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ANOTHER SERIOUS VIOLENT FELON RELEASED
DUE TO THE INCOMPETENCE OF NICK HERMANN’S OFFICE
PRESS RELEASEÂ BY STAN LEVCO FOR COUNTY PROSECUTOR
Yesterday, the Indiana Court of Appeals reversed Jimmy Joe Small’s conviction for unlawful possession of a Firearm by a Serious Violent Felon, a Level 4 Felony, and ordered Small released from custody because the Vanderburgh County Prosecutor’s Office “failed in its duty to closely monitor the progress of a speedy trial case.â€
On August 17, 2017, the police arrested Jimmy Joe Small at a local motel. Inside the room, the police seized methamphetamine, drug paraphernalia and a .45 caliber pistol that was lying on the bedside table. Small, who had previously been convicted of Dealing in Methamphetamine, was prohibited from possessing any gun.
Small was charged with Count 1: Possession of a Firearm by a Serious Violent Felon, a Level 5 Felony; Count 2: Possession of Methamphetamine, a Level 5 Felony; Count 3: Unlawful Possession of a Syringe, a Level 6 Felony; Count 4: Possession of Methamphetamine, a Level 6 Felony; and Count 5: Maintaining a Common Nuisance, a Level 6 Felony. Small appeared in the Vanderburgh County Circuit Court on October 4, 2017, and demanded a “speedy trial†which meant that the Nick Hermann was required to bring this case to trial within seventy days. The Jury Trial was set to begin on December 13, 2017.
During the initial investigation, the police swabbed the handgun for possible DNA. NickHermann’s Office later obtained permission from the Court to take a sample of Small’s DNA for comparison testing purposes. Despite having permission, Nick Hermann’s Office did nothing to gather Small’s DNA until the week before the trial was set to start. On December 7, 2017, just six (6) days before trial, the Prosecutor’s Office continued the Trial over Small’s objection.
Small’s “speedy trial†began on February 12, 2018. Nick Hermann’s Office dismissed all of the drug charges on the morning of trial. The next day, the Jury announced that they had found Small guilty of the gun charge. The Court sentenced Small on March 12, 2018, to serve ten (10) years in prison.
On October 2, 2018, the Indiana Court of Appeals issued an opinion reversing Small’sconviction because of Nick Hermann’s incompetence. The Court of Appeals ruled that the Prosecutor’s Office failed to make a “reasonable effort†in obtaining Small’s DNA for testing purposes and then stated, “On the facts presented here, therefore, we believe the State’s actions suggest inattentiveness, rather than prudence, and we conclude the State failed in its duty to closely monitor the progress of a speedy trial case.â€
Small can never be retried for possessing a firearm as a serious violent felon and he will not serve another day of his original ten (10) year sentence due to the bungling of this case by Nick Hermann and his Office.
For additional information or questions, please contact Stan Levco at 812-499-5613
The University of Southern Indiana’s Outreach and Engagement released the fall 2018 series of Lifelong Learning noncredit courses. Over 100 courses are now open to the community for registration.
“We are excited to continue to add to our diversified course offerings as we strive to meet the communities’ needs for personal and professional growth,†said Dawn Stoneking, director of Lifelong Learning.
Courses offered each semester include a wide variety of topics to learn and improve life skills. Whether it’s Professional Development or Fitness and Recreation, Lifelong Learning has something for everyone.
These newly developed courses join a collection of popular courses. More information can be found for each course at its respective link:
Lifelong Learning courses are open to anyone in the community regardless of educational background. The broad range of courses arepresented in a noncompetitive atmosphere, where interest in learning and personal growth is the primary focus. USI alumni receive a 10 percent discount on most courses.
Registration is available online or by calling USI Outreach and Engagement at 812-464-1989. A complete listing of current courses is available at USI.edu/LifelongLearning.
Thursday, Oct. 4, 5:00-6:00 p.m.
East Terrace Lawn, next to Ridgway University Center at UE
Participants will be playing with puppies at Animals Alleviating Anxiety on Thurs,, October 4, 5:00-6:00 p.m., on the East Terrace Lawn next to Ridgway University Center at UE. (Rain location – Eykamp Hall, Ridgway University Center.
The event, sponsored by K9 Angels, is intended to increase awareness of mental health while offering free management skills like animal therapy to UE community. Hosted by UE’s Change Lab course mental health awareness team.
Making learning fun and engaging is paramount in the EVSC which is why the district is hosting an Options Fair for area eighth graders and their families to learn more about the innovative options available in the EVSC. The EVSC Options Fair is scheduled for Wednesday, October 10, from 5:30 to 7:30 p.m. at the Southern Indiana Career and Technical Center, 1901 Lynch Road.
Enrollment for high school begins in November and the fair will give students and families a better understanding of the options that are available to them in which they can enroll. Informational booths will be set up and students will be able to speak with teachers and current students in a variety of programs.
The EVSC’s innovative options include five half-day programs: International Baccalaureate (IB) Diploma Programme; Randall T. Shepard Leadership & Law Academy; Medical Professions Academy (MPA); Early College High School; JROTC as well as the Southern Indiana Career and Technical Center. Other options include New Tech Institute and EVSC Virtual Academy.
Students who participate in one of the half-day innovative programs can still maintain their allegiance to their home high school and participate in athletics and other extra-curricular activities at their home school.
In addition to informational booths, each program will conduct two, 20-minute presentations. Presentations will be made at the following times:
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International Baccalaureate Degree Programme (IB): 5:35 p.m. and 6:35 p.m.
EVSC Virtual Academy: 6:15 p.m. and 7:15 p.m.
Randall T. Shepard Leadership and Law Academy: 6:15 p.m. and 7:15 p.m.
Medical Professions Academy: 5:35 p.m. and 6:35 p.m.
Early College High School: 5:55 p.m. and 6:55 p.m.
JORTC: 6:15 p.m. and 6:55 p.m.
Southern Indiana Career and Technical Education Center: 5:55 p.m. and 6:35 p.m.
New Tech Institute: 5:55 p.m. and 6:55 p.m.
Program information:
International Baccalaureate: Housed at Bosse High School, EVSC’s IB program is one of only 22 in the state. It is a comprehensive liberal arts program that includes a rigorous college preparatory experience. To learn more, visit www.evscschools.com/ib.
Shepard Academy: Housed at Harrison High School, Shepard Academy is for students interested in leadership, law and social justice. The Academy is named after the former Indiana Chief Justice Randall Shepard who takes an active role in the program. To learn more, visit www.evscschools.com/shepard.
Medical Professions Academy: MPA gives students the skills necessary for future medical professions. Housed at Central High School, MPA features hands-on learning, internships and shadowing experiences. To learn more, visit www.evscschools.com/mpa.
Early College High School: Early College students can earn up to an associate’s degree while simultaneously earning a high school diploma. Classes are on the campus of Ivy Tech Community College. To learn more, visit www.evscschools.com/
New Tech Institute: New Tech Institute is a stand-alone, full-day high school. It is one of only 180 new tech schools in the United States and one of the elite schools to receive the “Exemplary Demonstration Site†designation from the New Tech Network. It also is a STEM certified school by the Indiana Department of Education. To learn more, visit www.evscschools.com/newtech.
EVSC Virtual Academy: EVSC Virtual Academy is open to students from kindergarten through grade 12. In the upper grades, students often take supplementary courses for credit advancement and schedules conflicts. To learn more, visit www.evscschools.com/evscva.
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JROTC: EVSC’s Junior Reserve Officer Training Corps, housed at Harrison High School, is rated as a “gold star unit†by the U.S. Army, the highest honor that can be awarded to a JROTC program. To learn more, visit www.evscschools.com/jrotc.
Southern Indiana Career & Technical Center: SICTC is a half-day program open to juniors and seniors. It is rated among the top five career and tech schools in the nation and serves approximately 900 students from five area counties. It also is distinguished as a STEM certified school and has received the State Award of Excellence twice. To learn more, visit www.evscschools.com/sictc.
Ace is an 8-year-old male terrier/Chihuahua mix! His biggest attribute is, well, his portly little belly… he’s seeking a kale-smoothie morning-pilates type person (who maybe sneaks an Oatmeal Crème Pie on cheat day every now & again.) He walks well on a leash and only had to be surrendered because of his owner’s declining health. Ace’s adoption fee is $130 and includes his neuter, microchip, vaccines, and more. Contact Vanderburgh Humane at (812) 426-2563 for adoption details!
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INDIANAPOLIS – Below find Indiana Gov. Eric J. Holcomb’s public schedule for October 4 and 5, 2018.
Thursday, October 4: IBJ Aerospace & Defense in Indiana Breakfast
WHO:Â Â Â Â Â Â Â Â Â Â Â Â Â Gov. Holcomb
WHAT:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â The governor will participate in a Q&A.
WHEN:Â Â Â Â Â Â Â Â Â Â Â 8 a.m., Thursday, October 4
Governor’s Q&A at approximately 9:30 a.m.
WHERE:Â Â Â Â Â Â Â Â Â Westin Indianapolis
2nd Floor Ballroom
50 S. Capitol Ave.
Indianapolis, IN 46204
Thursday, October 4: All Pro Dads foster campaign kick off
WHO:Â Â Â Â Â Â Â Â Â Â Â Â Â Gov. Holcomb
Tony Dungy, All Pro Dad national spokesman
Terry Stigdon, DCS Director
Mark Merrill, President of Family First
WHAT:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â The governor will give remarks.
WHEN:Â Â Â Â Â Â Â Â Â Â Â 11 a.m., Thursday, October 4
WHERE:Â Â Â Â Â Â Â Â Â Lucas Oil Stadium
Meeting Room 12
500 S. Capitol Ave.
Indianapolis, IN 46225
Thursday, October 4: Economic Development Announcement
WHO:Â Â Â Â Â Â Â Â Â Â Â Â Â Gov. Holcomb
Indianapolis Mayor Joe Hogsett
dormakaba executives
WHAT:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â The governor will give remarks.
WHEN:Â Â Â Â Â Â Â Â Â Â Â 2 p.m., Thursday, October 4
WHERE:Â Â Â Â Â Â Â Â Â 6161 E. 75th St.
Indianapolis, IN 46250
Friday, October 5: Governor Visits Howe Military Academy
WHO:Â Â Â Â Â Â Â Â Â Â Â Â Â Gov. Holcomb
WHAT:Â Â Â Â Â Â Â Â Â Â Â The governor will attend the Howe Military Academy Corps of Cadets Parade and participate in a Q&A.
WHEN:Â Â Â Â Â Â Â Â Â Â Â Noon, Friday, October 5
WHERE:Â Â Â Â Â Â Â Â Â Howe Military Academy
5755 N. SR 9
Howe, IN 46746
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University of Southern Indiana Volleyball could not match Great Lakes Valley Conference-leading University of Illinois Springfield Tuesday night, falling in straight sets (25-17, 25-19, 25-14).
Sophomore outside hitter Alyssa Yochum (Columbia, Illinois) led the Screaming Eagles (10-16, 2-13 GLVC) with eight kills, while four others posted five or more.
The Prairie Stars (21-4, 12-1 GLVC) posted a .389 hitting percentage, including a .607 mark in the first set. Alli Splitt led UIS with 12 kills.
UIS 25, USI 17
UIS 25, USI 19
UIS 25, USI 14