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Cash is a 6-year-old male longhaired brown tabby! He’s very shy at the shelter, and will need a family who can look past his soft-spokenness and see the sweetness underneath. His adoption fee is only $40 and includes his neuter, microchip, vaccines, and more. Contact Vanderburgh Humane at (812) 426-2563 for adoption details!
ANOTHER SERIOUS VIOLENT FELON RELEASED DUE TO THE INCOMPETENCE OF NICK HERMANN’S OFFICE
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
Otters end regular season with marathon loss to CornBelters
The Evansville Otters finished the regular season with a 13-inning loss to the Normal CornBelters, 8-7, on Sunday night at the Corn Crib.
With the River City Rascals winning earlier in the day, the Otters fate as the second wild card team was sealed, since River City held the head-to-head tiebreaker over Evansville.
Normal struck in the first inning when Derrick Loveless singled home Santiago Chirino.
The CornBelters added a second run on a Cody Erickson RBI single in the bottom of the second.
Andrew Godbold doubled home Loveless to give Normal a 3-0 edge in the third inning.
Evansville got on the board on Hunter Cullen’s bunt base hit that scored Jeff Gardner from third base in the top of the fourth.
The Otters tied the game thanks to RBI groundouts from Ryan Long and Travis Harrison in the top of the fifth.
Normal retook the lead on a Justin Fletcher RBI single in the bottom of the fifth.
David Cronin and Long each drew bases loaded walks to give Evansville a 5-4 lead in the top of the sixth.
Godbold plated two runs on a single for Normal in the bottom of the sixth to put the CornBelters ahead 6-5.
Taylor Lane tied the game at 6-6 with an RBI single in the top of the seventh.
The game stayed tied until the twelfth, where Lane came through with another RBI single to give Evansville a 7-6 edge.
Normal rallied to tie the game on a Michael Baca RBI knock in the bottom half of the twelfth.
Chris Iriart ended the five-hour contest when he singled home a run in the bottom of the thirteenth to give Normal the 8-7 win.
Sean Hurley picks up the win for Normal after throwing a scoreless thirteenth.
Taylor Hillson take the loss for Evansville, his first on the year. Hillson worked 3.1 innings, allowing two runs, both unearned, on two hits, three walks, and one strikeout.
After an off-day on Monday, the Otters will begin the postseason at home against the Washington Wild Things at 6:35 p.m. at Bosse Field on Tuesday.
Lanerie, Cox, Davis clinch Ellis Park meet titles; Monday’s closing card features Value Day prices
VANDERBURGH COUNTY DEMOCRATIC CALENDAR
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Eagles shutout by Xavier, 5-0
The University of Southern Indiana women’s soccer team was overwhelmed by NCAA Division I Xavier University, 5-0, Sunday afternoon in Cincinnati, Ohio. USI, which started a three-match road swing with today’s match, goes to 0-2-0 overall, while Xavier sees its record go to 2-4-0.
USI found itself down, 2-0, at the half as Xavier scored at 6:05 and 14:24 over the opening half. The Musketeers forced the Eagles into a defensive posture and had a 12-4 lead in shots.
In the second half, the Musketeers would score three more times to give the match a final score of 5-0. Xavier outshot USI, 23-5 by the end of the match.
The Eagles hope to get on track next week when they complete their first road trip of the year with a visit to Hammond, Indiana, to play a neutral-site match with Northern Michigan University September 6 at 4 p.m. (CDT) and a road game versus Purdue University Northwest September 8 at 11:30 a.m. (CDT).
The next home game for USI is September 14 when the Eagles open 2018 Great Lakes Valley Conference action by hosting Drury University at Strassweg Field. Due to the GLVC home-road weekend, the Eagles and the Panthers will have special Friday afternoon 3:30 p.m. kickoff.
Eagles thwarted by Wildcats, 2-0
The University of Southern Indiana men’s soccer team had its offense stymied for 90 minutes as Northern Michigan University shutout the Screaming Eagles, 2-0, to open the 2018 home schedule Sunday at Strassweg Field. The Eagles are off to a 1-1-0 start to 2018, while the Wildcats even their record at 1-1-0 in the first weekend.
USI fell behind early in the opening half when NMU scored at the 10:19 mark to take a 1-0 lead. The Wildcats would hold onto the 1-0 advantage through the halftime, despite the Eagles having a 4-3 advantage in shots and a 6-2 lead in corner kicks.
NMU struck quick again to open the second half, extending the lead to 2-0 before 2:30 was gone in the final stanza. The Eagles continued to force the issue in the final 45 minutes and had numerous opportunities – taking six shots on-goal and 12 shots total –but was unable to find the back of the Wildcat net.
The Eagles return to the road next week when they travel to Grand Rapids, Michigan, to play Davenport University September 7 at 6:30 p.m. (CDT). Davenport, who will host Missouri University of Science & Technology on September 4 before host the Eagles, is 0-1-1 after tying Maryville University and falling to the University of Missouri-St. Louis to start the year. Live coverage is available on GoUSIEagles.com.
The next home game for USI is September 14 when the Eagles open 2018 Great Lakes Valley Conference action by hosting Drury University at Strassweg Field. Due to the GLVC home-road weekend, the Eagles and the Panthers will have special Friday afternoon 1 p.m. kickoff.
Daily Scriptures for the Week of September 3, 2018
MONDAY
“for all have sinned and fall short of the glory of God, and all are justified freely by his grace through the redemption that came by Christ Jesus.â€
TUESDAY
“For the wages of sin is death, but the gift of God is eternal life in Christ Jesus our Lord.â€
WEDNESDAY
“If you declare with your mouth, “Jesus is Lord,†and believe in your heart that God raised him from the dead, you will be saved.â€
THURSDAY
“For it is with your heart that you believe and are justified, and it is with your mouth that you profess your faith and are saved.â€
FRIDAY
“As Scripture says, “Anyone who believes in him will never be put to shame.†For there is no difference between Jew and Gentile—the same Lord is Lord of all and richly blesses all who call on him, for, “Everyone who calls on the name of the Lord will be saved.â€â€
SATURDAY
“How, then, can they call on the one they have not believed in? And how can they believe in the one of whom they have not heard? And how can they hear without someone preaching to them?â€
SUNDAY
“And how can anyone preach unless they are sent? As it is written: “How beautiful are the feet of those who bring good news!â€â€
Submitted to the City-County Observer by Karen Seltzer