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WorkOne, Toyota, VU Partner For GED Initiative

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A new initiative could help more people become qualified to fill well paying, in-demand jobs in southwest Indiana.

WorkOne Southwest, Toyota Motor Manufacturing, and Vincennes University are partnering to help people in Gibson and Vanderburgh Counties earn a GED.

Friday, those groups looked at the number of working-age adults in our area who still don’t have that certification. They say earning a GED can not only help people make more money but can also contribute more to the local economy.

Executive Director of WorkOne Southwest Jim Heck says, “Our hopes are that-that will build their skills if they don’t have a job now let them get into the workforce and if they already have a job let them get a better employment and build up their earning power.”

Toyota also announced a $15,000 grant to WorkOne for its free training program.

Tyrone Morris

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Attorney General Curtis Hill Reaches Settlement With Takata’s U.S. Subsidiary

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Attorney General Curtis Hill announced today a settlement with TK Holdings Inc., the U.S. subsidiary of Takata, over allegations that the company concealed safety issues related to airbag systems installed in a wide variety of vehicles. TK Holdings Inc. filed a bankruptcy case in Chapter 11 in June 2017, and its reorganization plan has been confirmed by the U.S. Bankruptcy Court for the District of Delaware. The consent decree and settlement agreement have been presented to that court for approval.

In addition to Indiana, the settlement with TK Holdings Inc. also is joined by the attorneys general of 43 other states and the District of Columbia. It concludes a multistate investigation into the company’s failure to disclose in a timely manner known safety defects associated with certain airbag inflators.

“Protecting the safety of Hoosier consumer is one of our top priorities,” Attorney General Hill said.  “We will always work to ensure that automakers and all others doing business in our state are held accountable for following our laws.”

Beginning in 2008, auto manufacturers issued multiple recalls of vehicles containing these airbag inflators in response to ruptures upon deployment of the airbag. More than 50 million airbags in more than 37 million vehicles have been recalled to date. Additional recalls are anticipated through the end of 2019, likely bringing the total number of affected airbags to 65-70 million.

The recalls involved the use of phase-stabilized ammonium nitrate (“PSAN”) to inflate airbags upon deployment. As the compound was exposed to heat and humidity over time, particularly in warmer and wetter parts of the United States, the propellant degraded. Consequently, upon deployment the inflator could rupture explosively, destroying the metal casing surrounding the propellant and spraying shrapnel into the vehicle’s passenger cabin. At least 20 people have died worldwide and hundreds more have been injured as a result of this defect.

The multistate action alleged that the company knew that the airbag inflator posed a safety defect because of testing failures, and in fact TK Holdings Inc.’s parent company pled guilty to manipulating testing data and submitting false and misleading reports to auto manufacturers. The company knew about several ruptures that occurred as early as 2004, but appropriate action to recall these unsafe inflators did not occur until November 2014. Despite this knowledge, the company failed to properly notify regulators and the public of the serious danger posed by this defect.

The states alleged that these actions were unfair and deceptive and that the automaker’s actions violated state consumer protection laws, including Indiana’s Deceptive Consumer Sales Act.

Under the consent decree and settlement agreement, TK Holdings Inc. and its successor, Reorganized TK Holdings, shall:

  • Not advertise or otherwise represent the safety of its airbag systems or phase-stabilized ammonium nitrate in any way that is false, deceptive, or misleading;
  • Not represent that its airbags are safe unless supported by competent and reliable scientific or engineering evidence;
  • Not falsify or manipulate testing data, or provide any testing data that the companies know is inaccurate;
  • Except as needed to fulfill its obligations under the various recalls, sell any airbag systems using PSAN as a propellant;
  • Comply with state and federal law as well as the NHTSA Consent Order and Coordinated Remedy Order; and
  • Continue to cooperate with auto manufacturers to ensure that replacement airbag inflators are made available as expeditiously as possible from all possible sources.

TK Holdings Inc. has also agreed to reimburse the multistate coalition for its investigative costs, and for the entry of stipulated civil penalty in the amount of $650 million. The multistate coalition agreed that, given the pending bankruptcy and the company’s inability to pay its debts, this penalty would be subordinated in order to maximize the recovery available to consumers who were victims of this airbag defect.c

THE SEEN AND THE UNSEEN By Jim Redwine

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GAVEL GAMUT By Jim Redwine

THE SEEN AND THE UNSEEN

Sometimes we see the damage after it has been done by kids to public property, such as library grounds and city parks. Usually we do not see the damage as it is being done to children by their neglectful or abusive caretakers. The financial and aesthetic loss to public property upsets us. The financial and psychic loss resulting from child neglect and abuse dwarfs the related juvenile vandalism.

Napoleon’s soldiers used the Sphinx for target practice and the Taliban destroyed priceless religious icons. Vandalism is neither new nor novel. Neither is child abuse and neglect. They have both been with us since Eve stole that apple and Cain were not sufficiently supervised. However, since America has become entangled in the opioid crisis we have seen an exponential increase in juvenile misbehavior and damage to those juveniles from the adults who are entrusted with their care.

In 2012 the State of Indiana’s Department of Child Services removed 8,897 children from their families. Only 5 years later 16,834 children had to be removed for their own care and safety or to protect others. The national average for child removals is 5.5 per 1000. Indiana’s removal rate is 13 per 1000. Of course, these figures only include the children who come to the DCS’s attention. There is little doubt the real need for child protection is a great deal higher.

Our state-wide crisis in needed intervention and provision of services such as food, shelter, education, counseling, clothing and medical care is so dire the state DCS Director, former Judge Mary Beth Bonaventura, just quit in despair in December 2017. As she left she told Governor Eric Holcomb who had to appoint her replacement that Indiana’s policies in DCS matters, “…[A]ll but ensure children will die.”

In response, the Governor has initiated a study to investigate the problems we face as a state in caring for our most vulnerable citizens. The Child Welfare Policy Practice Group, a non-profit agency located in Montgomery, Alabama, has been contracted to study Indiana’s problems and needs. Ms. Frieda Baker of that agency came to the Court last week to speak with me about our situation in Posey County.

I will bring you up-to-date in the next few weeks.

For more Gavel Gamut articles go to www.jamesmredwine.com

COA Upholds 2016 Murder Conviction

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Olivia Covington for www.theindianalwayer.com

A man convicted in the 2016 murder of his ex-girlfriend’s husband has lost his appeal before the Indiana Court of Appeals, which found the trial court did not err in excluding proffered evidence the man sought to admit supporting his self-defense claim.

In Zechariah James v. State of Indiana, 49A05-1708-CR-1792, Zechariah James and Danitra Johnson had a daughter together before the couple broke up and Johnson married Antoan Johnson. The parties had a difficult relationship, but it improved to the point where James’ ex-girlfriend helped him purchase a vehicle and listed her name on the bill of sale.

James used the vehicle to drive to a nightclub on April 10, 2016, when his car was towed. James was permitted to retrieve the bill of sale from his car, but he also retrieved his gun. When the staff at the tow yard learned Danitra’s name was listed on the bill of sale, they would not release the vehicle to James.

Thus, James tried to reach his ex-girlfriend multiple times, but she refused to respond given the late hour. James eventually called Antoan and asked for Danitra’s help, but became angry when Antoan told him he would have to pay for their assistance.

James told Antoan he “was going to pull up on him,” so the couple tried to leave their home. However, James arrived at the home as they were leaving, so the Johnsons agreed to accompany him to the tow yard with a plan to evade him in their own vehicle.

After making a sudden U-turn, the couple believed the vehicle James was in had continued to the tow yard. However, James soon appeared at their car window with his gun, entered the vehicle and shot Antoan multiple times in the back, killing him.

Danitra fled and called police, and the state charged James with murder and Level 4 felony unlawful possession of a firearm by a serious violent felon. At a bifurcated trial on the murder charge, James claimed self-defense and sought to introduce evidence that Antoan had threatened to kill him in 2014. The Marion Superior Court, however, excluded that evidence as not relevant, and James was found guilty.

The Indiana Court of Appeals upheld James’ conviction on Friday, with Judge Cale Bradford writing that the alleged threat was made two years prior to the murder and at a time when the parties had a contentious relationship. Considering the amount of time that had passed and their improved relationship, Bradford said the alleged threat was too remote to be relevant to James’ self-defense claim, so the trial court did not err in excluding it.

Eagles Cruise To By The Griffons, 8-1

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Eagles Cruise To By The Griffons, 8-1

BOX SCORE (HTML)
Southern Indiana 8, Missouri Western St. 1 (Mar 02, 2018 at Evansville, IN)
----------------------------------------------------------------------
Missouri Western St. 100 000 000  -  1  7  3      (5-9)
Southern Indiana.... 600 000 02X  -  8 10  0      (5-2)
----------------------------------------------------------------------
Pitchers: Missouri Western St. - Dwyre,Carson; Wiger,Chase(5); Richards,Kellan(5);
Carroll,Trever(7) and Miller,Michael. Southern Indiana - Krizan, Austin; Graham, Blake(8) and
Brown, Logan.
Win-Krizan, Austin(1-0)  Loss-Dwyre,Carson(2-1)  T-2:26  A-363

Next Game: Missouri Western State University; 3/3/2018 – 1 p.m.; Live Stats; Watch Live

EVANSVILLE, Ind. – The 16th-ranked University of Southern Indiana baseball team scored six runs in the first and junior right-hander Austin Krizan (Mt. Vernon, Indiana) pitched seven strong innings as the Screaming Eagles defeated Missouri Western State University, 8-1, to start a three-game series Friday afternoon at the USI Baseball Field. USI watched its record go to 5-2, while Missouri Western State went to 5-9.

The Screaming Eagles continue Saturday at 1 p.m. and conclude Sunday with a noon first pitch. Coverage for the games can be found on GoUSIEagles.com.

After spotting the Griffons a first-inning run, the Eagles exploded for six runs in the bottom half of the frame to take command, 6-1. USI plated the six runs on six hits and took advantage of three Missouri Western State errors.

USI would seal the victory with a pair of runs in the eighth on an RBI-double by senior first baseman Nick Gobert (Jasper, Indiana) and an RBI-single by freshman shortstop Ethan Hunter (Terre Haute, Indiana). Gobert finished the game with a team-high two RBIs and three hits.

On the mound, Krizan (1-0) posted his first win of the year with seven strong innings of work. The junior right-hander allowed one run on seven hits and one walk while striking out eight.

Our 40th Annual Maple Sugarbush Festival Is This Weekend

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Our 40th Annual Maple Sugarbush Festival Is This Weekend
We welcome you to join us for this local tradition of discovery and fun in the Wesselman Woods Nature Preserve!

Our 40th Annual Maple Sugarbush Festival is this weekend! Bring the family to enjoy a hearty breakfast, including sausage, all-you-can-eat pancakes with pure Indiana maple syrup, and juice, milk, and coffee. After breakfast, take a guided tour through the woods to observe how sap is harvested from the sugar maple trees, and then visit the sugar shack to witness the process of boiling the sap into pure, delicious maple syrup.

Kids activities and animal encounters add to the festivities. Maple confections will be for sale as well!

Skip the line by getting your tickets in advance!

ADOPT A PET

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2-yr-old male gray tabby tuxedo. His $40 includes his neuter, microchip, vaccines, and more. Contact Vanderburgh Humane at (812) 426-2563 for details!

Gov. Holcomb Declares Disaster Emergency for Four Additional Counties, 26 Total Included

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Declaration allows emergency management to mobilize resources

INDIANAPOLIS – Gov. Eric J. Holcomb today added four counties to the disaster emergency he declared Feb. 24, Feb. 26 and Feb. 27 in response to widespread flooding and infrastructure damage caused by sustained heavy rainfall. The governor signed a new executive order today to include Jackson, Kosciusko, Newton and Porter counties—in addition to Harrison, Jasper, Ohio, Pulaski, Benton, Clark, Crawford, Floyd, Jefferson, Spencer, Warrick, Carroll, Dearborn, Elkhart, Fulton, Lake, Marshall, Perry, St. Joseph, Starke, Switzerland and White counties—making 26 total counties covered by this disaster emergency declaration so far.

The disaster declaration means the state Department of Homeland Security can take necessary actions to provide expanded emergency services and is a step the state is required to take to request assistance from the federal government.

The State Emergency Operations Center (EOC) was activated Thursday morning last week and continues to maintain a statewide operating picture concerning the status of the ongoing flooding and respond to requests for assistance from local officials. The EOC has directly assisted counties by coordinating the delivery of over 824,000 sandbags, two water pumps, heavy equipment and vehicles, labor crews, traffic control, UAV photography, and subject matter expertise on disaster response and recovery.

The Department of Homeland Security announced today that it will open three one-stop state assistance centers in northern Indiana on Monday, March 5 in Lake, Jasper and Elkhart counties. State services will be offered by several state agencies in partnership with the American Red Cross as well as the Voluntary Organizations Active in Disaster Group and will include housing support, social services, unemployment insurance, insurance information, public health information, transportation assistance, agricultural assistance and more. For more details on these state assistance centers, visithttps://calendar.in.gov/site/dhs/event/state-assistance-centers-opening-in-northern-indiana-to-assist-flood-impacted-hoosiers/.

The State EOC will continue operating, monitoring the status of the ongoing situation and providing support and resources across the state.

This week, the governor toured flood damage in Clark, Jefferson and Dearborn counties. On Friday last week, he toured Elkhart and St. Joseph counties, learning about the flood damage and engaging with local emergency response teams.

 

Stellar Pitching Leads UE Softball To Friday Wins

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Aces Go 2-0 In Day One

The opening day of the Hilltopper Spring Fling was a good one for the University of Evansville softball team as the Purple Aces defeated Austin Peay by a 4-1 final before shutting out Dayton, 1-0, to wrap up the day.

“Our pitching staff was outstanding today!  All of our pitchers did a great job to keep the offenses off balance,” Aces head coach Mat Mundell said.  “Offensively, we were able to do enough to win both games.  We made some adjustments this week and I am glad to see if translate into wins.”

Morgan Florey made the start in game one and had one of the best outings of her career, striking out 18 Austin Peay batters.  It was her career-high.  Evansville’s offense raked up 13 hits with Allison Daggett leading all players with three.  Brittany Hay, Eryn Gould, Florey and Lindsay Renneisen each had two apiece.

UE’s offense scored the opening run of the game in the first inning when Elyse Hickey singled to right to plate Daggett.  Single runs would later score in the second and third frames.  Florey opened the second with a single and would later score on a Hay base knock.  The run in the third was brought home off a Renneisen single.

Evansville put the icing on the cake in the bottom half of the sixth when Hay notched a 1-out triple before scoring on another Daggett single.  The Governors rallied in the seventh, finally scoring a run and leaving two runners stranded before Florey closed the door to help the Aces win by a 4-1 final.

In game two, Jaime Nurrenbern and Ashleigh Downing put on another pitching clinic, combining to hold Dayton to just three hits in a 1-0 shutout.  Nurrenbern allowed one hit through four innings while Downing tossed the final three frames, giving up just two hits.

The run for the Aces scored in the top of the sixth as Hickey had another productive at-bat, scoring Brittany Hay.  That was the game-winner as Downing finished the game with a scoreless seventh inning.

Tomorrow, Evansville takes on host Western Kentucky in a 12:30 p.m. game with the time and opponent for the second contest to be determined.