Association of Indiana Prosecuting Attorneys President Richard J. Hertel, Ripley County Prosecutor, issued the following statement concerning the federal initiative to stop opioid abuse and reduce drug supply and demand:
“The federal plan presented this week offers a comprehensive approach to an epidemic that threatens the well-being of all Americans. Indiana Prosecutors look forward to working with our federal partners to eliminate this scourge and improve the lives of all Americans.â€
Dave Stafford for www.theindianalawyer.com
While agreeing that water flowing from a neighbor’s property after the construction of a new home on higher ground “wreaks havoc†on the property below, a trial court’s decision that the owner of the lower ground has no right of action was affirmed Thursday by the Indiana Court of Appeals.
The dispute in N.G. Hatton Trust v. Robert D. Young and Ellen M. Young, 92A03-1708-PL-1818, arises from a case involving neighboring property on Shriner Lake in Whitley Country in northeast Indiana. The trust has owned a property next to the Youngs’ parcel since 1999. In 2006, the Youngs built a new house on their land further up a hill. They also raised ground on part of their property.
“During and after heavy rains, since the construction of the Youngs’ new home, water flows across their driveway before accumulating in a rock bed. The water then crosses the property line, causing damage to the Trust’s concrete sidewalk and stairs as it travels downhill to the lake. … In addition, fill, including rocks, mud, and sediment, from Young’s construction washed onto the Trust’s property,†Judge Cale Bradford wrote.
In 2011, the trust sued the Youngs, claiming negligence and/or negligence per se, which the Youngs denied. The Youngs also raised the common enemy doctrine that applies to surface water as an affirmative defense.
Whitley Superior Judge Pro Tem Brad Voelz ruled for the Youngs last year. He found that while water and sediment running from their property “wreaks havoc†on the trust’s land next door, it only occurs after heavy rains. Moreover, the Youngs were not “collecting, concentrating, and casting it in a body upon†the Trust’s property. Pursuant to the common enemy doctrine, the Youngs had no duty to construct their home in any different manner, therefore voiding any negligence claim by a trust. The trial court also rejected the trust’s argument that a violation of the zoning ordinance created a private right of action for negligence per se.
The Court of Appeals affirmed the trial court on both conclusions.
“We recognize that the application of the common enemy doctrine, in this case, may appear harsh. However, the law in this area is well-settled,†Bradford wrote, citing Argyelan v. Haviland, 435 N.E.2d 973, 977 (Ind. 1982). The firm defense of the common enemy doctrine noted in Argyelan holds that while the doctrine may inflict hardships, it’s also a well-understood precept that has continued to work satisfactorily if water continues to run downhill.
The panel quotes Argyelan: “Although courts should not be slow to respond to changing conditions, changes in the established law are not warranted simply because it is imperfect.â€
Justin Elpers
City Council 5th Ward
ECHO statement:
“I will ask the council to suspend the rules at our next city council meeting on April 9th and request we vote on the following Finance Ordinance.â€
1. Â Withhold 2018 appropriated ECHO funds
2. Â Receive an independent audit from ECHO
3. Â ECHO provides evidence and procedures that will prevent fraud in the future
“If these items are provided and it displays ECHO in good financial health then the council will release the 2018 funds.â€
EPD To Conduct FormaI Investigation Into The Alleged Misuse Of ECHO Housing Funds By Former Director
presented by EPD Sergeant and Communication Officer Jason CullumÂ
Earlier today, we began a formal investigation into the alleged misuse of ECHO Housing Corporation funds by Stephanie TenBarge.
Although many crimes require a cooperating victim for an investigation to proceed, there are exceptions. Due to particular circumstances, in this case, society has been listed as the victim. ECHO has been listed as an involved party. Those classifications can be changed as need depending on how the investigation proceeds. At this time, there is no additional information to release on the investigation itself.
We do, however, want to provide a timeline of events as they pertain to the Evansville Police Department.
At the time of the discovery of the misused funds, The ECHO Board of Directors consisted of several members, including EPD Officer Eric Krogman. Officer Krogman had been a board member for approximately I year prior to the disclosure of the misused funds. His primary role on the board was to address Crime Prevention issues at ECHO owned properties
On 02-24-18 Officer, Krogman received an email from ECHO Board President Roy Dane Chandler. The email read
Eric,
Can you please give me a call when you get this e-mail. It is regarding a sensitive matter concerning Echo Housing. My cell number is *********.
Thanks,
Dane
On Monday, February 26th, Officer Krogman spoke to Mr. Chandler about the misuse of funds.
Later that day, as required by EPD policy, Officer Krogman notified his supervisor that he had received information about a possible felony crime.
His email read-
Sarge,
I was contact today by Roy Chandler who is on the Echo Housing Board along with me and works at 5/3rd Bank. He said that it was brought to his attention that looking through the Echo financial information that there could be a possible misappropriation of funds by Echo Housing Corporation’s Executive Director Stephanie TenBarge. He said it looks as though it’s possible that TenBarge paid her property taxes with Echo Housing funds among other issues. They are looking into payroll and expense account reports too. I suggested that he let our financial crimes unit look at it as well. He said he is meeting with attorney Scott Wiley who specializes in non-profits later today. I wanted to let you know this encase it would get to the point on the board voting on terminating her or some other form of discipline. Also if it would come to that point should I abstain from voting on that issue? They would have quorum without me.
Thanks,
Eric Krogman, CPD
Over the next days and weeks, despite a repeated request to file a police report, ECHO excluded the EPD from any official involvement into the matter. That decision put Officer Krogman in a moral and ethical situation that he felt he needed to remove himself from.
On March 8th, officer Krogman resigned from the ECHO Housing Corporation. His email to the board members read-
I would like for this e-mail to serve as my official resignation from the Board of Directors for Echo Housing Corporation. I do not feel comfortable continuing to sit on the board after recent events and the way in which they were handled. I have an oath
I have taken and was asked to ignore it for the sake of the board which is something I cannot and will not do.
Respectfully Submitted,
Eric Krogman, CPD
While we do not have enough info to say how much money was misappropriated or where the money came from, we do know ECHO receives money from local and federal sources. In the interest of transparency and accountability, we feel it is appropriate to use our available resources in this case.
FOOTNOTE:  The information presented at the EPD press conference was sent to us by EPD Sergeant and Communication Officer Jason Cullum.Â
MARCH 22ND, 2018Â 
 JOJO GENTRY EVANSVILLE, INDIANA, UE
McCarty tells Sports Director JoJo Gentry that he will be the next head men’s basketball coach at UE. McCarty, a Harrison High School graduate, wrapped up his interview with UE Director of Athletics Mark Spencer and others Wednesday.
McCarty comes to UE from the Boston Celtics, where he was hired as an assistant coach in 2013.
Fellow Harrison graduate Calbert Cheaney, and the former University of Southern Indiana standout David Ragland, also interviewed for the job on campus earlier this week.
Cheaney texted Gentry the following statement regarding McCarty’s abilities to lead a college basketball program:
“He would be a wonderful college head coach. He’s a great guy with great character. I think he would do a great job in leading a college program.â€
During McCarty’s time at Harrison, he was named the 1992 Evansville Player of the Year, and to the Indiana All-Star basketball team. He also guided the Warriors to their first sectional championship in program history as a senior in 1992. The team also won the city and conference titles that year. McCarty was a multi-sport athlete at Harrison, finishing second overall in the 800 Meters at the IHSAA Track and Field state finals.
McCarty went on to play college basketball at the University of Kentucky, where he led the Wildcats to an NCAA title in 1996. Following that historic run with UK, McCarty was selected in the first round of the NBA Draft by the New York Knicks. He went on to play for the Boston Celtics, Phoenix Suns, and Los Angeles Clippers. After ten years of playing in the NBA, McCarty coached under Rick Pitino at the University of Louisville for three years. In 2010, he spent one year as an assistant coach with the Indiana Pacers.
FOOTNOTE: Follow JoJo Gentry on Twitter for the latest: @JGentry44News.
The No. 3-ranked Indiana University men’s swimming and diving team began competition at the 2018 NCAA Championships on Wednesday night at the Jean K. Freeman Aquatic Center in Minneapolis, Minn. in record fashion.
The Hoosier 800 freestyle relay team of Blake Pieroni, Mohamed Samy, Vini Lanza and Ian Finnerty took second place with a Big Ten and IU school record time of 6:06.01. The runner-up relay finish is the best for the Hoosiers at the NCAA Championships since winning the 800 free relay in 1975.
The quartet eclipsed the previous records they set in the event last month at the Big Ten Championships by over five seconds.
Leading off for the Hoosiers, Pieroni became the first swimmer in history to break the 1:30 mark, setting the American, NCAA, NCAA Meet, U.S. Open, Big Ten, school and pool records with his blistering time of 1:29.63.
The senior will swim in three individual events at the NCAA Championships, entering as the No. 2 seed in the 200 freestyle and the No. 4 seed in the 100 freestyle.
The No. 3-ranked Indiana University Hoosiers will continue competition at the 2018 NCAA Championships on Thursday morning with the prelims of the 200 freestyle relay, 500 freestyle, 200 IM, 50 freestyle and 1-meter dive. Action gets underway at the Jean K. Freeman Aquatic
The University of Southern Indiana baseball team scored 11 times in the first three frames and cruised to a 16-5 victory over the University of Missouri-St. Louis in a non-conference game Wednesday afternoon in St. Louis, Missouri. USI watches its record go to 8-9 overall, while UMSL goes to 8-10 in 2018.
The Screaming Eagles took command from the first pitch, scoring five in the first, four in the second, and two in the third to lead 11-1. USI, which reached double-digits in runs for the first time this season and led by as many as 13 runs during the contest, finished out the scoring with one in the fifth and sixth and three in the eighth.
The Eagles’ offensive surge was led by senior first baseman Drake McNamara (Mt. Vernon, Indiana) and junior catcher Logan Brown (Mt. Vernon, Indiana). McNamara finished the game four for four with two runs scored, three doubles, and four RBIs, while Brown was two for four with four RBIs. McNamara’s four hits tied a career-best and Brown’s four RBIs established a new career-high.
On the mound, USI junior left-hander Chase Partain (Evansville, Indiana) went the first three frames for the Eagles. Partain allowed two runs on six hits and a walk, while striking out two.
Senior designated hitter/pitcher Nick Gobert (Jasper, Indiana) followed for the next four frames to earn the win. Gobert (1-2) allowed one run on four hits and a walk with four strike outs.
The final two innings went to sophomore left-hander Trevor Salmon (Noblesville, Indiana) and sophomore right-hander Jordan Kelly (Carbondale, Illinois). Salmon threw a scoreless eighth inning, while Kelly finished the game by allowing two runs in the ninth.
The Eagles return to the USI Baseball Field this weekend to start a 13-game homestand that will span March 24 to April 11. The start of the homestand also is the beginning of the 2018 GLVC slate when the University of Illinois Springfield comes to Evansville for a four-game slate on March 24-25.
USI leads the all-time series with Illinois Springfield, 20-4, after taking three of the five games last season. The Eagles took three of four on the road versus the Prairie Stars in Springfield, Illinois, but lost the meeting in the GLVC Tournament in Springfield, Missouri. McNamara and junior second baseman Jacob Fleming (Evansville, Indiana) batted over .500 in the five games with the Stars, hitting .545 (6-11) and .533 (8-15), respectively. Brown tied for the team lead with four RBIs.
The governor signed 40 bills today, including SEA 52 regarding CBD oil and SEA 419 regarding professional licensing for DACA recipients. The governor offered the following comments upon signing these bills:
Statement on SEA 52
“Indiana lawmakers delivered a bill that ensures Hoosiers who benefit from CBD oil can access it. The bill provides much needed clarity, with labeling requirements and a 0.3% THC limit on CBD products. I’m grateful for the General Assembly’s hard work to bring me a bill to address the needs expressed by our citizens.â€
Statement on SEA 419
“I support removing impediments in state law that keep Indiana’s DACA recipients from skilling up and going to work. Many thanks to Indiana lawmakers for taking swift action to address this issue.â€
You can view more details at the 2018 Bill Watch webpage: http://in.gov/gov/2966.htm.
