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Imprisoned Anderson attorney disbarred for theft from estates

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Olivia Covington for www.theindianalawyer.com

An Anderson attorney currently serving an eight-year prison sentence for misappropriating hundreds of thousands in estate funds has been disbarred.

The Indiana Supreme Court revoked Stephen Schuyler’s law license nearly one year after he pleaded guilty to 15 felony counts, including theft, in June 2017 in the Madison Circuit Court. Schuyler, 65, was sentenced to eight years in prison the same month for misappropriating funds from six supervised estates opened for probate in Madison County. The court’s disciplinary order, In the Matter of Stephen W. Schuyler, 18S-DI-184, says Schuyler’s theft from the six estates totaled at least $550,000, while the Associated Press reported misappropriation of more than $700,000.

Among Schuyler’s victims was East Lynn Christian Church, an Anderson church that was bequeathed more than $100,000 after parishioner Sarah Wilding died in April 2012. Schuyler was Wilding’s attorney, and his misconduct in handling her estate brought nearly $500,000 in misappropriations to light.

Wilding’s case prompted an Indiana Supreme Court Disciplinary Commission investigation, but Schuyler failed to comply with orders for accounting and to distribute assets. He also failed to appear at disciplinary hearings, prompting a bench warrant for his arrest.

The court imposed an interim suspension against Schuyler in October 2017 following his plea and sentencing. The Tuesday order disbarring Schuyler found he had violated these four Indiana Rules of Professional Conduct:

• 3.4(c), knowingly disobeying a court order;

• 8.1(b), knowingly failing to respond to a lawful demand for information from a disciplinary authority;

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• 8.4(b), committing criminal acts that reflect adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer, and;

• 8.4(c), engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.

In all, the Indiana Roll of Attorneys shows eight disciplinary actions have been opened against Schuyler, with two still pending.

“We find it particularly troubling that Respondent’s prior discipline also involved the theft of funds from a probate estate,” the court wrote in a footnote to the per curiam opinion, referencing a disciplinary case in which Schuyler allowed a paralegal to write unauthorized checks on an estate’s account. “Respondent’s lackadaisical supervision and remediation of his paralegal’s conduct take on a new light when viewed through the lens of his current misconduct.”

The only mitigating factors found in Schuyler’s favor were his acceptance of responsibility in the criminal and disciplinary actions against him and his eight-year criminal penalty.

“We have consistently disbarred attorneys who have committed similar misconduct,” the court wrote. “We unhesitatingly do so here as well.”

According to the Indiana Department of Correction, Schuyler is serving his sentence in the Pendleton Correctional Facility, and his projected release date is in June 2021.

Missouri State 10, Evansville 0

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The University of Evansville baseball team came into the MVC tournament riding the momentum of a hot streak at the plate. However, in Wednesday’s postseason opener, the Purple Aces ran into a red-hot hurler, and fell 10-0 to top seeded Missouri State.
Head Coach Wes Carroll sent out freshman pitcher Austin Ruesch to make the opening game start, and the right hander looked sharp in the opening frame. However, after getting the first two outs of the second inning with ease,Ruesch ran into trouble, walking the next batter. Then, Brooks Zimmerman tagged him for a 2-run home run to left, putting the 24th ranked Bears in front early. Missouri State would strike for two more in the third, building a 4-0 advantage.

Meanwhile, the Aces put runners on base, but couldn’t bring them home, stranding six runners in the first four innings, as the Bears starter, Dylan Coleman managed to get out of early jams.

Ruesch would bounce back to toss two more scoreless frames, keeping Evansville within shouting distance. However, in the sixth inning, Ruesch was chased from the game after giving up a leadoff triple and a walk. Senior reliever Ryan Brady took over, picking up a pair of outs, but allowing two more runs in the process. Brady would turn things over to senior left hander Hunter Porterfield. however his luck was no better, giving up four more tallies before finally picking up the third and finally out. The Aces went to the seventh down 10-0.

Evansville threatened in the top of the frame, loading up the bases on Coleman. However, the Aces couldn’t cash in and fell in run-rule fashion, 10-0.

The loss drops the Aces to 12-38 overall and 3-19 in the Missouri Valley Conference, while Missouri State improves to 36-15 on the season and 19-3 in the MVC.

Evansville will look to extend it’s season Thursday morning, when they face off against Southern Illinois in an elimination game back at Horner Ball Park. First pitch is at 9 am. The game will be streamed online on ESPN Plus, as well as 91.5 FM WUEV.

Evansville falls 5-3 to Windy City in second game of series

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The Otters dropped the second game of a three-game set against the Thunderbolts Wednesday afternoon by a final score of 5-3 at Standard Bank Stadium.

Evansville was the first to crack the scoreboard with three runs in the third inning. Toby Thomas opened the scoring with an RBI single and he was then brought home on a two-run homer from Jeff Gardner, his second of the year.

Windy City would answer immediately with four runs in the bottom of the frame to take the lead.

David Oppenheim singled through the right side to score Ishmael Edwards from second and provide Windy City with their first run.

A single from the next hitter Tyler Straub scored Oppenheim to pull Windy City within one run. The inning was capped off by Larry Balkwill who doubled home two runs to put Windy City in front 4-3.

The Thunderbolts extended their lead by one in the fifth when Ransom LaLonde walked with the bases loaded to force home a run.

The Windy City bullpen threw 4.1 innings of shutout baseball to secure the win 5-3 for the Thunderbolts. Devin Raferty came on in the ninth and pitched a 1-2-3 inning to secure his fourth save of the season.

Randy Wynne is handed his second loss of the campaign, his first as a starter. Wynne threw four innings, working into the fifth, and gave up five runs, four earned, while allowing eight hits and striking out two.

Windy City starter Patrick Ledet did not factor into the decision after throwing 4.2 innings and allowing three runs, all earned, on four hits and striking out six.

Chris DeRue picks up the win for Windy City out of the bullpen. DeRue threw 1.1 innings of shutout baseball recording two strikeouts.

For the rubber match of the series, the Otters will hand the ball to Patrick McGuff. McGuff is 2-0 with a 0.00 ERA on the season. McGuff tossed a complete game shutout last Saturday against Normal and has not allowed a run in his first 13 innings this season.

Windy City will counter with southpaw Jaramy Jacobs. Jacobs is 0-0 with a 3.60 ERA. Jacobs has started one game this season, taking a no decision after throwing five innings and allowing two runs.

Game three of the series will be exclusively on the Otters Digital Network presented by Kruckemeyer and Cohn. Sam Jellinek (play-by-play) will have the call for both contests.

The Otters will return home for a three-game series May 30-31 against the Florence Freedom. Wednesday, May 30 will be a doubleheader, starting at 5:05 p.m. and is Deaconess Hospital Skilled Nursing Facility Night. The series finale on May 31 starts at 6:35 p.m. and will be the first Thirsty Thursday of the season with special price drafts.
Fans can also follow Otters social media on Facebook, Twitter and Instagram for game updates throughout the day.

ADOPT A PET

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Jury Continues to Deliberate in Trial of Terrence Roach

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Jury Continues to Deliberate in Trial of Terrence Roach

As we speak they are now watching those videos in the courtroom and the hallway has been closed off. Roach is accused of kidnapping killing 19-year-old Aleah Beckerle in July 2016.

Terrance did not take the stand in his defense. This morning the defense called doctor James Jacobi who performed the autopsy on Beckerle to the stand. Two retired EPD officers, Tony Walker and William Arbough who were apart of the investigation took the stand.

During closing arguments. The defense attorney questioned evidence that Roach broke into Beckerle’s window, saying there were no signs of forced entry. Prosecutors showed jurors video of roach being interviewed by detectives and admitting to the crimes.

Beckerle’s family is here waiting for a verdict to be reached. Some members of her family are wearing shirts that say justice for Beckerle. Stay with 44News for the latest on when a verdict is reached.

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Otters shutout Thunderbolts 2-0

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The Evansville Otters took game one of a three-game series against the Windy City Thunderbolts at Standard Bank Stadium by a final score of 2-0 Tuesday evening.

Both starting pitchers, Luc Rennie for Evansville and Zac Westcott for Windy City, were strong through six innings as the game was scoreless going into the seventh inning.

Brandon Dulin broke the 0-0 deadlock in the top of the seventh with a solo home run, his first of the year.

The Thunderbolts had a chance to tie the game in the bottom half of the inning with runners at first and third, but a double play turned by shortstop Toby Thomas got Rennie and the Otters out of the jam.

Thomas then doubled the Otters lead in the top of the eighth with an RBI double, extending his hitting streak to 10 games.

Mitchell Aker entered and closed the game in the bottom of the ninth to earn his fifth save of the season.

Rennie tossed a strong seven innings, allowing just three hits and walking none while striking out six to earn his second win of the season.

Westcott was dealt a tough loss for Windy City after throwing seven innings, allowing five hits and just the one run while striking out 11.

The two teams will be back in action from Standard Bank Stadium at 10:35 a.m. Wednesday.

For game two, the Otters will turn to right-hander Randy Wynne. Wednesday will be Wynne’s first start of the year. In four appearances this season, Wynne has thrown 7.1 innings while allowing just two earned runs and striking out eight.

Wynne will go up against Thunderbolts’ southpaw Patrick Ledet. Wednesday will be Ledet’s third start of the season. In 14 innings this season, Ledet has allowed just one earned run and struck out nine hitters.

Games two and three of the series will be exclusively on the Otters Digital Network presented by Kruckemeyer and Cohn. Sam Jellinek (play-by-play) will have the call for both contests.

The Otters will return home for a three-game series May 30-31 against the Florence Freedom. Wednesday, May 30 will be a doubleheader, starting at 5:05 p.m. and is Deaconess Hospital Skilled Nursing Facility Night. The series finale on May 31 starts at 6:35 p.m. and will be the first Thirsty Thursday of the season with special price drafts.

Can you Identify this Car Thief?

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The Vanderburgh County Sheriff’s Office is trying to locate the car theft suspect pictured below. On May 14, 2018 at approximately 2:30 AM this suspect stole a car from a residence in the 3000 block of Aspen Drive. The vehicle was recovered nearby, but the suspect is still at large.

Click here to leave a tip or call 812-421-6297.

German American Bancorp, Inc. and First Security, Inc. Announce Definitive Merger Agreement

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German American Bancorp, Inc. and First Security, Inc. Announce Definitive Merger Agreement

OWENSBORO, KENTUCKY — German American Bancorp, Inc. (Nasdaq:GABC) (“German American”) and First Security Inc. (OTCQX: FIIT) (“First Security”) announced today that they have entered into a definitive agreement to merge First Security into German American. Upon completion of the transaction, First Security’s subsidiary bank, First Security Bank, Inc., will be merged into German American’s subsidiary bank, German American Bank.

Under terms of the definitive agreement, First Security common shareholders will receive a fixed exchange ratio of 0.7982 shares of German American common stock for each share of First Security in a tax free exchange, and a cash payment of $12.00 per First Security share. After completion of the merger, it is anticipated that a board member of First Security will be joining the board of German American. In addition, Michael F. Beckwith, President & CEO of First Security will assume the newly established role of Kentucky Divisional President.

Based upon the $35.08 per share 20-day volume weighted average price of German American’s common shares ending on May 18, 2018 (the valuation upon which the exchange ratio was established), the transaction has a value of $40.00 per First Security common share. Because a portion of the consideration to be received is German American’s common stock, the stock portion of the transaction value will fluctuate until closing together with the market price of German American’s common shares.

Based on First Security’s number of common shares currently outstanding and the anticipated conversion of First Security’s remaining convertible subordinated debt to common shares at closing, German American expects to issue approximately 2.0 million shares of its common stock, and pay approximately $31 million cash, for all of the issued and outstanding common shares and outstanding options of First Security. Based upon the $35.08 per share 20-day volume weighted average price of German American’s common shares ending on May 18, 2018, the transaction has an aggregate indicated value of approximately $101.0 million, with the total merger consideration being split between stock and cash on an approximate 70:30 basis.

Mark A. Schroeder, Chairman and CEO of German American, stated, “This merger with First Security represents a strategic opportunity for German American to expand our community-focused, customer- centric business model into the vibrant Kentucky metropolitan markets of Owensboro, Bowling Green, and Lexington. First Security has built a solid community banking franchise in these three distinct Kentucky markets in which German American can provide our extensive offerings of banking, insurance, and investment products and services to First Security’s current and prospective clients.

The combination of our two organizations provides an important entrance for German American into three of the largest Kentucky metropolitan market areas, and enhances German American’s existing presence in the Evansville, Indiana metropolitan market area, which is the third largest metropolitan market in Indiana and where we currently hold a significant and growing market share. We’re extremely excited about the multiple future organic growth opportunities this merger will afford our Company.”

Schroeder continued, “We expect that this strategic transaction will be accretive to German American’s earnings per share during the 12 months following completion of the transaction, and will have a quick tangible book value earn back. Following completion of the merger, German American’s pro forma capital ratios will continue to significantly exceed regulatory well-capitalized levels, enabling us to continue to take advantage of future organic and acquisition growth opportunities in Kentucky and throughout our existing Southern Indiana market area.”

Michael F. Beckwith, President & CEO of First Security, stated, “This partnership with German American will enable us to deepen and broaden the financial services we provide in all of our markets, and will provide great opportunity for both our customers and employees. Strategically and culturally, we are well aligned with German American, and through this partnership, German American is gaining a meaningful presence in Kentucky.

From a shareholder perspective, German American is one the nation’s best-performing community banking organizations, and their NASDAQ listed stock provides our shareholders with enhanced liquidity and trading volume. German American’s reputation, financial strength and capabilities will provide tremendous value to our customers, employees, communities and shareholders.”

The transaction is expected to be completed in the fourth quarter of 2018. Completion of the transaction is subject to approval by regulatory authorities and First Security’s shareholders, as well as certain other closing conditions. In connection with the definitive agreement, German American entered into voting agreements with the members of the Board of Directors of First Security and with certain of First Security’s principal shareholders, who collectively hold approximately 27% of the outstanding shares of First Security common stock. Subject to the terms and conditions of the voting agreements, these parties have agreed to vote their shares in favor of the transactions contemplated by the definitive agreement.

Sandler O’Neill & Partners, L.P. served as financial advisor on the transaction to German American and Bingham Greenebaum Doll LLP served as legal counsel.

Raymond James & Associates, Inc. served as financial advisor on the transaction to First Security, Inc. and Frost Brown Todd LLC served as legal advisor.

FOOTNOTES:
About German American

German American Bancorp, Inc., is a NASDAQ-traded (symbol: GABC) bank holding company based in Jasper, Indiana. German American, through its banking subsidiary German American Bank, operates 58 banking offices in 20 contiguous southern Indiana counties and one adjacent northern Kentucky county. The Company also owns an investment brokerage subsidiary (German American Investment Services, Inc.) and a full line property and casualty insurance agency (German American Insurance, Inc.). At March 31, 2018, German American reported total assets of approximately $3.1 billion, total loans of approximately $2.2 billion, and total deposits of approximately $2.5 billion.

About First Security

First Security, Inc., based in Owensboro, Kentucky operates 11 retail banking offices through its wholly-owned subsidiary, First Security Bank, Inc., with retail banking offices in Owensboro, Bowling Green, Franklin and Lexington, Kentucky and in Evansville and Newburgh, Indiana. At March 31, 2018, First Security had total assets of approximately $586 million, total loans of approximately $409 million, and total deposits of approximately $458 million.