The victim from last night’s homicide investigation has been identified as D’Angelo White, age 28, of Evansville. He died at St. Vincent Hospital at 18:43. An autopsy has been scheduled for today at 18:00 Hrs. The Evansville Police Department can provide updates as to the ongoing investigation.
Holcomb Public Schedule for January 2 and January 3
INDIANAPOLIS – Below find Indiana Governor Eric J. Holcomb and First Lady Janet Holcomb’s public schedule for January 2 and January 3, 2018.
Tuesday, January 2, 2018: Indiana National Guard 38th Sustainment Brigade Departure Ceremony
WHO:Â Â Â Â Â Â Â Â Â Â Â Â Â Gov. Holcomb
First Lady Holcomb
WHAT:Â Â Â Â Â Â Â Â Â Â Â Gov. Holcomb will give remarks.
WHEN:Â Â Â Â Â Â Â Â Â Â Â 6 p.m., Tuesday, January 2
WHERE:Â Â Â Â Â Â Â Â Â Kokomo Event Center
1500 N. Reed Rd.
Kokomo, IN 46901
Wednesday, January 3, 2018: 14th Annual Statehouse Prayer Service
WHO:Â Â Â Â Â Â Â Â Â Â Â Â Â Gov. Holcomb
WHAT:Â Â Â Â Â Â Â Â Â Â Â Gov. Holcomb will offer a brief prayer during the service.
WHEN:Â Â Â Â Â Â Â Â Â Â Â Noon, Wednesday, January 3
WHERE:Â Â Â Â Â Â Â Â Â Indiana Statehouse
200 W. Washington St.
Indianapolis, IN 46204
South Atrium
IS IT TRUE JANUARY 2, 2018
We hope that todays “IS IT TRUEâ€Â 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?â€
IS IT TRUE It’s no secret that both republican County Commissioners would like to be the next president of the  Vanderburgh County Commission? …that Democrat Ben Shoulders vote will determine who be the next President of the Vanderburgh County Commission?  …this a developing story?
IS IT TRUE that Illinois is experiencing a self-inflicted storm of fiscal distress?…the state’s unemployment rate is higher than the national average, and it’s losing jobs at a furious pace across all employment sectors?…Last year, Chicago Mayor Rahm Emanuel added a 30 percent tax on water and sewer bills to raise revenue for the Municipal Employees Pension Fund?…He now seeks a 28 percent increase in a monthly tax on phone bills in order to fund the Laborers Pension fund?
IS IT TRUE Illinois lawmakers have pushed soda taxes and taxes for indoor plumbing, and the city is also looking to aggressively issue fines for everything from illegal panhandling and illegal parking to noise violations, street peddling, failing to shovel snow and operating a business without a license?…Illinois is a financial basket case — which is what you get when you combine political patronage with powerful public-sector unions that control leftist politicians?
IS IT TRUE the state of Illinois should be a case study for other jurisdictions on how not to conduct public policy?…All elected officials who treat their constituents like a mindless ATM machine need to concern themselves with who will pay the bills when the taxpayers flee?
IS IT TRUE that while the State of Indiana seems to be run with financial responsibility? ..we may have tax reform on a federal level that is poised to leave more money in the pockets of 91% of the population but at home the motto should be “That which Trump giveth, local government Taketh Away?”…between the 20% increase in Vanderburgh County income taxes, the double digit increase in water and sewer rates, another Vectren price increase, the Bosse Field Tax, a County “Wheel Tax”, a 10 cent per gallon gas tax increase, and a $15 per yer per vehicle registration increase, the people of Evansville and Vanderburgh County are seemly being fleeced by the majority of local politicians before the federal tax cuts have found their way into a single pocket?
IS IT TRUE the the Vanderburgh County Democratic party has two shinning stars? Â …they are Indiana State Representative Ryan Hatfield and County Commissioner Ben Shoulders?
IS IT TRUEÂ on January 3, 2018 the County Observer shall announce the first of six (6) “Outstanding Community Service” award winners for this year?
IS IT TRUE that Washington, D C runs best when Congress is forced to shut down the government because of a budget crisis?
IS IT TRUE that a couple of years ago the Evansville DMD purchased the Knotty Pine Restaurant building on North Main Street and demolished it for a public parking lot? Â …as of January 2, 2018 this property is an vacant lot with over grown weeds?
IS IT TRUE that a couple of years ago the owners of Turonis Restaurant purchased the vacant Integra Bank building on North Main from the Evansville DMD for $235,000 plus dollars to be used for a parking lot for their customers? …a short while later DMD re-purchased the vacant Integra Bank building from Turonis Restaurant owners for over $260,000? …DMD then leased the Integra Bank building to the non-profit Evansville Land Bank Corp for an ridicules monthly lease payment?
IS IT TRUE we wonder if the Executive Director of the Evansville DMD would spend his own money the same way he spend our tax dollars buying property located on North Main Street? Â …we bet the answer to this question is a resounding “NO”?
Todays “Readers Poll” question is: Who would you vote for as the next President of the Vanderburgh County Commission?
EDITOR’S FOOTNOTE:  Any comments posted in this column do not represent the views or opinions of the City County Observer or our advertisers
County Commissioners January 2, 2018 Meeting Agenda
AGENDA Of The Vanderburgh County Board of Commissioners
January 2, 2018
3:00 pm, Room 301
- Call to Order
- Attendance
- Pledge of Allegiance
- Election of Officers
- Action Items
- 2018 Meeting Dates Resolution CO.R-01-18-001
- Finance Board Election of President
- Public Hearing and Final Reading of Vacation Ordinance CO.V-01-18-001
- Public Hearing and Final Reading of Vacation Ordinance CO.V-01-18-002
- Final Reading of Ordinance CO.01-18-001 (Option #3): An Ordinance Replacing Ch. 17.26, Repealing Ch. 17.27 and Amending Ch. 17.28 of the Vanderburgh County Code
- First/ Final Reading of CO.01-18-003: An Ordinance Establishing a County Sheriff/USI Reimbursement Fund
- First Reading of CO.01-18-004: Ordinance Amendment to Section 2.90.155 of the Vanderburgh County Code
- Board Appointments
- Department Head Reports
- New Business
- Old Business
- Public Comment
- Consent Items
- Contracts, Agreements and Leases
- Commissioners: 2018 County Attorney Agreement
- Sheriff: Memorandum of Understanding with USI
- Superior Court: Parenting Time Center, Inc. Grant Agreement
- Barnes & Thornburg, LLP Government Relations Agreement for 2018
- County Health Department:
- Letter of Intent with Southwestern Healthcare
- Little Lambs of Evansville Contract
- Approval of December 12, 2017 Meeting Minutes
- Employment Changes
- Auditor: December 2017 A/P Voucher
- Commissioners: Appropriation Requests
- Building Authority: 2017 Year End Review
- Burdette Park: Request to Carry Over Vacation Time into 2018
- Economic Development Coalition of Southwest Indiana: December 2017 Report
- Weights and Measures: Nov 16-Dec 15, 2017 Monthly Report
- Soil and Water Conservation District: December 18, 2017 Meeting Minutes
- County Treasurer: November 2017 Monthly Report
- County Engineer:
- Department Report
- University Parkway TIF Pay request #29 for $1,750.00
- claims
- County Clerk: November 2017 Monthly Report
- Superintendent of County Buildings: DeBra-Kuempel quote for Old Courthouse condensate pump replacement
- County Health:
- Travel Request
- Request to Surplus Equipment
- Contracts, Agreements and Leases
- Rezoning
-
- Final Reading of VC-10-2017
Petitioners: McCullough Development, LLC
6 N Elm Avenue
Change from R-1 to R-3 with UDC
-
- Final Reading of VC-11-2017
Petitioners: SEZ Holdings, LLC
5801 Ruston Lane
Change from Ag to M-2 with UDC
- Adjournment
Commentary: A Flag Emptied Of Meaning
By John Krull
TheStatehouseFile.comÂ
INDIANAPOLIS – Indiana Rep. Milo Smith, R-Columbus, has peculiar notions of what patriotism and freedom mean.
Smith has made national news. He’s proposed a state law that would require the Indianapolis Colts to issue refunds to any football fans upset if players take a knee during the playing of the national anthem.
That’s right. A state representative wants the state to dictate both how players exercise their First Amendment rights and how a business handles its customer relations.
All in the name of small government, of course.
Such inconsistency is typical of Smith, who has built an impressive record of making a mockery of the principles sacred to a self-governing society of free people.
During the last session of the Indiana General Assembly, he – all by himself – shut down consideration of legislative attempts to curtail gerrymandering in the state. Gerrymandering is the dark science of political mapmaking so one party or the other has an unfair advantage of the other.
Gerrymandering’s effect is to warp or even undermine the will of a free people. It allows legislators – government – to choose their constituents rather than enabling constituents to choose their lawmakers.
Smith didn’t offer much of an explanation for his decision to kill redistricting reform.
But, then, a legislator from a gerrymandered district never has to offer much of an explanation for anything.
That, though, wasn’t the high-water mark for Smith’s arrogance and hypocrisy.
A few years ago, when the legislature was considering the ill-advised attempt to impose a constitutional ban on same-sex marriage, Smith presided over a committee hearing on the measure.
He lectured those opposed to the ban that they couldn’t boo when the ban’s supporters testified on its behalf, but he didn’t stop those supporters from applauding when one of their champions spoke.
When the ban’s opponents tried to demonstrate their opposition by silently making a thumbs-down motion, Smith told them they couldn’t do that, either. One man in the balcony of the House chamber turned his thumb down while Smith spoke.
Smith ordered the capitol police to throw the man out of the hearing – thus denying the man two First Amendment rights, the right of free speech and the right to petition government for redress of grievances.
As the man marched out, the ban’s supporters applauded.
Smith did nothing to silence them.
Smith says his proposal to force the Colts to offer refunds if some of the team’s players protest during the national anthem came about because he attended a game where that happened. He stayed for the whole game, but said the act just didn’t sit right with him.
It was disrespectful, he said.
Disrespectful to the flag.
Disrespectful to those who have served this country in the military.
The American flag is a symbol.
Among other things, it is supposed to be a symbol of our devotion as a nation to preserving certain principles. Those principles include freedom of conscience, our right to make our own moral judgments about the things our government, our elected officials and even our country has done in our name.
The test of our devotion to those principles is our willingness to protect those rights even when they are exercised by those with whom we disagree.
Even those who make our blood boil.
Or who do things that just don’t sit right with us.
That’s the part of the American creed the Milo Smiths of this world just don’t – just can’t – understand.
For Smith and others like him, freedom means that everyone has the freedom to think the same things they do.
And, no, their motivation isn’t about respect for the flag or for our service men and women.
The man Smith tossed out of the committee hearing on the same-sex marriage ban did something memorable as he left.
He carefully, meticulously, unfolded an American flag and draped it over his shoulders as he marched out.
When he was outside the chamber, he refolded Old Glory with the same sort of military precision.
It turned out he was a veteran. He’d spent 20 years in the U.S. Air Force, serving with distinction.
Smith tossed a flag-draped military veteran out of a legislative hearing just for trying to exercise constitutional rights.
And that seemed to sit just fine with Milo Smith.
FOOTNOTE: John Krull is director of Franklin College’s Pulliam School of Journalism, host of “No Limits†WFYI 90.1 WFYI Indianapolis and publisher of TheStatehouseFile.com, a news website powered by Franklin College journalism students.Â
The City County Observer posted this article without bias or editing.
COA: Defendants Have Right To Counsel Before Drug Recognition Exam
Marilyn Odendahl for www.theindianalwyer.com
A woman had her conviction overturned after the Indiana Court of Appeals ruled she should have been allowed to consult an attorney before undergoing a drug recognition exam.
Monica Dycus was convicted and sentenced to 365 days for operating a vehicle while intoxicated endangering a person, a Class A misdemeanor. Indianapolis Metropolitan Police Department officers found Dycus stopped at red light, partly out of her car and yelling at her former boyfriend in another vehicle.
The police noticed the odor of marijuana coming from her breath and she admitted to having smoked marijuana with her mother earlier that day. A field sobriety test was inconclusive so the officers took Dycus to the police station where they performed the DRE. This included behavioral tests as well as taking her temperature, looking inside her nasal cavities with a flashlight, measuring her blood pressure and determining her pupil size in three different lighting conditions.
The police entered all their observations from the test into a drug symptom matrix. The results led the officers to conclude Dycus was under the influence of marijuana. Dycus then consented to a blood draw that found THC.
On appeal, Dycus argued the DRE results should not have been admitted at trial because she was not given a Pirtle advisement before the 30-minute test was performed. She maintained she was entitled to be advised of her right to speak with counsel prior to submitting to the testing.
The state countered that because the DRE is not very intrusive and can only reveal the presence of drugs, no Pirtle warning was necessary.
The warning derives its name from Pirtle v. State, 323 N.E. 2d 634 (Ind. 1975). This decision held that the Indiana Constitution requires an individual in custody must be informed of the right to counsel before consenting to a search.
A unanimous Court of Appeals in Monica Dycus v. State of Indiana, 49A05-1705-CR-978, agreed with Dycus, reversing her conviction and remanding for a new trial.
The appellate panel noted precedent has established the Pirtle warning is not required for field sobriety tests or chemical breath tests. However, in the Dycus case, the judges concluded the DRE was not a limited search only requiring a slight intrusion into an individual’s privacy.
Describing the DRE as a test that is “all-encompassing and amounts to a quasi-medical examination,†the Court of Appeals said the police get not only possible incriminating evidence but also information about a person’s general health. Moreover, the test required a police officer’s subjective assessment, which might tilt the results.
“Because the DRE is akin to an unlimited search that the Pirtle doctrine is designed to protect against, we hold that a person in custody must be advised of his right to consult with an attorney prior to consenting to a DRE,†Judge Patricia Riley wrote for the court. “As Dycus was not given the Pirtleadvisement, her consent was invalid as a matter of law and the evidence obtained thereby was inadmissible.â€
HOT JOBS IN EVANSVILLE
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