Cheeto is a 4-year-old female black cat. She is very sweet & social. Her adoption fee is $40 and includes her spay, microchip, vaccines, and more. Contact Vanderburgh Humane at (812) 426-2563 or visit www.vhslifesaver.org for adoption details!
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Majority justices reduce drug sentence, order removal from DOC
Olivia Covington for www.theindianalawyer.com
Finding the circumstances of an Orange County case to be “exceptional,†a majority of the Indiana Supreme Court has reduced a woman’s sentence and ordered that she be removed from the Department of Correction and instead placed in community corrections. A dissenting justice would have denied transfer of the case.
Friday’s decision in Lisa Livingston v. State of Indiana, 18S-CR-623, stems from Lisa Livingston’s August 2013 arrest on drug charges. Police received a tip that Livingston was making and dealing meth from her home, and a subsequent search revealed several baggies of meth, one baggie of cocaine and other items used in the production of meth.
After being charged with five drug counts and allegations that she was a habitual substance offender, Livingston posted bond and was released to Bliss House, a substance abuse recovery home where she first took up residence in November 2013. She then began filing a series of 10 motions to continue her trial over the next four years, each of which was granted without state objection.
Livingston remained at Bliss House for one year before moving to a transitional home for two years, eventually becoming the chair of the Bliss House alumni and serving on its committee. She also started a roofing business with her nephew and used her money to open BreakAway Home, a Floyd County home for women recovering from addictions.
Then, after being denied placement in a pre-trial detention program, Livingston voluntarily joined a Floyd County Community Corrections program, where she reported twice a week and successfully passed all of her random drug screens. She eventually pleaded guilty to all of the charges against her without a plea agreement in October 2017 and asked that she be allowed to serve her sentence in community corrections.
An arresting officer testified at the sentencing hearing that he was “impressed†with Livingston’s work at BreakAway, while her community corrections supervisor said she had been “completely compliant†with the program for 381 days. The supervisor also said community corrections was willing to take on Livingston for the duration of her sentence.
The trial court, however, ordered Livingston to serve a 30-year sentence in the Department of Correction, and the Court of Appeals affirmed the sentence in October. But in a per curiam opinion granting transfer, the majority justices found Livingston’s situation to be an “exceptional case†that warranted a downward sentence revision under Indiana Appellate Rule 7(B).
“The trial court’s oral sentencing statement indicates the court thoughtfully considered the mitigating and aggravating circumstances in reaching its sentencing decision,†the court wrote. “Nevertheless, ‘[e]ven where a trial court has not abused its discretion in sentencing, the Indiana Constitution authorizes independent appellate review and revision of a trial court’s sentencing decision.’ … After independent review, we conclude the sentence imposed in this case is inappropriate in light of Livingston’s offenses and character.â€
Noting that Livingston was cooperative with police, pleaded guilty without the benefit of a plea agreement, has committed no new offenses and has “dedicated her time to becoming a productive member of her community,†the majority revised Livingston’s sentence to 23 years, with all remaining time served in community corrections. Though it is “highly unusual†to place a defendant in community corrections for that amount of time, the court said the “unique circumstances†of Livingston’s case warrant such placement.
The remainder of the COA’s decision was summarily affirmed, and the case was remanded for the entry of a revised sentencing order. Justice Geoffrey Slaughter dissented without opinion, believing transfer should not be granted.
EVSC Secretary Receives January Cause for Applause
Harwood Career Preparatory High School Secretary Tracy Haag is the January recipient of the EVSC’s Cause for Applause award. The award seeks to recognize individuals who go above and beyond their normal job responsibilities.
Haag was nominated by a coworker at Harwood who wrote about the amazing things Haag does for students and staff at Harwood.
According to her nominator, an example of Haag’s selflessness occurred this summer when Haag heard that a former student was in need of a bed, mattress and other household items. “Tracy got to work immediately…Within an hour, she had everything the former student needed along with lots of extras. She even managed to pick up and deliver all the items as well,†wrote her nominator. “There isn’t anything Tracy will not do or has not done when someone is in need.â€
Her nominator also writes that Tracy doesn’t miss an opportunity to celebrate everyone and that she always greets everyone with a smile and positive attitude.
“I hope you can begin to see how amazing Tracy is and will give me an opportunity to formally celebrate the incredible work she does,†wrote her nominator.
Anyone can nominate an employee of the EVSC for the award. Deadline for nominations is the third Friday of each month. To nominate an EVSC employee, go to www.evscschools.com and click on About Us and see Cause for Applause under Community. Paper forms are available at the schools for those without access to the Internet.
P25 Public Safety Radio Upgrade
As of January 1st 2019, the EDACS radio system used by Evansville-Vanderburgh County Central Dispatch is no longer in service. The outdated EDACS system has been replaced with the P25 radio system. All local public safety agencies who utilize Central Dispatch services have undergone an upgrade to their mobile and portable radios. Civilian police scanners that monitored the EDACS system will no longer receive local radio traffic.
The P25 system can be monitored by anyone who with a P25 programmable scanner. A P25 scanner can be purchased on various websites and some local retailers. The scanner has to be programmed to receive the local public service agencies if you want to monitor radio traffic.Â
Tickets on Sale for The Really Big Show
Tickets for The Really Big Show, a benefit for The Arc of Evansville, presented by Old National Bank and Toyota Motor Manufacturing, Indiana, go on sale Friday, January 4, 2019. This signature fundraising event is scheduled for 7 p.m. on February 9, 2019 at the Old National Events Plaza. This year’s show will be the seventeenth show produced to support The Arc of Evansville and will be hosted again by 14News Chief Meteorologist, Jeff Lyons, along with Marc Scott.
A ribbon cutting to kick off ticket sales with ambassadors from the Southwest Indiana Chamber, community leaders and cast and crew members is scheduled for Friday, January 4, 2019 at 9:45 a.m. at the Old National Events Plaza located at 715 Locust Street in downtown Evansville. The lineup of acts will also be announced at this time.
Tickets for the show are $20 for adults and $10 for children age 12 and younger. They may be purchased at the Old National Events Plaza box office, at www.ticketmaster.com or by calling 1-800-745-3000.
VIP ticket packages, which include prime seating to the show and admission to the Curtain Call Reception with hors d’oeuvres, beer, wine, desserts, music, and a silent auction following the show, are $100 each and may be purchased by calling The Arc of Evansville at 812-428-4500 ext. 309 or may be purchased online at www.arcofevansville.org
The Really Big Show is a community variety show featuring comedy, music, and dance performed by local residents. The show is written, created, and produced by a nearly all volunteer cast and crew. Net proceeds from the show benefit the areas of greatest need at The Arc of Evansville. The 2018 show raised more than $87,000 to support The Arc of Evansville.
USI Women’s Basketball resumes GLVC play in St. Louis
University of Southern Indiana Women’s Basketball resumes Great Lakes Valley Conference play Thursday at 5:30 p.m. when the Screaming Eagles visit Maryville University in St. Louis, Missouri. The Eagles also visit the University of Missouri-St. Louis Saturday at 1 p.m.
Both games will be aired on 95.7 The Spin as well as the GLVC Sports Network, while live stats, audio and video can be accessed at GoUSIEagles.com.
USI (8-3, 1-0 GLVC) is looking to snap a two-game skid when it takes the court Thursday against the Saints. The Eagles suffered a 74-71 road loss to defending national champion University of Central Missouri December 18 before falling, 86-82, to 2018 national runner-up and 2017 NCAA II champion Ashland University Sunday afternoon.
The Eagles have five players averaging better than 9.0 points per game, with senior center Kacy Eschweiler (St. Charles, Missouri) and senior guard Alex Davidson (Salem, Indiana) pacing USI. Eschweiler is averaging a team-best 13.4 points and 8.0 rebounds per game, while Davidson is chipping in 13.3 points, 5.2 rebounds and a team-high 4.2 assists per game. Sophomore forward Imani Guy (Columbus, Indiana) is contributing 10.1 points and 5.8 rebounds per game, while sophomore guard Emma DeHart (Indianapolis, Indiana) and junior guard Ashley Johnson (Louisville, Kentucky) are averaging 9.5 and 9.2 points per game, respectively.
USI Women’s Basketball Notes
• Another close loss for Eagles. USI Women’s Basketball’s 86-82 setback to No. 8 Ashland marked USI’s third loss of the year and its third loss by four or fewer points. USI lost by one at Northwood to open the year and by three at No. 15 and defending NCAA II champion Central Missouri December 18.
• Playing catchup. After not trailing in a game for nearly 110 minutes of action, the Eagles have found themselves playing catchup in each of their last two games. USI erased an 11-point first-half deficit in its loss to No. 15 Central Missouri before cutting a 16-point fourth-quarter deficit to one in a three-point loss. The Eagles trimmed an 11-point first-half deficit to two in its loss to No. 8 Ashland and trimmed a 13-point third-quarter hole to four late in the game.
• Rare two-game losing streak. USI’s losses to Central Missouri and Ashland mark the first time since the 2015-16 season that the Eagles have suffered consecutive losses in the regular season and just the second time in the last three seasons, post-season included, that USI has lost two straight games.
• Eagles give up 86 points. USI gave up 86 points in its four-point loss to Ashland, marking the most points given up by the Eagles since surrendering 88 points in a five-point loss to Bellarmine January 16, 2017, which coincidently was the last time USI lost a home game. Despite giving up 86 points, USI still held Ashland, the nation’s second-highest scoring team, to eight points under its season-average of 93.9 points per game.
• Eagles home win streak stops at 28. The Eagles home winning streak ended at 28 with its 86-82 loss to No. 8 Ashland. It was USI’s second-longest home winning streak in program history. USI won 33 straight games at the PAC from 1996-98 and 23 straight home games from 2000-02.
• Guy, Johnson notch career highs. Sophomore forward Imani Guy and junior guard Ashley Johnson each had career highs in the loss to Ashland. Guy recorded her first-career double-double with 18 points to go along with a career-high 11 rebounds and four blocks. Johnson finished with 11 points and a career-high seven assists.
• Foul trouble plagues Eagles in loss. Early foul trouble plagued the Eagles in their loss to Central Missouri. USI had three starters with three fouls heading into the intermission, with senior center Kacy Eschweiler being limited to just two minutes of playing time during the first half.
• Brown, Turner come up big in loss. Freshman forward Ashlynn Brown and sophomore center Audrey Turner each posted season highs in the Eagles loss to the Jennies. Turner scored six points, while Brown scored all nine of her points in the final 10 minutes to aid the Eagles in their comeback bid.
• Spreading the wealth. The Eagles have six players averaging at least 7.0 points per game and three players averaging in double-figures. USI also has had six players lead it in scoring this season.
• 20-point efforts. Guy’s career-high 25 points in USI’s win over Michigan Tech marked a season-high for the Eagles and made her the fourth different Eagle to notch a 20-point game this season. USI has had eight different players reach double-figures in the scoring column this year and six different players reach double-figures multiple times.
Lt. Governor Crouch: Public schedule Jan. 3 – 5
Below is Lt. Governor Suzanne Crouch’s public schedule for Jan. 3 – 5, 2019.
Thursday, Jan. 3
What: Crouch attends Statehouse Prayer Service
Host: Public Servants Prayer
When: Thursday, Jan. 3, Noon – 1:00 p.m., ET
Where: Indiana Statehouse, Atrium, 200 W. Washington St., Indianapolis, IN 46204
Saturday, Jan. 5
What: Crouch tours Mesker Park Zoo & Botanical Garden
Host: Mesker Park Zoo
When: Saturday, Jan. 5, 10:00 a.m. – 11:00 a.m., CT
Where: 1545 Mesker Park Dr., Evansville, IN 47720
ADOPT A PET
Joliet is a 2-year-old female cat. She was surrendered November 2nd for being unwanted. She is very sweet & gets along well with other cats. Her adoption fee is only $40 which includes her spay, microchip, vaccines, and more. Get $10 off when you adopt Friday-Saturday 12/13-12/14. Contact Vanderburgh Humane at (812) 426-2563 for adoption details!
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