Felony Cases Filed By The Vanderburgh County Prosecutor’s Office
 Below are the felony cases to be filed by the Vanderburgh County Prosecutor’s Office a couple of days ago.
Justin Matthew Curlee: Carrying a handgun without a license (Level 5 Felony)
James Oather Capps II: Theft (Level 6 Felony)
James Alan Smith: Domestic battery resulting in bodily injury to a pregnant woman (Level 5 Felony)
Mario Stephon Morris: Criminal mischief (Level 6 Felony)
Jonathan Michael Walters: Strangulation (Level 6 Felony), Domestic battery (Class A misdemeanor)
Armador Esquvell Alonzo III: Criminal trespass (Level 6 Felony), Invasion of privacy (Class A misdemeanor)
Johnny Wendel Dekadente Jr.: Resisting law enforcement (Level 6 Felony), Possession of a synthetic drug or synthetic drug lookalike substance (Class A misdemeanor)
Kenneth Ray McDougle Jr.: Intimidation (Level 5 Felony), Domestic battery resulting in bodily injury to a pregnant woman (Level 5 Felony), Intimidation (Level 5 Felony), Domestic battery (Level 6 Felony)
Aaron Douglas Bellamy Jr.: Invasion of privacy (Level 6 Felony), Resisting law enforcement (Class A misdemeanor)
Claims Of Man Who Lost Eye Proceed Against Toolmaker
Dave Stafford for www.theindianalwyer.com
A man who lost an eye after a cut-off disc on a pneumatic grinder he was using disintegrated and struck him in the face may proceed with his claims against the toolmaker, the Indiana Court of Appeals ruled.
Paul Johnson was using a Campbell Hausfeld TL1120 grinder, an air-powered handheld tool designed to grind, polish and debur surfaces including metal. The tool included warnings for users to use eye protection and to ensure attachments are tightly secured and properly rated for minimum RPMs before using them with the device. Failure to do so could result in injury or death, the warnings said.
While the grinder was not specifically designed for cutting, Court of Appeals Judge Robert Altice wrote that its instructions referenced that potential use, stating, “Do not use a cut-off disc mandrel on this tool unless a safety guard is in place.â€
Johnson installed a cut-off disc with a mandrel as he was cutting around a vehicle headlight housing. While he did not use a safety guard — which Altice noted was not supplied with the tool — he was an experience tool handler who wore prescription glasses with safety glass as he worked in a tight space.
Nevertheless, when the cut-off disc disintegrated, it struck Johnson in the face, broke his glasses and seriously injured his cheek and eye, which he later lost as a result. He brought this product-liability case in which the COA on Friday reversed Porter Superior Court’s partial grant of summary judgment in favor of Campbell Hausfeld.
The toolmaker argued on appeal it was entitled to summary judgment on all Johnson’s claims, while Johnson contended Campbell Hausfeld wasn’t entitled to summary judgment on his defective design claim as the trial court found, or on his failure to warn claim. The COA agreed with Johnson.
“Campbell Hausfeld is not entitled to summary judgment based on any of its asserted statutory defenses,†Altice wrote for the panel. “Moreover, the designated evidence establishes a genuine issue of material fact regarding whether Campbell Hausfeld provided adequate warning concerning the use of the Grinder with a cut-off disc, especially where the operating instructions imply that the Grinder may be used as a cut-off tool. Finally, we conclude that Campbell Hausfeld has failed to establish its entitlement to summary judgment on the defective design claim. The trial court, therefore, improperly granted summary judgment on the defective design claim.â€
FOOTNOTE: The case is Campbell Hausfeld/Scott Fetzer Company v. Paul Johnson, 64A03-1705-CT-984.
HOT JOBS IN EVANSVILLE
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Local Law Makers Discuss Upcoming 2018 General Assembly
The social vices of drugs, alcohol, and tobacco could take center stage at this year’s Indiana General Assembly. Lawmakers are set to convene Wednesday. even though this is supposed to be a short session, the legislature has a lot of issues to address.
Conversations surrounding various social vices will continue to banter between local law makers in 2018. Republican State Representative Holli Sullivan predicts the major topic will most likely center around modernizing Sunday alcohol sales. However it won’t be until January 9th when the General Assembly will see all of the different versions of alcohol code revision. Sullivan says, “Obviously Sunday sales will be the topic… our Chairman Ben Smaltz in the house will probably file a bill to allow Sunday sales in a form between 12 and 8 pm.
Sullivan mentions the General Assembly will only have a short session and believes there won’t be enough traction to legalize marijuana for recreational use.
Yet there is a bill that could legalize the sale of CBD oil that has already been filed by Senator Jim Tomes and with recent controversy over the oil – it’s bound to be a hot topic this legislative session.
Sullivan says, “I do think yo will hear more the topic being centered around CBD oil. The last session in 2017 we passed legislation that will allow CBD oil registry and that registry is for Hoosiers who are either suffering from epilepsy or are caregivers for those who suffer from epilepsy.â€
And another issue that isn’t just known to the tri-state – the opioid epidemic will also be another hot topic. Sullivan says there are 100 hoosiers overdosing in the state of Indiana each month. That is a 600 percent increase in overdose deaths since 1999, placing Indiana as the 17th leading state in overdoses.
Sullivan says she will be working closely with the Govenor’s office and the Indiana State Department of Health to solve the crisis.
State Representative Wendy McNamara mentions “We’ve looked at it from a pharmacy perspective, we’ve looked at it from a longer jail time we are focusing on those people who are doing the criminal aspect of it and trying to heal those folks who have become addicted to it.â€
CALIFORNIA WILDFIRES, HORSES AND CELEBRITIES
The fire is most dire in my neighborhood today. At 12:30pm today it is very close. I hear that there are fire crews stationed at every house in my neighborhood. Here’s my most recent report …
The fire danger is much worse today, and the evacuation areas were broadly expanded westward and into the city of Santa Barbara. Here’s the new map (my house is in area MTO2, North of highway 192 and East of Parma Park on the evacuation map): http://bit.ly/2CHfaTu
That said, the giant #ThomasFire has given firefighters an unusual week’s warning to assemble and deploy an army of firemen, and time to prepare battle plans – something that didn’t happen in the recent, faster moving Northern California fires. Their first plan failed yesterday as the fire crossed their defensive lines, moving West at San Ysidro canyon, just to the east of us.
The Santa Ana winds will be kicking up dramatically today and tomorrow, in our direction, which is why it looks dire today. Here’s the satellite hotspot map but it currently shows the fire location from yesterday: http://projects.sfchronicle.com/…/interactive-map-southern…/
There is a mandatory evacuation now in my neighborhood in Montecito, California, as the huge Thomas Fire creeps closer, filling the air with acrid smoke and dusting everything with ash. The evacuation order is expected to last through the week. The fire has already claimed over seven hundred homes.
I’m a political cartoonist and my house is filled with my own art and a big collection of cartoon artwork from my colleagues. My son and I got back into the house on Monday to grab more family photos, papers and artwork. I saw that many of my neighbors had the same idea. I took the opportunity to water the yard, clean the rain gutters and move things away from the house – things that probably made little difference, but relieved my stress. My house is still filled with artwork as the fire bears down.
I was raised in Montecito. I inherited the house my schoolteacher mother bought in 1964 for $28,000, an amount that seems ridiculous by today’s standards. Montecito is filled with normal working people who have lived in the neighborhood for decades as property values soared, helped by the low property taxes of California’s Proposition 13. It was a normal place in my childhood, now Montecito is expensive, known as the place where Oprah Winfrey has a house, along with a long list of other Hollywood notables. I don’t know where those celebrities live. They don’t come by to say “hello.â€
In 1977 my mother’s house burned in the Sycamore Canyon Fire that claimed around 250 homes; she chose to rebuild. Why do people rebuild after a fire? Because it is home, and after a disaster we see mistakes with what seems to be clarity. The house had a wood shake roof, and the 1977 fire seemed to claim only houses with wood shake roofs. Now the house has a concrete roof, no attic vents and a concrete yard. We have regular inspections by the local fire department and we follow their advice, but today’s superfires seem to claim anything in their paths, no matter what roofs are made of, and no matter what advice is followed.
I was a college student, living at home when the 1977 fire suddenly swooped in. I watched as the news media was filled with reports of horses in danger and rich celebrities fleeing their homes. I remember a segment sometime later, on Britains’ popular Spitting Image TV show, a cartoonist’s favorite, where screaming celebrity caricatures were running around, engulfed in flames as the audience roared with laughter.
The media’s trivial obsessions had a tangible effect in 1977. President Jimmy Carter refused to declare Santa Barbara and Montecito a federal disaster area, noting that the people here are wealthy and can take care of themselves. A disaster declaration would have meant that my mother and I could have lived in a FEMA trailer for a year, while our house was being re-built.
A few months later there was a similar fire in Malibu; for some reason, the media didn’t focus on celebrities that time and Carter declared a federal disaster area, even though the average income of the Malibu fire victims was higher than the income of victims of our Montecito fire. Media coverage made all the difference with Carter.
The new tax bill, that Congress may soon pass, takes away the deduction for losses that fire victims suffer. There is little sympathy for celebrity fire victims. Horses get more sympathy, and they don’t file income taxes. Perhaps people who rebuild in fire prone areas get the least sympathy of all.
I fear we’ll see the same international media response if the wind shifts in the next few days. The dry brush of celebrity schadenfreude is ready to burn … along with my mother’s house.