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University of Southern Indiana Holds Two Ceremonies for Graduates
CHANNEL 44 NEWS: University of Southern Indiana Holds Two Ceremonies for Graduates
DECEMBER 9TH, 2017Â 
JOHN WERNEÂ EVANSVILLE
The University of Southern Indiana held two graduation ceremonies this morning.
Nearly 600 students were eligible for both ceremonies. Of those, five students graduated summa cum laude.
After each ceremony, a reception was held for graduations and their families.
CITY COUNCIL DECEMBER 11-2017 MEETING
DECEMBER 11, 2017  at 5:30 P.M.
AGENDA
| I. | INTRODUCTION |
| II. | APPROVAL OF MEETING MEMORANDA |
| III. | REPORTS AND COMMUNICATIONS |
| IV. | SPECIAL ORDERS OF THE DAY |
A. 2018 CITY COUNCIL REGULAR MEETING SCHEDULE
B. CARRY OVER 2017 ORDINANCES AND RESOLUTIONS
| V. | CONSENT AGENDA:Â FIRST READING OF ORDINANCES AND RESOLUTIONS |
A. ORDINANCE G-2017-39 An Ordinance Creating Chapter 10.55 (Residential Permit Parking) of the Evansville Municipal Code Sponsor(s): Brinkmeyer Discussion Led By: ASD Chair Brinkmeyer 1/8/2018 G-2017-39 Attachment:
B. ORDINANCE R-2017-25 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 4707 Jackson Avenue Petitioner: Kyle Lutz Owner: Kyle Lutz Requested Change: C4 to R2 Ward: 1 McGinn Representative: Kyle Lutz R-2017-25 Attachment:
C. ORDINANCE R-2017-26 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 1209 E. Oregon Street Petitioner: J & L McElroy Holdings LLC Owner: Joseph & Lisa McElroy Requested Change: CO2 to C4 w/ UDC Ward: 3 Hayden Representative: Lisa McElroy R-2017-26 Attachment:
D. ORDINANCE R-2017-27 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 65 -67 Adams Avenue Petitioner: Claire Ballard Owner: Evansville Brownfields Corporation Requested Change: C4 w/ UDC to R2 Ward: 4 Robinson Representative: Claire Ballard R-2017-27 Attachment:
E. ORDINANCE R-2017-28 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 1108 Stanley Avenue Petitioner: Lewis Tuggle Owner: Lewis Tuggle Requested Change: M2 to R3 Ward: 3 Hayden Representative: Lewis Tuggle R-2017-28 Attachment:
| VI. | COMMITTEE REPORTS |
| VII. | REGULAR AGENDA:Â SECOND READING OF ORDINANCES AND RESOLUTIONS |
A. ORDINANCE G-2017-19 An Ordinance Amending the Zoning Code by Establishing an Overlay Zone in the West Franklin Street Area Relaxing Certain Parking Requirements Sponsor(s): Weaver, Mosby Discussion Led By: ASD Chair Brinkmeyer 12/11/2017 G-2017-19 Attachment:
B. ORDINANCE G-2017-36 An Ordinance Granting a Certificate of Convenience and Necessity for the Operation of Taxicabs for the Year 2018 – River City Yellow Cab Co., Inc. Sponsor(s): Brinkmeyer Discussion Led By: ASD Chair Brinkmeyer 12/11/2017 G-2017-36 Attachment:
C. ORDINANCE G-2017-38 An Ordinance Granting a Certificate of Convenience and Necessity for the Operation of Taxicabs for the Year 2018 – Dave’s Taxi Service Sponsor(s): Brinkmeyer Discussion Led By: ASD Chair Brinkmeyer 12/11/2017 G-2017-38 Attachment:
D. ORDINANCE R-2017-22 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 3400 Lincoln Avenue Petitioner: St. Vincent Hospital Owner: Evansville State Hospital Requested Change: R1 to C2 Ward: 3 Hayden Representative: Brenda Owens, Sign Crafters Inc. R-2017-22 Attachment:
E. ORDINANCE R-2017-23 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 3000 W. Maryland Street Petitioner: JR & R Enterprises, LLC Owner: JR & R Enterprises, LLC Requested Change: R1 to R3 Ward: 6 Brinkmeyer Representative: Jamie Rasure, JR & R Enterprises, LLC R-2017-23 Attachment:
| VIII. | RESOLUTION DOCKET |
A. RESOLUTION C-2017-29 A Resolution Approving an Agreement Concerning Legal Representation Sponsor(s): Mosby, Elpers Discussion Led By: President Mosby 12/11/2017 C-2017-29 Attachment:
B. RESOLUTION C-2017-30 A Resolution Memorializing Evansville Memorial’s State Championship in Girls Soccer Sponsor(s): Mosby Resolution Docket President Mosby 12/11/2017 C-2017-30 Attachment:
C. RESOLUTION C-2017-31 A Resolution Memorializing Evansville Memorial’s State Championship in Boys Soccer Sponsor(s): Mosby Resolution Docket President Mosby 12/11/2017 C-2017-31 Attachment:
D. RESOLUTION C-2017-32 A Resolution Memorializing Evansville Memorial’s State Championship in Football Sponsor(s): Mosby, Elpers, Weaver Resolution Docket President Mosby 12/11/2017 C-2017-32 Attachment:
| IX. | MISCELLANEOUS BUSINESS |
A. THE NEXT MEETING of the Common Council will be Monday, January 8, 2017 at 5:30 p.m.
B. 2018 YOUTH GRANT APPLICATIONS will be available beginning January 1, 2018 online at www.evansville.in.gov/youthgrants or during regular office hours in the City Clerk’s Office in room 314 of the Civic Center. Application deadline is 5:00 p.m., Friday, February 16, 2018.
C. BOARD & COMMISSION APPOINTMENTS
D. ADDITIONAL MISCELLANEOUS BUSINESS
| X. | COMMITTEE REPORTS |
| XI. | ADJOURNMENT |
USI Women Compete In First Indoor Meet
INDIANAPOLIS, Ind. – University of Southern Indiana Women’s Track & Field competed in their first indoor meet of the season Friday night at the UIndy Winter Break Meet in Indianapolis, Indiana.
 Without having its distance runners compete, USI was represented by just three athletes, including two freshmen making their collegiate debuts in long jumper/sprinter Ralen Campbell (Indianapolis, Indiana) and sprinter Dakota Gates (Columbus, Indiana).
Campbell competed in both the long jump and 200 meters, tying for seventh in the long jump with a distance of 16 feet, three inches. She placed 18th in the 200-meters in a time of 28.46 seconds, good for eighth in program history.
Also in the 200-meters, Gates placed ninth in 27.80 seconds, which put her with the fourth best time in the record books.
The other Screaming Eagle to compete was sophomore pole-vaulter Rylie Smith (Floyds Knobs, Indiana).  Smith placed fifth with a vault of 8’9″.
USI will return to action after the holiday break for the Gene Edmonds Open on January 13 in West Lafayette, Indiana.
VANDERBURGH COUNTY FELONY CHARGES
 Below are the felony cases to be filed by the Vanderburgh County Prosecutor’s Office today.
Allen Ray Purcell: Intimidation (Level 5 Felony), Intimidation (Level 5 Felony), Possession of methamphetamine (Level 6 Felony)
Randall D. Warren: Criminal trespass (Level 6 Felony)
Robert Christopher Basinger: Operating a motor vehicle after forfeiture of license for life (Level 5 Felony), Possession of a synthetic drug or synthetic drug lookalike substance (Class A misdemeanor), Possession of marijuana (Class B misdemeanor)
Stephen Glynn: Battery against a public safety official (Level 6 Felony), Battery against a public safety official (Level 6 Felony), Resisting law enforcement (Class A misdemeanor), Public intoxication (Class B misdemeanor)
David B. Banks: Theft (Level 6 Felony)
Stephanie Michelle Fisher: Theft (Level 6 Felony)
Jeremy Michael Cassel: Possession of methamphetamine (Level 6 Felony), Maintaining a common nuisance – controlled substances (Level 6 Felony), Possession of marijuana (Class B misdemeanor), Possession of paraphernalia (Class C misdemeanor)
William David Bratcher: Unlawful possession of syringe (Level 6 Felony)
Cara Darlene Beckerle: Possession of methamphetamine (Level 6 Felony)
Melinda N. Johnson: Theft (Level 6 Felony)
Matthew Aaron Knight: Possession of methamphetamine (Level 6 Felony), Unlawful possession of syringe (Level 6 Felony)
Joshua Charles Robb: Burglary (Level 4 Felony), Residential entry (Level 6 Felony), Resisting law enforcement (Class A misdemeanor), Criminal trespass (Class A misdemeanor)
Raven Symone Lashun Stallworth: Residential entry (Level 6 Felony), Battery resulting in bodily injury (Class A misdemeanor)
Angelo Ford: Rape (Level 3 Felony), Rape (Level 3 Felony), Attempt Obstruction of Justice (Level 6 Felony), Possession of marijuana (Class B misdemeanor)
Mekiah Khrystene Sandage-Shofner: Residential entry (Level 6 Felony), Battery resulting in bodily injury (Class A misdemeanor)
John Phillip Adams: Resisting law enforcement (Level 6 Felony), Possession of methamphetamine (Level 6 Felony), Attempt Obstruction of justice (Level 6 Felony), Resisting law enforcement (Class A misdemeanor), Reckless driving (Class C misdemeanor)
Brent Caulder Sr.: Operating a motor vehicle after forfeiture of license for life (Level 5 Felony)
Jay Alan Oldfield: Possession of methamphetamine (Level 5 Felony), Unlawful possession of syringe (Level 6 Felony), Maintaining a common nuisance – controlled substances (Level 6 Felony), Possession of paraphernalia (Class A misdemeanor)
Dylan Thomas Fuller: Possession of methamphetamine (Level 6 Felony)
Niki Lynn Long: Unlawful possession of syringe (Level 6 Felony)
Gregory Wayne Baker: Possession of methamphetamine (Level 5 Felony), Theft (Level 6 Felony), Intimidation (Class A misdemeanor), Possession of marijuana (Class B misdemeanor)
Jared Thomas Davis:Â Conspiracy Possession of methamphetamine (Level 6 Felony), Possession of methamphetamine (Level 6 Felony), Possession of paraphernalia (Class C misdemeanor), Possession of paraphernalia (Class C misdemeanor)
Alexa Raye Boyd:Â Conspiracy Possession of methamphetamine (Level 6 Felony), Possession of methamphetamine (Level 6 Felony), Possession of paraphernalia (Class C misdemeanor), Possession of paraphernalia (Class C misdemeanor)
Dawnita Leauta Wilkerson: Battery resulting in bodily injury to a public safety officer (Level 5 Felony), Intimidation (Level 6 Felony), Intimidation (Level 6 Felony)
Elizabeth Joyce Jones: Domestic battery (Level 6 Felony)
Shawn Eugene Gardner: Operating a motor vehicle after forfeiture of license for life (Level 5 Felony), Possession of methamphetamine (Level 6 Felony), Possession of paraphernalia (Class C misdemeanor)
Scott Allen Morgan: Possession of methamphetamine (Level 6 Felony), Possession of paraphernalia (Class A misdemeanor), Possession of marijuana (Class A misdemeanor)
Messer Reacts to Donnelly’s Bipartisan Ranking
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Join the Indiana Pacers for STEM Fest 2018
On Sunday, Feb. 11, the Indiana Pacers will host STEM Fest 2018. This interactive event is open to students of all ages and their families. It is a great opportunity to learn how science, technology, engineering and mathematics are used in sports and other careers.
Throughout the day, students and their families will be partnered with a mentor from a local company, university or non-profit organization while participating in several STEM activities. Representatives from universities and STEM organizations will be available to discuss future career paths for those interested.
Tickets are $10 a person and include admission to the event and the Pacers game. Tickets must be purchased by Jan. 12. This is an excellent chance to explore STEM career opportunities. I encourage families to attend STEM Fest 2018 and cheer on the Indiana Pacers as they take on the New York Knicks!
Justices To Decide If Sex Offender’s Internet Restriction Unconstitutional
Olivia Covington for www.theindianalwyer.com
After being convicted of incest with his teenage niece, a Tippecanoe County man’s sentence contained several probation conditions, including a prohibition on accessing websites “frequented by children†and a prohibition on internet use without prior approval. Those conditions are the subject of an appeal now under review by the Indiana Supreme Court, which will decide whether the conditions, as applied, are unconstitutional.
During oral arguments Thursday in Kristopher Weida v. State of Indiana, 79S02-1711-CR-00687, Brian Karle, counsel for Weida, argued against the constitutionality of the probation conditions, telling the justices the conditions can be viewed as the equivalent of a complete internet ban. That’s because there’s no guarantee Weida’s probation officer would approve any requests for internet use, and because there are no parameters defining what a website “frequented by children†is.
Weida made similar arguments before the Indiana Court of Appeals, but a majority of the appellate panel upheld the conditions in August. Judge John Baker, however, dissented as to the requirement for Weida to get permission before using the web, finding that condition was “unduly intrusive and unnecessarily restrictive.â€
Karle agreed, noting the internet can be used for finding jobs, connecting with family, staying informed and more. He likened his client’s probation conditions to a ban 30 years ago on using a television or telephone or reading the newspaper.
But Monika Talbot, counsel for the state, said the conditions imposed on Weida do not constitute any sort of Internet ban at all. Rather, he is free to go to his probation officer at any time and ask for permission, and then to use the internet once that permission is granted.
Chief Justice Loretta Rush pushed back on that point, noting probation officers carry heavy caseloads and likely would not be able to respond to Weida’s requests for permission as quickly as he would like. Talbot, however, said Weida could arrange a meeting with his probation officer to develop guidelines regarding which sites he can access on his own and which sites he must seek permission to use.
The U.S. Supreme Court case Packingham v. North Carolina, 582 U.S. __ (2017), was a central part of Thursday’s arguments, with Karle arguing the Packingham decision — which struck down a North Carolina law banning sex offenders from accessing websites frequented by minors — proved Weida’s probation conditions were a violation of his First Amendment rights. But Talbot said Packingham spoke to offenders who, unlike Weida, had already completed their sentences.
The definition of a website frequented by children also seemed to be a sticking point for the justices, particularly justices Mark Massa and Geoffrey Slaughter, who wanted to know whether websites for organizations such as the Wall Street Journal and ESPN would fall into that category. Talbot said no, arguing the restriction applies to websites children use to communicate with each other.
But Karle disagreed, telling the justices even the Wall Street Journal’s website might be visited by older teenagers. Thus, even though it might seem unreasonable for the Wall Street Journal to be covered by the probation condition, Karle said the plain language of the condition would prohibit Weida from accessing that or similar websites.
The justices also engaged in a discussion of whether the conditions should be more narrowly tailored. On that point, Karle argued the conditions imposed on Weida were overbroad, considering websites such as the Wall Street Journal or ESPN were not related to his crime or rehabilitation, or the state’s interest in the case.
While Talbot conceded there would be no harm in the court setting out guidelines for narrowly tailoring probation conditions, she also said in this case, the conditions are not overbroad. She pointed specifically to the fact that prior to committing his offense, Weida logged on to an incest website with his niece, thus using the internet to “groom†her to become his victim.
Oral arguments in the case can be viewed here.
Gov. Holcomb Announces Judicial Appointment for Hancock County Circuit Court Vacancy
Gov. Eric J. Holcomb today announced R. Scott Sirk as his appointment to the Hancock County Circuit Court. Judge Sirk will succeed Judge Richard D. Culver who retired in October 2017.
Judge Sirk is currently commissioner for the Hancock County courts and has served in that position for the past eight years. A native Hoosier, Judge Sirk has a wide breadth of legal experience, including his previous service as chief deputy prosecuting attorney for Hancock County, a public defender and a part-time commissioner in Hamilton County—in addition to his years in private practice.
Judge Sirk earned a bachelor’s degree from Ball State University and his law degree from the Indiana University McKinney School of Law in Indianapolis. He will be sworn in as Hancock County circuit court judge on a date to be determined.