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Indiana State Police are Investigating Double Shooting in Oaktown

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Knox County – Indiana State Police are currently investigating a double shooting that occurred at 3386 E. Cardinal Road, Oaktown. The investigation was initiated this evening after a family member requested a welfare check on the occupants.  Officers from the Indiana State Police and Knox County Sheriff’s Department arrived at approximately 7:50 p.m. and found a male inside the garage with serious injuries. A female was found deceased inside the residence. The male was transported to Good Samaritan Hospital, but was later airlifted to Deaconess Midtown Hospital in Evansville.

This is an on-going investigation and additional information will be released as it becomes available.

Indiana State Police Detectives do not believe anyone else was involved in this shooting. The community is not in danger.

Lead Investigating Agency: Indiana State Police

Assisting Agency: Knox County Sheriff’s Department

UPDATE

Indiana State Police Detectives do not believe anyone else was involved in this shooting. The community is not in danger.

The male has been identified as Roger S. Darrough, 63.  He is still being treated for serious injuries at Deaconess Midtown Hospital in Evansville. The deceased female has been identified as Sharon M. Patton, 56.  Darrough and Patton resided together at the residence.

EPD ACTIVITY REPORT

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EPD REPORT

VANDERBURGH COUNTY RECENT BOOKING RECORDS

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http://www.vanderburghsheriff.com/jail-recent-booking-records.aspx

IS IT TRUE APRIL 19, 2018

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We hope that today’s “IS IT TRUE” 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 that the Evansville Convention and Visitors Bureau has found a new leader and the name of this 63-year-old spring chicken is Joe Taylor?…Mr. Taylor is coming to Evansville from the Quad Cities area that includes Northwest Illinois and Southeast Iowa?…that is the same general area that outgoing CEO Bob Warren came to Evansville from 8 years ago to close out his career?…Mr. Taylor was scheduled to close out his own career with a retirement that was to occur on December 31, 2018, as verified by his own board of directors?…Taylor may be running double duty in Evansville as he was also responsible for bringing sporting contests to the Quad Cities during his time there?…the City-County Observer welcomes Joe Taylor to Evansville and wishes him much success?…for the first time in perhaps 50 years there is some momentum in downtown Evansville that may succeed in drawing something of substance that exceeds the Lady Quilters of Indiana and the Big Bass Fishermen who occasionally hook one of the Ohio River piranhas with their jitterbugs?

IS IT TRUE we are still complexed why did the Evansville Convention and Visitors Bureau Board of Commissioners decide to hire a new Executive Director from the outside?  …it was clearly obvious that the Evansville Convention and Visitors Bureau had an extremely qualified individual in their current employment that could have done well in this position

IS IT TRUE some influential people in Evansville must have a desire to become Quad Cities south because the stream of retired or nearly retired talent coming in from that region keeps multiplying?…in addition to former CVB CEO Warren and the new guy Taylor, the recently hired CEO of the Chamber of Commerce of Southwest Indiana was hired  from a similar position in the Quad Cities?…it is highly probable that these people all have known each other for a long time and may even have a working relationship?…while familiarity may be positive, the Quad Cities are not exactly showing up on the lists of great places to live, work, or visit?…it could be a step up for River City though?

IS IT TRUE that the Kunkel Group has raised its pen and filed a tort claim against the City of Evansville for the excessive charges for water and sewer service at the McCurdy Hotel building that is now Kunkel owned apartments?…among the allegations made by Kunkel are that the City of Evansville has made false statements that have disrupted their operation of an honest business in downtown Evansville?…the Kunkel suit was after the City of Evansville placed a $1.5 million lien on the McCurdy for water use for the first year after the apartments were offered to the public?…one thing that the City County Observer knows for sure is that a building with only 93 apartments can not afford to pay a water bill of over $100,000 per month?

IS IT TRUE that the McCurdy water bill per apartment amounts to roughly $1,300 and that is not something that is consistent with this property having a fighting chance at prospering from their large investment?…by the time all of the expenses of operating this building are considered the Kunkel Group will need to net roughly $2,500 per apartment per month at 100% occupancy all of the time?…that means that a base rent will need to be close to $3,000 for this property to perform well financially?

IS IT TRUE that the new GRAVIS POLL finds that former State Representative Mike Braum is leading the recent political poll?  …this poll shows that Mr. Braun is leading the pack against career politicians Luke Messer and Todd Rokita?  …the poll shows Mr. Braun leading this poll with 26%?  …that Todd Rokita has 16% and Luck Messer has 13% of the vote?  …that around 45% of the voters don’t know who they are voting for in this coming U S Senate Republican primary?

IS IT TRUE if the Veterans Memorial Coliseum is forced to stop providing Friday night BINGO it could cause this historical landmark to close their doors forever?  …that Friday night BINGO is the main source of income for this historical landmark?

IS IT TRUE that we are impressed with Abby Maravich, the Member Engagement Manager for the Southwest Indiana Chamber?  …Abby is very personable and is a very good public relations person?  …the Southwest Indiana Chamber is fortunate to have someone with the qualifications and dedication of Abby Maravich?

IS IT TRUE that Vanderburgh County Attorney Joe Harrison, Jr. is really doing a bang-up job serving the citizens of this community?

Todays “Readers Poll” question is: If the election for the United States Senate was held today who would you vote for?

Please take time and read our articles entitled “Statehouse Files, Channel 44 News, Daily Devotions, Law enforcement, Readers Poll, Birthdays, Hot Jobs, and Local Sports.

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ON EARTH DAY, CONGRESS WHISTLING PAST THE GRAVEYARD

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By Joe Guzzardi

Last month, the United Nations hosted a Sustainable Development Goals (SDG) conference in Bonn, Germany. Despite hopes that limiting population growth would be the UN’s centerpiece topic, concerned attendees came away disappointed, with the impression that political correctness ruled the day, and that feel-gooders rather than do-gooders dominated the agenda.

The conference offered not a single population or biodiversity session, even though non-human life plays a crucial role in maintaining planetary health. Instead, the conference focused on “leaving no one behind” despite ecological limits and realities. International migration, which is gripping Europe and the United States, was conveyed as a necessity and an unmitigated good. When a realist in the audience asked how it would be possible that some would not inevitably be left behind when the planet adds 80 million people annually to its existing 7.6 billion, the moderator dismissed his question as too negative.

One overall UN theme was contradictory: “think globally, but act locally.” The U.S., while it may or may not be prepared to think globally, has an immigration policy that ruins any chance at positive local action toward sustainability.

The Census Bureau provides an instructive mathematical breakdown on population growth’s components. The current U.S. population is 327 million; one birth occurs every eight seconds, and one net international migrant arrives every 28 seconds, but deaths offset the increases by only one every 11 seconds. The result is that each day the U.S population has a net gain of one person every 14 seconds.

The Pew Research Center projected that by mid-decade the population will increase to more than 441 million, driven by immigration. The same researchers concluded that if immigration were cut in half, population would grow by 70 million; if eliminated, 31 million.

U.S. growth is the direct consequence of Congress’ unwillingness to consider immigration’s long-term effects on the nation’s population, a failure that’s repeated itself for 53 years. Republicans and Democrats are equally culpable.

During the Senate hearing about the effect the 1965 Immigration Act might have on population, New York Sen. Robert Kennedy, responding to North Carolina Sen. Sam Ervin’s questions, acknowledged that the legislation would eventually double U.S. population, and that mass immigration to America couldn’t and wouldn’t solve global overpopulation. Senators Ervin and Kennedy were right in their analysis, but wrong in their votes to pass the legislation. Both sides of the aisle overwhelmingly voted for the 1965 Immigration Act.

Since the Immigration Act’s passage and through 2015, with new immigrants, their children and grandchildren, 72 million people were added to the U.S., which accounted for 55 percent of the nation’s population growth. The modern immigration wave vastly exceeds previous migration flows: between 1840 and 1889, 14.3 million immigrants came to the U.S., and between 1890 and 1919, an additional 18.2 million arrived.

Continued growth, the path that the U.S. travels today, will not have a happy ending. And even if it were survivable, indefinite growth is highly undesirable. Demands on infrastructure ,’ transportation, water, schools and housing ,’ have already reached or passed the breaking point in some parts of the U.S., most notably in the American Southwest.

During the 1960s and 1970s when Congress debated the Immigration Act, the U.S. population was 189 million and 213 million, respectively. Yet, no one argued then that America was too small or too economically weak.

Despite overwhelming statistical and irrefutable evidence that the U.S. is on a population collision course, immigration-induced increases remain, to the bewilderment of most Americans, verboten in Congress.

New Executive Director Named For Evansville Convention & Visitors Bureau

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New Executive Director Named For Evansville Convention & Visitors Bureau

APRIL 18TH, 2018 BRITNEY TAYLOR EVANSVILLE, INDIANA

The Evansville Convention and Visitors Bureau announces a new executive director. Joe Taylor will replace long-time executive director Bob Warren.

Taylor comes from the Quad Cities Convention & Visitors Bureau where he served as President/CEO since May 1998. The Quad Cities CVB consisted of Davenport/Bettendorf, Iowa and Rock Island/Molina, Illinois.

During his tenure, he was responsible for growing the two-state, multi-jurisdictional CVB with an annual budget of $1.3 million and multiple officers serving the metropolitan and rural areas with a regional population of 350,000.

Taylor has also overseen the operations of the Quad Cities Sports Commission for several years.

His extensive background in sporting events is complemented with a knowledge of hosting meetings and conventions, the riverboat cuisine industry and partnering in riverfront development and gaming.

Taylor will begin as the new executive director on June 4th.

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COA Slashes Disability Damages, Voids State Code, Gives Bench Slaps

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DAVE STAFFORD for www.theindianalawyer.com

Portions of the Indiana Administrative Code were voided by an Indiana Court of Appeals decision in a disability discrimination suit in which the appeals court also substantially reduced a damages award to a fired worker and criticized counsel for incivility and citing outdated regulations.

The Court of Appeals’ 40-page ruling in Knox County Association for Retarded Citizens, Inc. v. Melissa (Cope) Davis, 93A02-1701-EX-141, found that Melissa (Cope) Davis had been discriminated against on the basis of disability, but that an award by the Indiana Civil Rights Commission was excessive. The COA also ruled that portions of the IAC were in conflict with the federal Americans with Disabilities Act and the Code of Federal Regulations and were therefore void.

Davis was fired from her position as a direct support professional at KCARC in 2012 after she had previously left work for an unknown medical issue and was diagnosed as having a loss of consciousness or “syncopal episode.” She later was released to work with restrictions including only light duties and jobs that required mostly sitting. She was fired after KCARC staff said there were no positions that met the work restrictions.

Davis then filed a discrimination complaint with the ICRC, and in 2016, she was awarded back damages of more than $25,800, plus prejudgment interest for a total award of more than $35,100.

The COA affirmed the ICRC’s discrimination finding in its opinion but reversed the damages award based on Davis’ failure to mitigate her losses through her subsequent employment. The COA said she proved damages of $6,202.28, and the panel remanded for a determination of prejudgment interest to be added to that sum.

But the panel also found that state regulators’ code was outdated and void. Citing 910 IAC § 3-2-15(b) (2013), Judge Melissa May wrote for the panel that “the definitions for determining disability under the IAC have not been modified to account for the changes produced by enactment” of the ADA.

“Because Indiana Code section 22-9-5-27 requires the portions of the IAC dealing with employment discrimination against disabled people not conflict with the ADA, the current version of the IAC is invalid and we cannot rely on it,” May wrote.

“We conclude the portions of the IAC that do not comport with the language of the ADA and the CFR are invalid,” she said.

The panel then applied the ADA to affirm the determination that Davis had a qualifying disability. The panel also affirmed the finding that KCARC did not engage in the requisite interactive process with Davis of determining whether a reasonable accommodation was available.

Meanwhile, the panel called out the incivility of counsel and the outdated administrative code both sides relied on in this case.

“(W)e would like to note the lack of civility between the parties in this case, both in their briefs and during oral argument,” May wrote in a footnote. “Unnecessarily argumentative and snide comments such as, ‘Of course, the fact that Davis can’t seem to consistently state the nature of her alleged disability is because she doesn’t suffer from one[,]’ … and ‘had the Commission actually bothered to read the case they cited in support of their conclusion that Davis is disabled, they would have discovered that it actually stands for the exact opposite of their assertion,’ … as well as conduct during the oral argument, degrade the parties’ arguments by showcasing the incivility between the parties.

“We remind counsel of sections 1 and 9 of the Preamble to the Indiana Rules of Professional Conduct, which state: ‘Whether or not engaging in the practice of law, lawyers should conduct themselves honorably[;]’ and ‘[The principles of the Rules of Professional Responsibility] include the lawyer’s obligation to protect and pursue a client’s legitimate interests, within the bounds of the law, while maintaining a professional, courteous and civil attitude toward all persons involved in the legal system,’” May continued.

In a separate footnote, the court wrote, “We find it unsettling that neither party recognized this difference between the current version of the (Code of Federal Regulations) and the current version of the IAC, which do not comport. Further, Davis, who is represented by ICRC, cited the 2007 version of the CFR, which has been invalid for a decade. … In addition to this inexplicable error, Davis’ brief is replete with citations that seem to be to the record, but do not indicate whether the material is from the appendices or transcripts. This failure to properly cite the record has greatly hindered our review of this very complex record.”

LITTER!

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LITTER!

by: Ann Rains, Writer-Editor For The New-Harmony Gazette.

Spring, the wondrous time of rebirth and renewal. Seeing the tenacious daffodils raise their blossoms to the sun after being beaten down with heavy snow is a lesson of life to be learned. Inasmuch as I am counting blessings for another year to view the farmer’s fields of winter wheat greening the land, there is a springtime blight that darkens my heart.

This blight is more noticeable now. Have you seen it? Are you aware of the damage it does? That blight is litter. One cannot drive down any road, whether it is a country road or an interstate highway without seeing bottles, plastic bags (modern-day tumbleweeds), styrofoam cups, and many other unidentified items littering the roadsides. People are becoming immune and/or oblivious to trash. They don’t even see it.

When I experienced a tragedy years ago while living in Maine, girlfriends wanted to do something special for me. They coordinated a trip to the beach. I tried to resist but they were adamant saying, “You need a day in the sun.” We went to Old Orchard Beach. The only thing I can remember as I laid in the sun was the beach looking like a gigantic cigarette snuffer. There were not three square inches of sand without a cigarette butt littering it.

Now, researching littering, I find that cigarette butts are one of the worst kinds of litter. Although butts may not be seen from your automobile, this small litter takes ten years to decompose due to cellulose acetate. Plus, the chemicals in the butt pollute groundwater (and ocean water) with arsenic and other chemicals. The entire world is littered with 4.5 trillion discarded cigarette butts per year. Lit cigarettes being tossed from vehicles are one of the major fire hazards.

The next most common litter is fast food containers and sometimes the fast food itself. Discarding these items leads to germs, bacteria, and viruses. Litter becomes a breeding ground which can attract vermin such as rats. Even a small amount of water that may collect in beverage containers is enough to breed disease-carrying mosquitos. Litter also becomes dangerous to farmers whose equipment is not meant to plow glass, metal, and plastic.

The listed reasons for people littering are rather repugnant. Topping the list is laziness. Does that mean that people are too lazy to keep their trash in the vehicle and clean it out when there is a trash receptacle available? Is it that they would rather diminish the physical beauty of our God-given home, Earth, just to have a clean car? Another reason is: “My friend litters, so I can, too.” How about, “Really, it’s just paper?”

Someone suggested that biodegradable containers should be required. But that doesn’t solve the problem. Last spring I put some cardboard in my flower bed to kill some hardy weeds with deep roots I could not pull. It is covered with straw but that cardboard is still there. Having biodegradable containers does not give one license to litter. It is still ugly no matter how short a time it takes to degrade.

Other lists say that littering is the result of poor education and poor parenting. I question that but if people have no sense of pride in residing on this amazing planet and taking care of it, maybe they need to know that their tax dollars, to the tune of $11.5 billion a year is spent on cleaning up litter. That money surely could be put to better use!

On October 4, 2010, the Posey Green Group sent a letter to the editor of the Democrat. It spoke of the worldwide phenomenon of littering and urged citizens locally to refrain from littering. At the same time, the Pacific Trash Vortex was a floating garbage continent the size of Texas. Now it is double in size (only seven years) and there are trash vortexes in all the oceans.

It is a crime to litter. Mt. Vernon has a minimum fine of $120. However, Indiana law allows fines up to $1000 and more if it is a lit cigarette. Community service of picking up litter in a specified area may also be imposed upon the perpetrator.

Like the camera on a bridge that records license plates of people traversing it, the future may have cameras on roadways capturing you tossing out that cigarette butt or styrofoam cup. Or, maybe there will be drone litter patrols! Just imagine, you could receive in the mail a fine of $1000 or more for your actions. And just maybe, you will have the pleasure of picking up litter. With the amount of litter on the roadways now, our future may dictate that more stringent laws be enforced.

Enjoy the bright yellow daffodils and other springtime surprises, but, please, do not be a litterbug.

Footnote: planetprayers@gmail.com copyright – Ann Rains, March 2018

Attorney Speaks About Resolved Civil Suit Against EPD

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Attorney Speaks About Resolved Civil Suit Against EPD

APRIL 17TH, 2018 MELANIE ZAYAS EVANSVILLE, INDIANA

A three year long civil rights lawsuit against the Evansville police has been resolved, now lawyers are speaking out. An Evansville man was set to face a jury in his case with the Evansville police department in March but after the resolution, a trial won’t happen at all.

It all started back in 2015 when Evansville police say they caught 55-year-old Doug Scholp speeding but it didn’t stop there. Scholp says it went way too far but a settlement has now been reached. His attorney says it’s not a typical resolution for a case like this. EPD officers say Scholp was seen speeding and tried to pull him over. Scholp says he never saw them behind his car and when he got home he says the officers pulled into his driveway behind him and forced their way into his garage.

Body cam footage shows the moment when Scholp was confronted by police, then he says he was attacked, beaten and tased. He was charged with resisting law enforcement but he was acquitted after the police body camera video was released.

The Evansville police department and its officers involved have agreed to have a judgment entered against them. In a statement, EPD said in part “The city and its officers denied all claims of wrongdoing. However, the city used a rule of procedure to resolve the matter for an amount paid by the city’s insurance policy”.

Scholp’s attorney claims it was a case that was not settled but a case that was resolved through judgment. Attorney Scott Leroy Barnhart says, “The lawsuit was not dismissed. There was a judgment that was entered against the city of Evansville and the officer defendants so to that extent it was not a traditional settlement so to speak but the judgment was entered against the city of Evansville and the officer defendants for a monetary award. ” Attorney Barnhart says Scholp is only interested in moving forward with the case and does not want a similar situation to happen to anyone else.

Barnhart adds, “He was an elderly, disabled individual. This shouldn’t have happened to him. It’s not to say that there are other officers and bad people but they could probably use more training based on my experience in this case and from that standpoint. His interest and motivation is to let the public know.”

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New Law Results In DNA Matches To Old Criminal Cases

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By Abrahm Hurt
TheStatehouseFile.com

INDIANAPOLIS—Of the thousands of DNA samples that have been collected so far this year by the Indiana State Police, 244 have been matched with old, criminal investigations.

As of Jan. 1, 2018, Senate Enrolled Act 322 requires all felony arrestees to submit a DNA sample taken by a cheek swab along with fingerprints and photographs during the arrest.

“The immediate benefit is connecting more unknown samples to known samples so those police agencies can advance their investigation, make an arrest and get criminals off the streets so that they don’t victimize other people,” Capt. David Bursten, chief public information officer, said.

The DNA is collected at a local county jail, and the samples are then forwarded to the ISP Indianapolis Regional Laboratory for analysis and entry into the Combined DNA Index System.

CODIS is national database allowing state, local and federal law enforcement to exchange and compare profiles to help identify serial offenders, close unsolved criminal cases and exonerate the innocent. If a DNA profile matches a profile already in the system, it will produce what is called a “hit.”

“It’s the same system. It’s not a changed system,” Bursten said of the newly collected data. “This has been around for more than a decade and a half. All it is is a change to what’s permitted and put into the system.”

Prior to Jan 1, only convicted felons could have their DNA put into the system.

From January to March,12,705 samples have been collected. Of the samples, 3,330 are convicted offenders and 9,375 are felony arrest samples.

Of the 244 CODIS hits:

  • 46 hits attributed to the 3,330 new convicted offender samples collected Jan. 1 to March 31
  • 72 hits attributed to the 9,375 felony arrest samples collected Jan. 1 to March 31
  • 126 hits attributed to recently completed unsolved crime scene samples
  • Nine of the 126 hits are a case to case matches
  • The other 117 of the 126 are new case profiles that match offenders previously entered in CODIS

The first arrestee hit was on Jan. 14 and was matched to an unsolved rape investigation that began in 2016.

Bursten could not provide case-specific examples because the data is sent back to the contributing agencies to do they’re following up the investigation.

Rep. Greg Steuerwald, R-Avon, said the new law is producing positive results, and the rate of DNA matches is about four-times higher than what the state averaged prior to the new law.

“After just three months in effect, this new law is already proving it’s a useful tool in connecting felony arrestees to unsolved crimes,” Steuerwald said in a press release. “Investigators have matched over 200 DNA profiles to crimes across 44 counties throughout Indiana, and 23 other states.”

Bursten said in 2017 they input, on average, about 1,100 samples per month. In the first three months of 2018, they are inputting an average of 3,300 samples per month.

“We are very pleased with the results seen thus far and are confident more and more crimes will be solved with the combination of convicted and arrested person samples being matched in the CODIS program,” said Maj. Steve Holland, commander of the Indiana State Police Laboratory Division in a statement.

If a person is acquitted of all felony charges, the charges are downgraded to misdemeanors, all felony charges are dropped or no felony charges are filed within 365 days, the DNA is removed from the database.

However, it’s up to the person who was arrested to get the DNA sample erased from the database by submitting a form to the prosecutor requesting that it be removed. It is the prosecutor’s responsibility to submit that order to police and get it removed.

FOOTNOTE: Abrahm Hurt is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.

 

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