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AG Curtis Hill Seeks To Intervene In Federal Immigration Case Involving Marion County Sheriff’s Department

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Attorney General Curtis Hill announced today that he has filed a motion to intervene in the federal case Antonio Lopez-Aguilar vs. Marion County Sheriff’s Department, et al. The motion to intervene was filed in order to defend Indiana’s law prohibiting local governments from establishing policies against cooperating with federal authorities in the enforcement of immigration laws.

On November 7, 2017, a federal judge approved a consent decree in this case between the two parties in which both agreed that the defendant – the Marion County Sheriff’s Department – would not cooperate with U.S. Immigration and Customs Enforcement (ICE) detention requests. Because both the defendant and plaintiff supported the consent decree, the Attorney General said, no one in the case represented Indiana’s legitimate interest in upholding state law. In addition, he said, no one notified the Office of Attorney General about the case before the consent decree was entered.

The case stems from a September 2014 incident in which federal authorities asked the Marion County Sheriff’s Department to detain Antonio Lopez-Aguilar until ICE officers could take him into custody for allegedly being in the country illegally. At the time, Lopez-Aguilar was appearing in Marion County Traffic Court on a misdemeanor charge of driving without a license.

Such a decree, Attorney General Hill said, runs counter to Indiana law and public safety. “Our nation’s immigration laws are put in place to protect the public. Establishing a policy that requires law enforcement personnel to not cooperate with each other not only violates Indiana law but jeopardizes public safety,” said Attorney General Hill.

Adopt A Pet

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Kyon is a 1-yr-old male Beagle. He was surrendered for landlord issues. He is described as “gentle and sweet” by the VHS temperament team. He’d make a great addition to just about any home! Kyon’s $100 adoption fee includes his neuter, microchip, vaccines, and more. He weighs 28 lbs. Contact Vanderburgh Humane at (812) 426-2563 for details!

Vanderburgh County Current Warrants

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Vanderburgh County Current Warrants

UE men take on Canisius Saturday at Ford Center

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UE looking for 8th win of the season

Three home non-conference games are on tap for the University of Evansville men’s basketball team who begins the stretch on Saturday versus Canisius.  Tip is set for 1 p.m. inside the Ford Center.

A great night at Bowling Green saw the Aces shoot 80% (12-of-15) from long range to improve its season percentage to 50.7%, tops in the country.  UE’s 80% effort against the Falcons was also the top contest from 3-point range in the nation this year.  Since the start of the 2014-15 season, just eight teams have shot that mark from long range.

The lone meeting between the Aces and Golden Griffins was a big one in program history.  On March 13, 2013, Evansville picked up an 84-83 road win over Canisius in the CIT.  Colt Ryan, playing what would be his second-to-last college game, poured in 38 points in the road win and set the program scoring record in that game.  Ryan’s final tally of 2,279 points topped Larry Humes’ 2,236; D.J. Balentine passed both during the 2015-16 season.

Winning seven of its first nine games, the Purple Aces are 7-2 for the third time in four years.  Between 1989 and 2014, the team posted three such starts (1994-95, 2004-05 and 2008-09).

Sophomore Dru Smith connected on 11 out of 13 attempts to finish with a career-high 25 points on Tuesday at Bowling Green.  It marked Smith’s top game at UE, passing his 19 scored at Wichita State last season.  A great all-around threat, Smith ranks in the top seven in the MVC in assists (1st-5.4/game), 3-point % (2nd-61.1%), steals (3rd-1.8/game), field goal % (3rd-66.1%) and free throw % (7th-81.5%).

Senior Blake Simmons is on one of the best scoring runs in his career, recording 33 points over the last two games.  Simmons finished with 17 points against Oakland City before scoring 16 at BGSU; it is just behind his top 2-game streak at UE, which came as a freshman as he scored 18 at Bradley and 17 next time out against Illinois State.  His top 3-game scoring output came in his freshman campaign, scoring 47 in three games.  He is on pace for his top college season, averaging 11.0 PPG; his best season came in 2013-14 when he finished with 9.3 PPG.

Canisius heads to Evansville with a 4-5 record following a 73-65 loss to St. Bonaventure on Wednesday evening.  The Golden Griffins are led by 16.9 points per game from Isaiah Reese, who led all players with 13 points against the Bonnies.  Reese was 10-17 from the field and 5-10 from outside while posting 7 rebounds.  Jermaine Crumpton stands with 15.2 PPG while Takal Molson averages 10.7 points.

Arts Council of Southwestern Indiana providing $43,990.00 in Youth Arts Sponsorship Grants

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 The Arts Council of Southwestern Indiana will provide $43,990.00 in Sponsorship Grant programs for projects designed to create or enhance youth arts experiences in Vanderburgh County.  14 programs will receive grants ranging from $220.00 to $5,000.00.

“The Arts Council is committed to exposing young people to the arts.  Many of the projects and programs that we’ve funded over the years could not have occurred without the Arts Council’s investment.  We’re also very proud of the ways that we support arts educators through this program; we have the opportunity to reward those going above and beyond to make sure our youth have access to, and participate in, the arts.” says Anne McKim, Executive Director of the Arts Council.

Sponsorship Grants are awarded to classroom teachers from public, private, and parochial schools, arts educators, and institutions providing arts education.  Please visit the Arts Council website for a complete list of funded programs.

Please contact the Arts Council at (812) 422-2111 with any questions specific to this event, or email anne.mckim@artswin.org.

VANDERBURGH COUNTY FELONY CHARGES

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 Below are the felony cases to be filed by the Vanderburgh County Prosecutor’s Office today.

Percy L. Scott: Rape (Level 3 Felony), Criminal confinement (Level 3 Felony), Battery resulting in serious bodily injury (Level 5 Felony)

Steven Patrick Herron: Invasion of privacy (Level 6 Felony), Attempt Domestic battery (Class A misdemeanor)

Payton Elizabeth Hodges-Scarbrough: Possession of methamphetamine (Level 6 Felony), Attempt Obstruction of justice (Level 6 Felony), Possession of a controlled substance (Class A misdemeanor), False informing (Class B misdemeanor)

Jamie Marie Wells: Battery resulting in bodily injury to a public safety officer (Level 5 Felony), Resisting law enforcement (Class A misdemeanor), Disorderly conduct (Class B misdemeanor)

Lori Ann Gunhammer: Dealing in a synthetic drug or synthetic drug lookalike substance (Level 6 Felony), Possession of methamphetamine (Level 6 Felony), Possession of marijuana (Class A misdemeanor)

John Eric Bennett: Failure to register as a sex or violent offender (Level 6 Felony)

Chance Antonio Wing: Strangulation (Level 6 Felony), Domestic battery (Level 6 Felony)

Andrew Michael Wilke-Breightling: Auto theft (Level 6 Felony), Operating a motor vehicle without ever receiving a license (Class C misdemeanor)

Misty Marie Love: Operating a motor vehicle after forfeiture of license for life (Level 5 Felony)

Patrick Wayne Garrett: Dealing in a narcotic drug (Level 2 Felony), Dealing in methamphetamine (Level 2 Felony), Dealing in marijuana (Level 6 Felon

POLITICAL CARTOON: MAKE ALLIGATORS GREAT AGAIN

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VANDERBURGH COUNTY FELONY CHARGES

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Below are the felony cases to be filed by the Vanderburgh County Prosecutor’s Office today.

Curtis Lee Romhill: Intimidation (Level 5 Felony)

Jordan Scott Haire: Possession of methamphetamine (Level 6 Felony), Maintaining a common nuisance – controlled substances (Level 6 Felony), Possession of a controlled substance (Class A misdemeanor), Possession of a controlled substance (Class A misdemeanor), Possession of paraphernalia (Class C misdemeanor), Operating a vehicle while intoxicated (Class C misdemeanor)

Rodney Lee Dillard: Possession of a synthetic drug or synthetic drug lookalike substance (Level 6 Felony)

COA: Moving account to new brokerage doesn’t change bequeath

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Il for www.theindianalawyer.com

The Indiana Court of Appeals on Thursday rejected a widow’s appeal that sought to declare her late husband’s investment account extinct because it had been moved to a new brokerage, but the move had not been amended in his will.

Spencer County businessman Mason Foertsch in 2005 executed a will that bequeathed to his grandsons David, Brian and Marcus Foertsch, the balance of an investment account. After the grandfather’s death in June 2015, a question arose about assets in the estate valued at about $750,000.

Debra Foertsch, Mason’s wife, administered the account and, during her lifetime, would receive the greater of the net income generated by the trust or $84,000 a year. In 2016, the estate’s personal representative filed a petition for clarification, seeking to declare the account in question adeemed by extinction, because a transfer to a new broker had not been included in Mason’s will.

The trial court refused, as did the Indiana Court of Appeals. In a footnote, the COA observed, “Presumably, Debra was in favor of ademption because if the trial court had so found, the money in the Raymond James account (approximately $750,000 according to a November 2015 inventory of estate assets) would … be paid to Debra.” If not, she would receive only her lifetime share, with the remainder paid to Mason’s grandsons upon her death.

“Decedent’s intent at the time of executing his will and the Second Codicil was to provide from his investment account for his wife during her lifetime and for his grandsons after her death. The place

where the investment account was located was not the critical factor – the investment fundswere,” Judge Margret Robb wrote for the panel in In re The Estate of Mason R. Foertsch, Debra S. Foertsch v. Marcus Foertsch, David Foertsch, and Brian Foertsch,74A05-1702-ES-375.

“Decedent’s broker testified that Decedent was an astute businessman who was active in communicating with his broker and curating his investments, presumably for the benefit of himself and his heirs pursuant to the terms of his will. … Accordingly, we hold the specific bequest of ‘any and all funds at Merrill Lynch’ changed only in form and not in substance when Decedent moved his Merrill Lynch investment account, in total and in kind, to a new brokerage firm where he continued to administer the account as he had before,” Robb wrote. “Therefore, the trial court did not clearly err in finding the bequest was not adeemed and ordering the personal representative to proceed with making distributions from decedent’s estate on this basis.”

Arrest Made after Deputies Respond to Home Invasion

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A Vanderburgh County man is in jail today after allegedly committing a home invasion in Grandin Pointe subdivision (formerly Westbrook Trailer Park).

On Thursday, December 7, 2017 at approximately 11:00 AM a resident in the 6000 block of Springfield Drive called 911 to report a home invasion. The resident explained that a relative, Mr. Sean Michael Keith, kicked in the door to his home and threatened his family with a knife. The resident reportedly produced a handgun, after which the suspect fled on foot.

The Sheriff’s Office located Mr. Keith walking near Saint Joseph Avenue and took him into custody without further incident. A motive for the attack has yet to be determined, although combined drug intoxication is believed to have been the primary factor.

Mr. Keith was booked into the Vanderburgh County Jail and will make an initial court appearance on Friday.

ARRESTED:

Sean Michael Keith (pictured above), 28, of Evansville. Burglary as a Level 5 Felony, Intimidation as a Level 5 Felony, Criminal Mischief as a Class B Misdemenor

Presumption of Innocence Notice: The fact that a person has been arrested or charged with a crime is merely an accusation. The defendant is presumed innocent until and unless proven guilty in a court of law.

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