2016, in response to Westmeyer’s motion for summary judgment.
IS IT TRUE DECEMBER 11, 2018
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?
IS IT TRUE that the customers of the Evansville Water and Sewer Utility are about to realize the cost of a half century of neglect as the build out of projects to bring the City of Evansville into compliance with the EPA mandate to cease the practice of dumping raw sewage into the Ohio River are resulting in price increases to cover the debt used to improve the sewers?…over the course of the next two or three years the average water bill for modest usage of 5,000 gallons per month will be increasing by a whopping 37% to $44.53 per month?…that during the same time period the sewer bill will be increasing by a budget busting 21% to an average of $70.07 per month?…this means that in a matter of between 13 and 25 months the average customer of the negligent Evansville Water and Sewer Utility will be shelling out $114.60 per month for these basic services?…the required projects are really just getting started and annual increases in the double digits are expected to continue over the next 20 years as the half decade of negligence is methodically corrected?
IS IT TRUE are told that prospective residents, current customers, and prospective businesses will need to think twice about whether or not Evansville can still be a place they can afford to be?…with the anticipated increases we can expect an average sewer and water bill to increase to $230 per month by 2027, $460 per month by 2034, and $920 per month as we cross the 2040 threshold?…that for $920 one can make a house payment on a $200,000 mortgage?…that as the water and sewer bills continue to escalate Evansville remains in the grip of a legislated monopoly that the IURC (Indiana Utilitites Regulatory Commission) has authorized to charge us the highest electricity rates in Indiana by a massive amount and the highest electricity to average per capita income ratio in the United States?…the day is coming in River City where the water, sewer, electricity, and gas bills combined will exceed the principle, interest, and insurance charge for a middle class mortgage?…from a cash flow perspective these excessive utility prices will most likely devalue real estate by many thousands of dollars per meter?
IS IT TRUE that it has been reported that the deal for Vectren to be bought out will result in substantially all of the executive management team heading to the unemployment line?…it pays well to be a high-level employee at Vectren as the first round of casualties will be heading to the unemployment line with a golden handshake that equals TWO YEARS OF SALARY?…in the most extreme case this may amount to over $6 Million for one person and well into 6 figures for several others?…some well-known locals will keep their jobs in SW Indiana in roles that range from Senior VP to market President?…all of these massive severance payments which will amount to tens of millions of dollars essentially are coming out of the pockets of the already overburdened ratepayers of SW Indiana?…blue collar Evansville is most certainly paying the bills of the coastal enclaves of elitism?
IS IT TRUE we encourage you to take a drive down to the Weast Franklin Street area and then go to the recently renovated $18 million dollars North Main Street corridor and you shall see what business owners can do to promote their areas? …that the West Franklin Street shopping area business owners have done a good job in creating a “Norman Rockwell” Christmas atmosphere without any public subsidies? …when you go to the public subsidized North Main Street corridor you will discover that there no Christmas atmosphere from the Lloyd Expressway to the entrance of Garvin Park? …ever since “JACOBSVILLE JOIN-IN” group abruptly shut down without informing members of the City Council, Jacobsville Neighborhood Association or citizens of Jacobsville the marketing efforts of that area are in a dormant stage?
IS IT TRUE we hope that the Vanderburgh County Prosecutor, Nick Hermann will bid out the lucrative “Drug Tracking Testing” contract starting in 2019?
IS IT TRUE for many years we haven’t received the agendas and/or the official minutes of the meetings of the Evansville Vanderburgh School Corporation (EVSC)? ….that the City-County Observer plans to file a formal complaint with the Indiana Public Access Officer against the Evansville Vanderburgh School Corporation (EVSC) for not sending us their agendas and/or official minutes of the meetings of the Evansville Vanderburgh School Corporation (EVSC) for several years? …it’s time that our readers know what’s what kind of decisions are being made by members of the school board?
Todays“Readers Poll†question is: How do you rank the Evansville City Councils job performance in 2018?
If you would like to advertise on the CCO please contact us at City-County Observer@live.com
Footnote: City-County Observer Comment Policy. Be kind to people. No personal attacks or harassment will not be tolerated and shall be removed from our site.
We understand that sometimes people don’t always agree and discussions may become a little heated. The use of offensive language, insults against commenters will not be tolerated and will be removed from our site.
Any comments posted in this column do not represent the views or opinions of the City-County Observer or our advertisers.
Water Rate Increase to Help with Costs of Pipelines
A water rate increase will be affecting some people in the Tri-State area. Officials say the water rate increase is necessary to fix the old lines. Bills will go up nearly 19 percent in January.
The money will go toward Evansville’s first ever waterline replacement project. Evansville Water and Sewer Utility officials say this time of the year keeps crews the busiest.
The cold temps can be too much for the 90-year-old water lines to handle. Since these lines run about 600 miles it’s going to take about 40 years to replace them.
The replacement cost for these old pipelines will be more than $100 million. Water rates will continue to increase through 2021 to help pay for this project.
Comments
Divided COA: Pat-Down Search Did Not Violate Rights
The Indiana Court of Appeals affirmed a man’s conviction and sentence for dealing in a narcotic drug after it concluded his Fourth Amendments rights were not violated, nor was his sentence inappropriate.
In January 2017, Lawrenceburg police responded to an overdose at an apartment where they found three individuals inside, including Sebastian Durstock. After searching a backpack in the apartment containing a loaded handgun, digital scales, men’s clothing, and men’s deodorant, officers conducted a pat-down search of Durstock.
Upon finding a syringe in one of his pockets, officers arrested Durstock for possession of a hypodermic syringe. They subsequently found bullets, $331 in cash, rolling papers, and a plastic bag containing 6.06 grams of fentanyl on his person.
A trial court ultimately convicted Durstock of Level 2 felony possession of a narcotic drug and sentenced him to 17½ years in prison.
On appeal, Durstock argued that the pat-down search was improper because the officers had no reasonable suspicion that he was armed and dangerous. He also argued that the search was illegal and the evidence obtained from it should have been suppressed.
The appellate court found that under the circumstances, and in accord with Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868 (1968), any reasonably prudent person would be warranted in the belief that his safety was potentially in danger. The panel thus concluded the pat-down search did not violate Durstock’s Fourth Amendment rights.
Durstock also asserted that even if the pat down was proper, the removal of the syringe from his pocket was not because the tubular object in his pocket was not immediately identifiable as contraband. Again, the appellate court found that the discovery of fentanyl and cash in Durstock’s pocket did not violate his Fourth Amendment.
The court also found that there was sufficient evidence to support Durstock’s conviction based on his possession of digital scales, a handgun, and $331 in cash, finding that he intended to deliver and deal the fentanyl.
Lastly, Durstock argued his sentence was inappropriate because of his minimal criminal history, struggles with addiction and the support of his family. He also asserted that the fentanyl belonged to someone else.
“Given the significant amount of fentanyl that Durstock possessed, his possession of the handgun, his substance abuse, and the trial court’s statements on Durstock’s dishonesty and lack of remorse, we cannot say that the advisory sentence, which the trial court imposed here, was inappropriate,†Judge Elizabeth Tavitas wrote for the court.
The case is Sebastian Durstock v. State of Indiana, 15A01-1711-CR-2718.
Thinking about Having a Baby in the New Year? Schedule a Pre-Conception Checkup
Many women have questions before having their first child, which is why scheduling a pre-conception appointment with your obstetrician is so helpful.
A pre-conception checkup is a medical checkup you get before pregnancy to help make sure you’re healthy when you get pregnant. According to the March of Dimes, a pre-conception checkup is important even if you’ve already had a baby and below are a few topics that should be discussed with your physician during your appointment:
- Review of your gynecologic and obstetric history.  If you experienced problems in earlier pregnancies, such as preterm birth or gestational diabetes, you may have an increased risk of the same complications in subsequent pregnancies.
- Review medications that you’re currently taking.  You should use the fewest and safest medications at the lowest possible dosages during this time.
- Review of your family history. Genetic conditions could complicate a pregnancy, so your obstetrician may refer you and your partner to a genetic counselor for further testing and consultation.
- Screen for mental health issues. Depression and anxiety, for example, can be affected by the hormonal changes that occur during pregnancy. As with any medication, those used to treat these conditions may affect your fetus, so a treatment plan should be established in coordination with your mental health care provider.
- Evaluate vaccine history. Some immunizations are unsafe to receive during pregnancy, so all women of reproductive age should be reviewed annually to confirm they are protected against tetanus-diphtheria toxoid/diphtheria-tetanus-pertussis; measles, mumps, and rubella; and varicella.
- Discuss diet and exercise and the importance of a healthy body mass index.  If you are over or underweight, now is the time to ensure you are eating a well-balanced diet and drinking plenty of water.
- Advise on safety measures. This includes taking multivitamins with folic acid to prevent neural tube defects, as well as calcium, protein, and iron, and behavioral changes such as avoiding alcohol, smoking, and drugs.
- Assess environmental exposures.  You may be facing environmental exposures at home and in the workplace. Certain substances can be harmful to pregnant women, such as radiation, heavy metals, solvents, and pesticides. 
To speak with a St. Vincent Evansville physician or nurse about the importance of pre-conception checkups, please contact me at 812-485-4897.
ADOPT A PET
Cooper is a super handsome pittie! (American Staffordshire Terrier mix.) He was transferred to VHS from Evansville Animal Care & Control. He has done well with some dogs while at VHS. He weighs 60 lbs. His $110 adoption fee includes his neuter, microchip, vaccines, and more. Contact Vanderburgh Humane at (812) 426-2563 for adoption details!
Shea Feehan named MVC Newcomer of the Week
Feehan averaged 25 points per game
ST. LOUIS – University of Evansville graduate transfer Shea Feehan has been named the Missouri Valley Conference Newcomer of the Week in an announcement by the league today.
Feehan averaged 25 points per game while adding four rebounds per contest for the Purple Aces in the last week of action as he reset his Evansville scoring mark in each game. In Tuesday’s game at Arkansas State, Feehan was 6-of-13 from the field while going 4/10 from outside to finish with 21 points.
On Sunday, he erupted for a career-high 29 points in a huge win over Ball State. Trailing by as many as 17 points in the first half, Feehan helped his team embark on a 44-11 run to lead the Aces to an 89-77 win. He hit four more 3-pointers while going 13-of-14 from the line. He was a 90% shooter from the line (18-of-20) and played 36 minutes per game.
“Shea did a great job. Before Sunday’s game, I met with him and asked how we could get him off to better starts,†UE head coach Walter McCarty said. “I asked him what I could do or if there were some plays that he wanted to run. We had a great discussion and it really translated into the game.â€
Feehan and the Aces return home on Saturday to face off against Jacksonville State in a 1 p.m. game.
HOT JOBS IN EVANSVILLE
|
