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Evansville Man Arrested for Boating While Intoxicated and Public Indecency (Daviess County)

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ndiana Conservation Officers are reporting that Robert Troy McCutcheon (48) of Evansville was arrested this past weekend for boating while intoxicated and public indecency on West Boggs Creek Reservoir.  The passenger in the boat, Melissa R. Crane (45) of Bedford was also arrested for public intoxication and public indecency.

Upon stopping the boat for expired registration, Conservation Officers observed the occupants of the boat in the state of nudity.  An investigation determined McCutcheon showed signs of impairment.

Initial blood draw results showed McCutcheon to have a .306 BAC. He was arrested without incident and booked into the Daviess County Security Center.  The Martin County Sheriff’s Office also assisted with the investigation.

The incident took place on Sunday, September 24th 2017 at approximately 6:30pm.

Indiana Conservation Officers remind the boating public that drunk driving laws also apply to watercraft operation.

Conviction for driving a boat while intoxicated can result in fines and costs, loss of driver’s license, and loss of boating privileges. 

Under the Law, criminal charges are merely accusations and the defendant is presumed innocent unless and until proven guilty.

First impression: Denial of coverage is uninsured vehicle

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Olivia Covington for www.theindianalawyer.com

Ruling on an issue of first impression, the Indiana Court of Appeals has held that a vehicle that is insured but is denied coverage after an accident is considered uninsured under Indiana statute.

The appellate court reached that decision Monday in the case of Indiana Insurance Guaranty Association v. Carlos A. Smith, 71A03-1703-CT-610. In that case, Carlos Smith and Martin Torres were involved in a car crash in South Bend. Smith was insured by Affirmative Casualty Insurance Company and Torres was insured by ACCC Insurance Company, which denied coverage to Torres based on his lack of cooperation with the accident investigation.

Smith then filed a complaint against Torres and Affirmative, claiming Torres negligently caused him injury and that he was uninsured at the time of the accident. Smith also alleged that under the uninsured motorist provision of his insurance policy, Affirmative was liable for the damages he suffered.

But five days before Smith filed his complaint, an order of liquidation was entered against Affirmative, so the Indiana Insurance Guaranty Association was deemed the insolvent insurer under Indiana Code section 27-6-8-7(a)(2). IIGA intervened in the case and was substituted for Affirmative as the defendant.

IIGA moved to dismiss the case, arguing ACCC’s denial of coverage did not make Torres uninsured under Indiana law or the Affirmative policy. The St. Joseph Superior Court denied that motion, prompting the instant appeal.

On appeal, IIGA argued Torres was not uninsured, so Smith did not have an actionable claim against Affirmative from which he could recover damages. But in a Monday opinion, Indiana Court of Appeals Judge John Baker wrote, as a matter of first impression, that a “tortfeasor vehicle that had its coverage denied falls within the category of ‘motor vehicle(s) not otherwise in compliance with the financial responsibility requirements,’” language used in the statute governing uninsured motorist vehicle coverage, I.C. 27-7-5-4(a).

“In other words, following a denial of coverage, a tortfeasor vehicle cannot be in compliance with our statutory financial responsibility requirements,” Baker wrote. “We therefore interpret the statute’s definition of ‘uninsured motor vehicle’ to include motor vehicles that had liability insurance at the time of an accident but that were later denied coverage.”

“(U)nder the circumstances with which we are presented here, denying coverage to a motorist under his own insurance policy because a tortfeasor’s insurance company denied coverage to the tortfeasor would preclude the motorist from recovering any damages at all from the accident,” Baker continued. “…This result would defeat our General Assembly’s goal of ensuring coverage for motorists.”

The appellate court also found that Torres’ vehicle falls within Affirmative’s definition of an uninsured automobile because the denial of coverage meant Torres did not have insurance from which Smith could benefit. Thus, Smith alleged circumstances in his complaint from which he would be entitled to relief, so the trial court did not err in denying IIGA’s motion to dismiss.

Judge Robert Altice, who concurred in result, wrote in a separate opinion Monday that he would find the definition of “uninsured automobile” in Affirmative’s policy to be ambiguous with respect to whether it includes an automobile that was insured at the time of the accident but was denied coverage. He based that opinion on the decision in Vanguard Ins. Co. v. Polchlopek, 222 N.E.2d 383, 384-386 (N.Y. 1966), but said he would construe the ambiguous language in Smith’s favor.

Eagles host Bellarmine before brief two-match road trip

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University of Southern Indiana Volleyball hosts Bellarmine University Tuesday at 7 p.m. at the Physical Activities Center before embarking on a brief two-match road trip Friday and Saturday.

The Screaming Eagles (3-9, 1-3 GLVC) visit McKendree University Friday at 7 p.m. in Lebanon, Illinois, before traveling to Springfield, Illinois, to take on the University of Illinois Springfield Saturday at 3 p.m.

Live stats and GLVC Sports Network coverage for all three matches can be accessed at GoUSIEagles.com.

USI Volleyball Notes
Eagles fall to Lewis, UW-Parkside.
USI suffered a three-set loss to No. 3 Lewis University Friday night before seeing a two-set cushion slip away in its five-set loss to the University of Wisconsin-Parkside Saturday afternoon.

Last week’s leaders. Sophomore middle hitter Elexis Coleman (Joliet, Illinois) and senior libero Shannon Farrell (Munster, Indiana) led USI in its two losses last week. Coleman averaged 2.62 kills per set and hit .277 for the weekend, while Farrell had 5.00 digs per set to pace USI’s back row.

Eagles close to being 3-1 in GLVC play. USI enters the week with a 1-3 mark in GLVC play, but could easily be 3-1 after suffering a pair of five-set losses in the first four matches. The Eagles were up 2-0 in both of those matches.

Record watch. Farrell currently ranks second all-time at USI with 1,559 career digs and is 289 digs away from the all-time mark of 1,848, which is held by former USI standout Kayla Heldman.

GLVC statistical watch. Senior middle hitter Te’Ayla Whitfield (Fort Wayne, Indiana) ranks eighth in the GLVC with a team-high 1.10 blocks per set, while sophomore outside hitter Mikaila Humphrey (Floyd Knobs, Indiana) is ninth in the league with a team-best 3.09 kills per frame. Farrell leads USI and ranks ninth in the GLVC with 4.55 digs per stanza, while freshman setter Casey Cepicky (St. Louis, Missouri) is ninth in the conference with 7.03 assists per set.

Scouting the opposition. Bellarmine begins the week with a 10-2 overall record and a 1-2 mark in GLVC play after falling to UW-Parkside in its only conference match last week; while McKendree has won seven straight matches to grab the top spot in the GLVC Central Division with an 8-3 overall record and a 3-0 mark in league play.

Illinois Springfield starts the week with an 8-5 overall record and a 2-2 mark in GLVC play after going 1-1 in league play last week.

VANDERBURGH COUNTY FELONY CHARGES

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

Christopher James Norrenbrock: Neglect of a dependent (Level 6 Felony), Operating a vehicle while intoxicated endangering a person with a passenger less than 18 years of age (Level 6 Felony)

Michigan Desulme: Resisting law enforcement (Level 6 Felony)

Danny J. Standard: Strangulation (Level 6 Felony), Criminal recklessness (Level 6 Felony)

Aaron Jean Pfeiffer: Possession of a synthetic drug or synthetic drug lookalike substance (Level 6 Felony)

Kenneth D. Lowe: Dealing in marijuana (Level 5 Felony)

Nathaniel Daniel Green: Resisting law enforcement (Level 6 Felony), Possession of marijuana (Class B misdemeanor), Operating a motor vehicle without ever receiving a license (Class C misdemeanor)

Hannah Yvette Fuqua: Maintaining a common nuisance – controlled substances (Level 6 Felony), Possession of marijuana (Class B misdemeanor)

Deborah Lorene Goad: Causing serious bodily injury when operating a vehicle while intoxicated (Level 6 Felony)

This Week at USI

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5 p.m. Thursday, September 28

USI MPA Program to host presentation on economic development in Indiana

The University of Southern Indiana Master of Public Administration (MPA) Program and the MPA Society will host a presentation from Drew Klacik, senior policy analyst at the Indiana University Public Policy Institute, at 5 p.m. Thursday, September 28, in Kleymeyer Hall located in the Liberal Arts Center on the USI campus. Klacik’s presentation, “Thriving Communities, Thriving State,” is free and open to the public. Read More

6 p.m. Thursday, September 28

Mallon to present 2017 Berger Lecture on race

Dr. Ron Mallon, professor and chair of Philosophy at Washington University in St. Louis, will present the 2017 Sydney Berger Lecture at 6 p.m. Thursday, September 28 in Forum II, located in the Wright Administration Building on the University of Southern Indiana campus. Mallon’s lecture, “Constructing Race and Other Human Kinds,” is free and open to the public.

3 p.m. Friday, September 29

History professor to give talk on fake news as part of Liberal Arts Colloquia

Dr. Tamara Hunt, professor of history, will present “’Fake News; in Early Eighteenth-Century England” at 3 p.m. Friday, September 29 in Kleymeyer Hall. Hunt’s presentation, focusing on the development of libel laws as the result of conflict between officials and the press, is part of the 2017 Fall Liberal Arts Faculty Colloquia series and is free and open to the public.

8:30 a.m. Saturday, September 30

Romain Suburu USI Doggie Dash 3K and 5K

The inaugural Romain Suburu USI Doggie Dash will be held on Saturday, September 30 on the USI campus. The 3K and 5K races will allow whole families (including the four-legged children) an opportunity to walk and run on the beautiful University of Southern Indiana campus. A portion of the proceeds from the Doggie Dash will be used to offer programming and provide professional development opportunities for student clubs within USI’s Pott College of Science, Engineering, and Education. Another portion of the proceeds will be given to It Takes A Village Pet Rescue. For more information, and to register, visit the Doggie Dash page on the USI website at USI.edu/running/doggie-dash/​.

Exhibition open through Sunday, October 29

USI to hold double exhibition of photographs, prints

The McCutchan Art Center/Pace Galleries at the University of Southern Indiana will present two exhibits simultaneously. A Time and A Place: the Photographs of Sonny Brown from the University Archives and Special Collections and Richard Hunt: American Sculptor will both open on Wednesday, September 20 and run through Sunday, October 29. Former USI art faculty member Kristen Wilkins will present a free public lecture on the exhibit, “The Artist in the Archive: A Love Letter to the Photographic Object” at 6 p.m. Thursday, September 21 in Kleymeyer Hall in the Liberal Arts Center. A public reception for the exhibit will follow the presentation in the McCutchan Art Center/Pace Galleries. Read More

Exhibit open through Friday, October 27

New Harmony Gallery exhibition to present four depictions of hinterlands

The New Harmony Gallery of Contemporary Art opens its newest exhibition, Hinterlands, with a reception from 2 to 4 p.m. Saturday, September 16. The exhibition is free and open to the public from September 16 through October 27. This exhibition is possible through the generous support of the Efroymson Family Fund, the Indiana Arts Commission and the National Endowment for the Arts. Read More

Saturday, October 14

Global Crossroads festival to celebrate cultures thriving in southern Indiana

The University of Southern Indiana and Historic New Harmony will present the 4th annual Global Crossroads Multicultural Festival, highlighting the diverse cultures that thrive in southern Indiana. The festival is free and open to the public from 11 a.m. to 5 p.m. Saturday, October 14 at the Ribeyre Gymnasium in New Harmony Indiana. Global Crossroads celebrates a diverse mix of cultures through food trucks and booths, fair-trade gifts, children’s activities, live music, dance performances, education and more. The event attracted over 1,000 visitors from all over the Midwest in 2016. Read More

Registration open now; March to be held Saturday, November 4

Registration now open for 16th annual Norwegian Foot March

The 16th annual Norwegian Foot March will take participants 18.6 miles through the rolling hills of Evansville’s west side. Carrying a 25-pound rucksack, participants will begin and end at the University of Southern Indiana, working to make it back to the finish line in under four and a half hours. It’s an experience unlike any other, happening Saturday, November 4, 2017. Registration is currently open for the 16th annual Norwegian Foot March. ROTC cadets, Soldiers and veterans, as well as civilians, may register individually or as part of a four-member team. Registration can be completed online or by calling USI Outreach and Engagement at 812-464-1989. Read More

Appointments accepted now for Monday, November 6 and Wednesday, November 8

USI Dental Hygiene Clinic to repeat free dental cleanings for veterans

The University of Southern Indiana Dental Hygiene Clinic will provide free dental cleaning, fluoride and X-rays for military veterans on November 6 and 8, 2017. In an attempt to serve more veterans, the USI Dental Hygiene Program will schedule appointments during both day and evening hours again this year. Read More

 

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EVSC Announces McCutchanville School Mascot and Colors

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At tonight’s EVSC School Board meeting, the Evansville Vanderburgh School Corporation officially announced the mascot and school colors for McCutchanville Elementary School, a new kindergarten through sixth grade school being built on Evansville’s northside. The school’s mascot will be the Mustangs and the school colors will be orange and blue, which matches the long-standing colors of McCutchanville Park.

The mascot and colors were voted on by Oak Hill and Scott students, which will both have students that will be attending the new school. Students at both schools were invited to submit their mascot and color ideas to their school. The schools then traded submissions and each school voted on their favorite mascot and school colors. After both schools voted, the Mustangs and orange and blue were resounding winners.

Out of nearly 90 submissions, seven students asked for the Mustangs to be the mascot and out of those seven, three students also submitted orange and blue as the school colors. All seven students were recognized in front of the EVSC School Board at tonight’s meeting for helping select the mascot and colors.

The new school is slated to open for the 2018-2019 school year. More information on the school’s location, attendance district and more can be found at www.evscschools.com.

VANDERBURGH COUNTY FELONY CHARGES

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

Edward D. Goodman: Operating a vehicle as an habitual traffic violator (Level 6 Felony)

Ashley N. Waller: Possession of methamphetamine (Level 6 Felony), Possession of a controlled substance (Class A misdemeanor), Possession of paraphernalia (Class C misdemeanor)

Jacob Aaron Sweatt: Residential entry (Level 6 Felony)

Jamie Lynn Durham: Domestic battery (Level 6 Felony), Domestic battery (Class A misdemeanor)

Devon Lamont Davidson: Operating a vehicle as an habitual traffic violator (Level 6 Felony)

Sean Michael Crawford: Criminal trespass (Level 6 Felony)