- A Vanderburgh County Sheriff’s Office deputy was injured after being struck by a vehicle driven by a fleeing shoplifter.
On Saturday, September 08, 2018 at 9:06 PM a sheriff’s deputy was working a uniformed off-duty job at Eastland Mall when a 911 call came in regarding a shoplifter who fled from Zumiez. Mall security directed the deputy to the suspect’s vehicle in the parking lot. The deputy observed the white sedan driving without headlights and attempted to stop the vehicle in the parking lot of the nearby Wendy’s.
After activating his emergency lights, the suspect vehicle came to a stop. When the deputy exited his vehicle, the sedan began to drive away. The vehicle continued a short distance before driving over a curb and into a grassy section of the parking lot. The deputy approached the open window of the vehicle and began shouting commands to the driver. The deputy then observed the driver fumbling with something in the area of the center console and passenger seat area. The deputy attempted to remove the key from the ignition, but the suspect placed the gear selector in reverse and accelerated, dragging the deputy with the vehicle. The deputy was thrown onto the vehicle’s hood and then onto the pavement next to the front left tire of the vehicle. The vehicle tire ran over the deputy’s foot. The vehicle continued in reverse where it struck the parked Sheriff’s Office vehicle with enough force that it moved the parked vehicle approximately five to ten feet. The suspect’s vehicle continued moving and struck a second parked vehicle occupied by an uninvolved party.
The suspect, Ms. Marilyn Elaine Cosby, was then taken into custody without further incident. She was transported to the Operations Center for an interview before being booked into the Vanderburgh County Jail. The vehicle was searched prior to tow and several clothing items with price tags and security devices still attached were found.
The deputy was evaluated at St. Vincent Hospital where he was treated and released. The deputy complained of pain from abrasions to his right arm and right lower leg, but returned to duty upon his release. The deputy was wearing safety toe boots, which were credited with preventing serious injury to his foot.
ARRESTED:
Marilyn Elaine Cosby (pictured above), 58, of Henderson, KY. Shoplifting as a Class A Midemeanor, Battery on Law Enforcement as a Level 5 Felony, Resisting Law Enforcement as a Level 6 Felony, Criminal Recklessness as Level 6 Felony, Possession of a Legend Drug as a Level 6 Felony
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.
Deputy Narrowly Escapes Serious Injury after being Run Over by Fleeing Shoplifter
“IS IT TRUE” SEPTEMBER 10 2018
We hope that today’s “IS IT TRUE â€Â 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 we are hearing that several Evansville City Councilmen and taxpayers are disappointed with Mayor Winnecke for not holding public hearings concerning the design, costs, and location of the proposed the $28 million dollars Deaconnes Aquatic Center at Garvin Park?  …that some people are now saying that the Mayor has seemly adopted a benevolent dictator style of managing City Government?
IS IT TRUEÂ that last week we predicted that the Mayor will stack the City Council Chambers at this evening City Council meeting with supporters of the proposed $28 million dollars Deaconess Aquatic Center at Garvin Park? Â …when the Mayor makes his public pitch to City Council this evening to build the Deaconess Aqua Center at Garvin Park we hope that they will ask him to give them a detailed breakdown on the legal agreement made between him and Deaconess Hospital concerning the naming rights of this projects?
IS IT TRUE we hope that Mayor Winnecke will also give City Council detailed information concerning the role that EVSC is going to play in the development of the Deaconess Aquatic Center at Garvin Park?
IS IT TRUE we still stand by our prediction that once the $28 million Deaconnes Aquatic Center is finished Mayor Winnecke will sign a contract with the local YMCA to manage the new Aquatic Center at Garvin Park? Â …we hope that this evening the Mayor will provide City Council with detailed information concerning the financial commitments he made with the officials at the YMCA to manage the Deaconess Aquatic Center once it is built?
IS IT TRUE that “Jacobsville Join In” is sponsored by ECHO Housing and received their operating funds from the Evansville DMD? Â …recently they closed their North Main Street offices without fanfare?…we hope the reason for the abrupt closing of “Jacobsville Join In” office located on North Main Street didn’t have anything to do with the current “Forensic Audit” being conducted at ECHO Housing Corporation? Â …it’s time for the officials at DMD and ECHO Housing Corporation to come forward and make a public statement concerning this issue?
IS IT TRUE we are told when Mayor Winnecke didn’t allow his Deputy Mayor to publically welcome the President of the United States to Evansville recently it really hurt the credibility of his Deputy Mayor status?
IS IT TRUEÂ we are extremely pleased that Evansville City Council member and well-known animal advocate Missy Mosby took a public stand concerning the cat freezing controversy at the Spencer County Animal Shelter? …we commend Ms. Mosby for contacting the Spencer County Sheriffs Department and turning over the text messages of the shelter’s workers to the authorities?
IS IT TRUE we are told that Missy Mosby has also contacted a friend in law enforcement and he has handed over pertinent information concerning the Spencer County cat freezing controversy over to the Indiana State Police? …we are also been told that letters and newspaper articles have been turned over to officials of the state and national Humane Society and PETA? …Ms. Mosby has declared that she won’t stop fighting for the humane treatment of animals? …we give five (5) cheers to Missy Mosby and her supporters for standing up for the humane treatment of animals and their rights?
IS IT TRUE that the McCurdy Hotel water bill and sewer issue has been out of the news lately? …we know like to if this $1.5 million water and sewer bill have been paid or if a settlement has been made?
IS IT TRUE that Evansville City County Attorney Joshua A. Claybourn writes an interesting blog entitled “Finding Our Sense of National Identity”…we highly recommend that you read it because it’s extremely informative?
IS IT TRUEÂ since the revelation that Evansville City Controller Russ Lloyd Jr., CPA hasn’t paid the $369,000 in Victory Theater bills for 2017 we wonder if he has taken the $369,000 from the 2018 city budget to pay for the operating expenses of the Victory Theater for 2017? Â …we also wonder how City Controller Lloyd is going to find the money to pay for the Victory Theater bills for 2018? …we hope that this question will be asked at the current City of Evansville budget hearings?
IS IT TRUE in all of this hubbub we have also learned that there will be another arena football team coming to Evansville and will be called the Indiana Firebirds?…it is expected that the Firebirds will make Ford Center their home and while we wish them well, Evansville has not been a place that semi-professional football has found financial success?…if the Firebirds can’t draw more paying customers than the Icemen, Thunderbolts, or Bluecats have they are destined for a spot on that list of 50 something pro sports teams that have flamed out in Evansville?…with rents what they are and tickets bringing what they will it will take average paying crowds of 5,000 to have a viable indoor football team?…that is a long shot if there ever was one?
Todays “Readers Poll†question is: Where should the proposed Deaconess Aquatic Center be built?”
Please take time and read our articles entitled “STATEHOUSE Files, CHANNEL 44 NEWS, LAW ENFORCEMENT, READERS POLL, BIRTHDAYS, HOT JOBS†and “LOCAL SPORTSâ€.  You now are able to subscribe to get the CCO daily.
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City Council Meeting September 10, 2018
City Council Meeting for September 10, 2018
| I. | INTRODUCTION |
9/10/2018 Attachment:
| II. | APPROVAL OF MEETING MEMORANDA |
8/27/2018 Memo Attachment:
| III. | REPORTS AND COMMUNICATIONS |
| IV. | SPECIAL ORDERS OF THE DAY |
| V. | CONSENT AGENDA:Â FIRST READING OF ORDINANCES AND RESOLUTIONS |
A. ORDINANCE G-2018-22 An Ordinance to Vacate a Certain Easement Within the City of Evansville, Indiana, Described as a Portion of Lot One (1) in 28 Jefferson, A Minor Subdivision, as per Plat Thereof, Recorded in Plat Book U, Page 120 in the Office of the Recorder of Vanderburgh County, Indiana Sponsor(s): Robinson Discussion Led By: Public Works Chair Mosby 9/24/2018 Notify: Kelley Coures, Dept. of Metropolitan Development G-2018-22 Attachment:
B. ORDINANCE G-2018-23 An Ordinance Fixing the Salaries of Every Appointive Officer, Employee, Deputy, Assistant, Departmental and Institutional Head of the City of Evansville and the Evansville-Vanderburgh County Levee Authority for the Year 2019 and Establishing Salary Administration Procedures Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 10/8/2018 Notify: Russ Lloyd, Jr., City Controller G-2018-23 Attachment:
C. ORDINANCE F-2018-15 An Ordinance of the Common Council of the City of Evansville, Indiana Appropriating Monies for the Purpose of Defraying the Expenditures of Departments of the City Government for the Fiscal Year Beginning January 1, 2019 Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 10/8/2018 Notify: Russ Lloyd, Jr., City Controller F-2018-15 Attachment:
D. ORDINANCE F-2018-16 An Ordinance of the Common Council of the City of Evansville, Indiana Appropriating Monies for the Purpose of Defraying the Expenditures of Evansville-Vanderburgh Levee Authority District for the Fiscal Year Beginning January 1, 2019 Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 10/8/2018 Notify: Russ Lloyd, Jr., City Controller F-2018-16 Attachment:
E. ORDINANCE F-2018-17 An Ordinance of the Common Council of the City of Evansville Approving and Adopting the 2019 Budget for the Port Authority of Evansville Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 10/8/2018 Notify: Russ Lloyd, Jr., City Controller F-2018-17 Attachment:
F. ORDINANCE F-2018-18 An Ordinance of the Common Council of the City of Evansville, Indiana Fixing the Salaries of Elected Officials for the City of Evansville, Indiana for the Year 2019 Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 10/8/2018 Notify: Russ Lloyd, Jr., City Controller F-2018-18 Attachment:
| VI. | COMMITTEE REPORTS |
| VII. | REGULAR AGENDA:Â SECOND READING OF ORDINANCES AND RESOLUTIONS |
A. ORDINANCE G-2018-21 An Ordinance to Vacate Certain Public Ways or Public Places within the City of Evansville, Indiana, Commonly Known as Alleys Lying in the Block Bound by 2nd, 3rd, Vine and Sycamore Streets Sponsor(s): Robinson Discussion Led By: Public Works Chair Mosby 9/10/2018 Notify: Evan Evans, American Structurepoint G-2018-21 Attachment:
| VIII. | RESOLUTION DOCKET |
A. RESOLUTION C-2018-24 A Resolution of the Common Council of the City of Evansville, Indiana, Approving the Issuance of Bonds of the City of Evansville Park District, Expressing the City’s Intention to Make Gaming Revenues Available for the Payment of the Bonds, and Related Matters Sponsor(s): McGinn Notify: Marco DeLucio, ZSWS C-2018-24 Attachment:
| IX. | MISCELLANEOUS BUSINESS |
A. THE NEXT MEETING of the Common Council will be Monday, September 24, 2018 at 5:30 p.m.
B. ADDITIONAL MISCELLANEOUS BUSINESS
| X. | COMMITTEE REPORTS |
| XI. | ADJOURNMENT |
LETTER TO THE EDITOR: DCS IS A FAILED GOVERNMENTAL AGENCY
DCS IS A FAILED GOVERNMENTAL AGENCY
My niece has a daughter who is evil. She has 2 kids by different fathers. She’s a drug addict, shoplifter, no job, mean and cruel. Her little baby daughter almost drowned in the bathtub. She just left her in the tub and went to the kitchen to eat. Thank God my niece was there and heard her choking and saved her life. She has a 7-year-old son too.
In short, my niece’s daughter has spent time in jail. My niece, the boy’s grandmother and the little girl’s grandmother want custody of the kids.  My niece wants the boy and the other grandmother wants the girl. They both went to court with attorneys in Indianapolis to get custody of the kids.
They went at different times and had two different judges. Both judges would not let the grandparents or their attorney speak. They let my nieces daughter and her drug buddies speak. Course they told a bunch of lies.
DCS just keep giving the kids back to their mother. This is so wrong, I can’t believe it. DCS continually puts these kids into a drug environment over and over again. To hell with the kids. No wonder DCS has so many lawsuits against them. It amazes me that anyone would even want to work for DCS.
Name Withheld By Request
Footnote: City -County Observer posted to letter without option, bias or editing.
First Senate Debate Set For Northwest Indiana
Staff Report
TheStatehouseFile.com
INDIANAPOLIS—Tickets for the first of two debates among Indiana’s three Senate candidates have been claimed just hours after the Indiana Debate Commission offered them to the public.
The debate, which will be held at the Purdue University Northwest campus in Westville on Oct. 8, will feature first-term incumbent Democrat Joe Donnelly and challengers Republican Mike Braun and Libertarian Lucy Brenton. The commission had 415 tickets available, but they were claimed within hours of the announcement.
“With growing interest in the 2018 midterm elections, the commission chose a college campus to reach many of our first-time voters,†said commission President Gerry Lanosga in a statement.
For those who cannot attend in person, C-SPAN will be carrying the debate live and the commission will stream it live on its website. The debate will begin at 6 p.m. and those who attend are required to follow the commission’s rules for a live broadcast debate.
Voters are welcomed to suggest questions that may be asked at either of the scheduled Senate debates, and a select number of voters may be given the opportunity to ask their questions live at the debate.
The second debate will be held at Newfields, formerly the Indianapolis Museum of Art, on Oct. 30. All tickets available for that event have been claimed.
FOOTNOTE: TheStatehouseFile.com is a news website powered by Franklin College journalism students.
Kentucky Lawmakers To Consider Sportsbetting Legislation In September
Kentucky Lawmakers To Consider Sportsbetting Legislation In September
written by  Adam Morgan for World Casino News
Latest Casino and Gambling News, Gaming Law & Legislation, Sports betting, Kentucky the proposed legislation has reportedly been filed in Kentucky that could see the southern state introduce legalized sports betting at horse racing venues and off-track betting facilities as early as next summer. According to reports from Casino.org and LegalSportsReport.com, the measure is known as BR29 and was recently introduced by Democratic Kentucky State Senator, Julian Carroll in hopes that legislators in ‘The Bluegrass State’ will swiftly be able to take up the matter when they reconvene for their autumn session in September.
Carroll, who served as the Governor of Kentucky from 1974 to 1979, is reportedly a member of a special nine-member panel that was established last week and tasked with advancing sports betting legislation in the state. The need for this bi-partisan group became apparent after May saw the United States Supreme Court invalidate the Professional and Amateur Sports Protection Act (PASPA), which had largely limited legitimate sports wagering to Nevada
Delaware, New Jersey, and Rhode Island passed legislation legalizing sports betting while measures that would do the same for Kentucky have continued to languish in the Kentucky State Senate and Kentucky House of Representatives.
Under Carroll’s legislation, the Kentucky Horse Racing Commission would reportedly be responsible for regulating sports betting on a wide range of collegiate and professional events while charging operators an annual license fee of $250,000. Although the measure does not mention the payment of ‘integrity fees,’ which is a move favored by the governing bodies of numerous sports, it would allow executives from bodies such as Major League Baseball, the National Football League (NFL) and the National Basketball Association (NBA) to serve on the 15-member regulatory body.
The proposed measure from Carroll would task the Kentucky Horse Racing Commission with ‘developing programs and procedures’ that would ‘aggressively fulfill its oversight and regulatory role’ in order to make sure that ‘undue influence is not brought to bear on the outcome of any athletic event due to wagers placed upon the event.’However, perhaps the most controversial part of the proposed legislation would see Kentucky institute a 3% duty on handle rather than revenues, which  LegalSportsReport.com estimated would equate to an effective tax rate of almost 60%.
Hill Ask SCOTUS To Reinstate Death Penalty For Murderer Baer
Olivia Covington for www.theindianalawyer.com
Indiana Attorney General Curtis Hill is asking the nation’s highest court to reinstate the death penalty against a man convicted of killing a Madison County woman and her 4-year-old daughter, arguing the 7th Circuit Court of Appeals failed to properly defer to state court rulings when it overturned his death sentence earlier this year.
The state’s petition for writ of certiorari in the U.S. Supreme Court in Ron Neal v. Fredrick Michael Baer argues a panel of the 7th Circuit incorrectly held that the Indiana Supreme Court failed to properly apply Strickland v. Washington, 466 U.S. 668 (1984) when it upheld Fredrick Baer’s death sentence. Baer was convicted in the brutal murder of Madison County mother Cory Clark and her 4-year-old daughter, Jenna, who died after Baer slit their throats in their home.
A jury recommended the death penalty for Baer, which a Madison County court imposed and the Indiana Supreme Court upheld in 2007. The justices then upheld the denial of Baer’s post-conviction relief petition in 2011, and the Indiana Southern District Court denied his request for habeas relief and a certificate of appealability.
But the 7th Circuit granted Baer’s appeal and in January reversed his death sentence and ordered a sentencing retrial. The circuit judges found two main issues in Baer’s initial trial that they said led to ineffective assistance of counsel: his attorney’s failure to object to jury instructions and prosecutorial misconduct.
Specifically, the judges said Baer’s counsel should have objected when the prosecutor conflated the legal standards for guilty but mentally ill and insanity during voir dire. The court also said defense counsel should have objected when the prosecutor told the jury the Clark family wanted Baer to receive the death penalty, and when he inserted personal opinions and facts not into the record during closing arguments, including the opinion that Baer’s rough upbringing could not excuse his actions because the prosecutor had also had a difficult childhood.
But in the cert petition, the state argued the Indiana Supreme Court properly found the contested statements during were not misconduct because the defense had introduced those topics. Further, the state said the high court properly determined the defense’s failure to object to the prosecutor’s misstatements during voir dire was a strategy intended to discredit the prosecutor.
“Indeed, within the limits set by the Federal Constitution, the propriety of prosecutorial comments is a state-law question,†the petition authored by Indiana Solicitor General Thomas M. Fisher says. “… The Seventh Circuit’s decision thus exceeded the scope of its authority, for ‘it is not the province of a federal habeas court to reexamine state-court determinations on state-law questions.’â€
Looking to the jury instructions, the 7th Circuit ruled Baer’s counsel should have objected to instructions that did not explicitly tell the jury it could find Baer’s alleged intoxication at the time of the murders to be a mitigating factor. Baer claimed to be under the influence of methamphetamine, but according to the AG’s office, toxicology tests showed no drugs in his body.
The AG’s office further argued that the trial court twice informed the jury that they were free to consider any factor in mitigation. Specifically, the court told jurors to consider “(a)ny other circumstances … which any individual juror believes makes him less deserving of the punishment of death,†and to remember that “there are no limits on what factors an individual juror may find as mitigating.â€
“The Seventh Circuit failed to show that ‘there is no possibility fairminded jurists’ could agree with the Indiana Supreme Court’s holding,’†the state wrote. “… It merely disagreed with the Indiana Supreme Court’s authoritative interpretation of Indiana law and the weight it gave to the broad ‘any circumstances’ and ‘no limits’ instructions.â€
The state’s cert petition comes after it previously petitioned the 7th Circuit to reconsider Baer’s habeas relief either as a panel or en banc. The circuit court denied that petition in April.
“One of the most foundational functions of my office is to secure justice throughout the appeals process on behalf of crime victims,†Hill said in a Thursday statement. “This mission is particularly critical with brutal and vicious crimes such as Fredrick Baer’s animalistic attack on an unsuspecting mother and her little girl.
“It would be a miscarriage of justice for the death sentence in this case to be overturned now, after Baer has been on death row for 13 years, and I’ll do everything within my authority to prevent such an odious outcome,†Hill said.
Holcomb Shares Next Level Connections Across Indiana
Gov. Eric J. Holcomb this week announced his infrastructure agenda plan for 2019, including a new $1 billion investment in infrastructure projects.
The Next Level Connections program will expand broadband services in rural Indiana, grow the state’s systems of trails, create more nonstop international flights, and move up the completion of major highway projects. The state also will continue to pursue building a new fourth water port at Lawrenceburg and expansion of rail projects in northwest Indiana.
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Gov. Holcomb unveils Next Level Connections at South Central Indiana REMC in Martinsville Tuesday. Joined by (left to right) Indiana State Department of Agriculture Director Bruce Kettler, Director of Broadband Opportunities Scott Rudd, President and CEO of the Indiana Regional Development Authority Bill Hanna, Lt. Gov. Suzanne Crouch, Sen. President Pro Tem-elect Rod Bray, and others, the Governor shared how the Next Level Connections program is game-changing for the quality of life for all Hoosiers.
 “We applaud the governor’s leadership and continued engagement with the electric cooperatives on this important issue. Today’s announcement further demonstrates Gov. Holcomb’s commitment to eliminating the ‘haves and have-nots’ and to reshaping how this vital service is made available to all Hoosiers, regardless of location.†– Tom VanParis, CEO of Indiana Electric Cooperatives.
 “The Governor’s Office called me this evening to announce they are putting interchanges in at US 31 and 1) SR 18 in Miami County, 2) Business 31 in Miami County, and 3) SR 10 in Marshall County! This is great news! Thank you!†– Sen. Randy Head
Gov. Holcomb traveled along U.S. 31 Wednesday and dropped in Harvey Hinklemeyers in Peru. Through Next Level Connections, $190 million will be used for improvements to U.S. 20 and 30 and new interchanges on U.S. 31.
“Today’s announcement underscores Gov. Eric Holcomb’s commitment to making our state an attractive destination for workers and businesses alike. I look forward to working with the governor to help build connections for all Hoosiers through supporting strong policies that solidify Indiana’s position as the economic powerhouse of the Midwest.†– House Speaker Brian Bosma
 “Hard to believe the (indoor) groundbreaking on Section 1 of I-69 was 10 years ago… Now Gov. Holcomb is going to finish it.†– Steve Schaefer, Deputy Mayor of Evansville
 
In Jeffersonville, Sen. Ron Grooms (left) and Mayor Mike Moore (center) joined Gov. Holcomb as he shared how Indiana is integrating technology and transportation to create a 21st-century network that maximizes our competitiveness and cements our role as the Crossroads of America.
 “Governor Holcomb continues to lead Indiana forward with smart, modern improvements to the Hoosier state. As the ‘Crossroads of America,’ Indiana facilitates the transportation of goods across the state, region, nation, and all of North America.†– U.S. Rep. Larry Bucshon
 “Broadband is a key component to supporting more age-friendly, livable communities. We’re excited to see Gov. Holcomb make it a priority and we look forward to helping Indiana become more connected.†– Indiana AARP
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Daily Scriptures for the Week of September 10, 2018
MONDAY
“But if we hope for what we do not yet have, we wait for it patiently.†Romans 8:25 NIV
TUESDAY
“In the same way, the Spirit helps us in our weakness. We do not know what weought to pray for, but the Spirit himself intercedes for us through wordlessgroans.â€
Romans 8:26 NIV
WEDNESDAY
“And he who searches our hearts knows the mind of the Spirit, because the Spiritintercedes for God’s people in accordance with the will of God.â€
Romans 8:27 NIV
THURSDAY
“And we know that in all things God works for the good of those who love him, who have been called according to his purpose.â€
Romans 8:28 NIV
FRIDAY
“For those God foreknew he also predestined to be conformed to the image of his Son, that he might be the firstborn among many brothers and sisters.†Romans 8:29 NIV
SATURDAY
“And those he predestined, he also called; those he called, he also justified; those he justified, he also glorifiedâ€
Romans 8:30 NIV
SUNDAY
“What, then, shall we say in response to these things? If God is for us, who can be against us? He who did not spare his own Son, but gave him up for us all—how will he not also, along with him, graciously give us all things?â€
Romans 8:31-32 NIV
Submitted to the City-County Observer by Karen Seltzer