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Justices reverse 13-year-old’s bomb threat case on Miranda grounds
Kate Stancombe for www.theindianalawyer.com
A boy alleged to have written bomb threats on a bathroom wall at Decatur Middle School was deprived of his Miranda rights under police interrogation and his statements should have been suppressed, the Indiana Supreme Court ruled Wednesday.
Thirteen-year-old B.A. was alleged to have written the threat: “I will Got A bomb in the school Monday 8th 2016 not A Joke†on a bathroom wall in February 2016. After checking the premises on February 8. 2016, a vice principal and school resource officer removed B.A. from his school bus and escorted him to the vice principal’s office.
B.A. was interviewed by three uniformed school resource officers. Upon his confession, B.A. was suspended from school, and the school resource officers arrested him and took him to the Marion County Juvenile Detention Center.
The boy was adjudicated for committing false reporting and institutional criminal mischief, Level 6 felony and Class A misdemeanors if committed by an adult. He then moved to suppress the evidence from his interview, arguing that he was entitled to Miranda warnings because he was under custodial interrogation and officers failed to secure waiver of his Miranda rights under Indiana’s juvenile waiver statute.
The juvenile court denied the motion and found B.A. delinquent on both accounts, however the Indiana Supreme Court determined his statements should have been suppressed. The court also found that the trial court abused its discretion in admitting the statements.
“As the State points out, no one yelled at or threatened B.A. Still, the consistent police presence would place considerable coercive pressure on a reasonable student in B.A.’s situation,†Chief Justice Loretta Rush wrote Wednesday. “So this case lies solidly on the “custody†end of the student-confinement spectrum.â€
The court reversed B.A.’s delinquency adjudications in B.A. v. State of Indiana 49S02-1709-JV-567 and remanded the case to the juvenile court.
The Indiana Court of Appeals previously reached the opposite conclusion, issuing a ruling in March 2017 affirming the juvenile court.
AG Curtis Hill: Wayne County’s experience demonstrates dangers of so-called ‘needle exchange’
n the aftermath of Marion County’s decision to allow distribution of clean needles to illegal drug users, Attorney General Curtis Hill said communities statewide should consider the recent experiences of Wayne County.
As reported by media in Richmond, Ind., Wayne County Prosecutor Mike Shipman has documented at least one fatal overdose in which a needle from the county’s exchange program was apparently used in causing the person’s death. He has also documented unauthorized street sales of such needles, which can be sold for up to $2 per needle. Authorities discovered one drug user to be in possession of approximately 100 unused needles from the exchange program that the user obtained secondhand.
“Those who advocate handing out free needles to substance abusers are no doubt well-intentioned individuals,†Attorney General Hill said. “Too often, however, they overlook the unintended consequences of these needle handouts – namely, the continued risks of dying from overdose and all the other ills that accompany substance abuse and addiction. While we should always work to mitigate risks of contracting contagious diseases, we must focus greater attention on helping these individuals overcome the root problems of substance abuse and addiction.â€
Attached is an op-ed the Attorney General wrote last August expressing his views on so-called needle exchange.
Women’s Soccer announces 2018 schedule
University of Southern Indiana Women’s Soccer has announced its 2018 season schedule, which will begin August 31 at Strassweg field as the Screaming Eagles play host to Walsh University.
After the home opener, USI hits the road for three games, starting with a trip to Cincinnati, Ohio, for a matchup versus NCAA Division I opponent Xavier University. The Eagles then play a neutral site match against Northern Michigan University September 6 in Hammond, Indiana, and wrap up non-conference competition September 8 at Purdue University Northwest.
The Eagles get Great Lakes Valley Conference play underway September 14 when hosting Drury University. USI follows with two road games and two more home games before traveling to two-time defending GLVC champion McKendree University September 30.
To break up the conference season, USI hosts Oakland City University October 2 before a pair of GLVC road contests. The Eagles return home October 12 against October 12 for four-straight home games, concluding the home schedule October 21 against William Jewell College.
USI ends its 18-game regular season with a road contest at Lewis University October 28. Games against Bellarmine University, Quincy University and McKendree are all matchups against 2017 NCAA Tournament teams.
The GLVC Tournament begins October 28 with home games at the higher seeds, with the semifinals and championship November 2-4 at a site to be determined. The NCAA II Tournament begins November 8 with the Final Four November 29-December 1.
USI loses the offense of All-GLVC selections in seniors Haley Rheinlander and Carlie Scales, but returns its top two scorers in sophomores Madelyne Juenger (Columbia, Illinois) and Maggie Winter (St. Louis, Missouri). Juenger was named All-GLVC and All-Midwest Region last season. The defense also returns senior goalkeeper Emily Hopkins (Greenfield, Indiana) as the Eagles look to make the GLVC Tournament for the third consecutive year in 2018.
Gov. Holcomb Statement on Meeting with Vice President Pence
Gov. Eric J. Holcomb met with Vice President Pence , while in Washington D.C. for the 2018 SelectUSA Summit. He offered the following statement following that meeting:
“It was great to catch up with the vice president in his office while I’m in Washington, D.C. for the SelectUSA Summit. We talked about Indiana’s job creation momentum, our state workforce initiatives, and my concerns about the impacts of trade tariffs on Indiana businesses. I was encouraged by the vice president’s comments about the progress that has been made in negotiating reciprocal trade agreements with our partners, especially relating to agriculture and manufacturing.
“After I met with the vice president, I was also heartened to learn that President Trump announced he would take short-term action to stop the practice of separating families who cross the border illegally. Members on both sides of the congressional aisle have the historic opportunity to fix our broken immigration system with respect for the rule of law. They need to act now.â€
Otters Even Series With Freedom Thanks To Season High In Hits
Thanks to a season-high 18 hits, the Evansville Otters topped the Florence Freedom 8-5 on Wednesday afternoon at UC Health Stadium.
Evansville got on the board in the first inning on a Jeff Gardner RBI single.
Florence tied the game in the bottom half on a leadoff home run from Ricky Ramirez.
In the second, the Otters retook the lead on a David Cronin sacrifice fly.
The Otters lead was extended to two in the third on a Travis Harrison RBI base hit.
With two outs in the fourth, the Otters were able to rally and plate three runs. The first run of the frame scored when an error by Florence left fielder Keivan Berges allowed Ryan Long to score all the way from first on a Toby Thomas single. Jeff Gardner then blasted a two-run homer to right, his fourth of the year, to give the Otters a 6-2 lead.
Florence got a run back in the seventh on a sacrifice fly from Skylar Ewing.
Evansville responded with a run in the top of the eighth, as Thomas drove home Cronin with a sacrifice fly.
Austin Wobrock hit a two-run double in the eighth to cut the Freedom deficit to just two runs.
Joe DeLuca knocked home a run in the ninth on a single to provide the Otters an insurance run.
Mitch Aker then came on in the ninth and tossed a perfect frame to end the game 8-5, and pick up save number 13 of the season.
The Otters offense was led by new addition Logan Taylor who went 4-5 and Jeff Gardner who picked up two hits and three RBIs.
Kyano Cummings gets the win for the Otters, his second of the year. The reliever came on out of the pen and tossed 3.2 innings, allowing just one run, on two hits while striking out two.
Chuck Weaver is handed the loss for Florence. Weaver threw six innings, allowing six runs, four earned, on 13 hits while striking out three.
Otters starter Ty Hensley receives a no-decision after throwing 2.1 innings and allowing two runs on hits while striking out three.
The two clubs will play the rubber match of the series tomorrow evening at 6:35 p.m. ET at UC Health Stadium.
Coverage of the series will continue on WUEV 91.5 FM presented by Kruckemeyer & Cohn with Sam Jellinek on the call.
The Otters will return home for a nine-game homestand June 22-July 1, having three-game sets against the Southern Illinois Miners, Gateway Grizzlies and River City Rascals. June 22-24 against the Miners will feature Deaconess Women’s Hospital Night, Deaconess Night and postgame fireworks, and a family fun day. June 26-28 against the Grizzlies will have $2 Tuesday, Day Camp Day and Thirsty Thursday. June 29-July 1 against the Rascals will be highlighted by Edward Jones Night and postgame fireworks, Heritage Federal Credit Union hat giveaway and Boy Scout Night, and another family fun day. Tickets are still available at evansvilleotters.com or by calling 812-435- 8686.
Otters’ Upcoming Promos For Season-Long Nine-Game Homestand
The Evansville Otters will host a season-long nine-game homestand June 22-July 1, featuring exciting promotions, giveaways, theme nights and postgame firework shows.
The Otters will begin the nine-game homestand with a three-game series against the Southern Illinois Miners.
The series opener June 22 will be Deaconess Women’s Hospital Night followed by Deaconess Night on Saturday, June 23. Deaconess Night will celebrate the founding of Deaconess Hospital which will include a postgame firework display for fans to stay and watch after the Otters’ game.
Sunday’s series finale will be Family Fun Day with a special start time of 5:05 p.m. Families will be able to purchase four G.A. tickets, four popcorn, soda and snow vouchers, and two inflatable passes for $40.
The Gateway Grizzlies will return to Evansville to take on the Otters for a three-game set starting on Tuesday, June 26 at Bosse Field. The series opener will be a $2 Tuesday at the ballpark as popcorn and General Admission tickets will be $2.
The middle game of the series on Wednesday will be Day Camp-Day Care Day with first pitch at 12:05 p.m. Local area summer camps and daycares are invited to come enjoy an Otters game at Bosse Field. Camps and daycares must register for the event. Registration is $10 per person and includes a G.A. ticket and a meal consisting of a hot dog, chips and water. Giant inflatables will also be available to those registered.
The series finale on Thursday, June 28 against the Grizzlies will be a Thirsty Thursday with drafts at special prices at the ballpark.
Evansville will wrap up the month of June and the nine-game homestand at Bosse Field with a three-game series against the River City Rascals.
Edward Jones Night and a postgame firework show will kick off the series Friday, June 29. For the game on Saturday, June 30, fans will need to arrive early to receive their free hat courtesy of Heritage Federal Credit Union. Hats are available to the first 1,000 fans.
Saturday, June 30 will also be Boy Scout Night at Bosse Field. Local area boy scouts can come watch the Otters play and then camp out in the outfield at Bosse Field. Pre-registration is required which includes a General Admission ticket, hot dog, chips and water, meet and greet with the team, postgame baseball clinic, and a commemorative Otters patch.
The series against the Rascals will finish Sunday, July 1 with Family Fun Day and another opportunity to take advantage of the bargain deal for any family.
The Otters are looking forward to having fans join the affordable, family fun this season at historic Bosse Field.
HOT JOBS IN EVANSVILLE
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“READERS FORUM” JUNE 20, 2018
We hope that today’s “Readers Forumâ€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?
WHATS ON YOUR MIND TODAY?
Todays “Readers Poll†question is: Would you like for Deaconess and Henderson Community Methodist Hospitals to be more forthcoming with the details of the merging of services between both hospitals?
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.
If you would like to advertise on the CCO please contact us CityCountyObserver@live.com.