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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.

Ladonna Gail Atherton: Unlawful possession of syringe (Level 6 Felony), False informing (Class B misdemeanor)

Jeremy Craig Collier: Operating a motor vehicle after forfeiture of license for life (Level 5 Felony)

James P. Herrell: Domestic battery resulting in moderate bodily injury (Level 6 Felony)

Ryan Michael King: Theft (Level 6 Felony)

Larissa C. Overfilled: Maintaining a common nuisance – controlled substances (Level 6 Felony), Resisting law enforcement (Class A misdemeanor)

Angel Manuel Santiago Pedrosa: Battery resulting in moderate bodily injury (Level 6 Felony)

Donna K. Swango: Dealing in methamphetamine (Level 2 Felony), Possession of a narcotic drug (Level 6 Felony), Unlawful possession of syringe (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)

Michael Joseph Shepard: Domestic battery (Level 5 Felony)

Study committee to begin constitutional carry discussions Tuesday

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Olivia Covington for www.theindianalawyer.com

Indiana lawmakers will return to the Statehouse Tuesday for the first of three discussions about one of the most controversial issues being considered by a summer study committee this year – constitutional carry, or the belief that a person should be able to carry a handgun without a license.

The Joint Committee on Judiciary and Public Policy will begin hearing testimony about the controversial legislation at 10 a.m. in the House chambers at the Indiana Statehouse. This year marks the first time in known memory that constitutional carry has been heard by a study committee, a fact that Republican Rep. Jim Lucas, who has introduced and championed the legislation, takes a good sign.

“The time has finally come in Indiana, and I look forward to having this discussion,” Lucas said. “This is not going away as long as I’m up there (in the General Assembly).”

The Seymour Republican’s repeated attempts at passing a constitutional carry bill through the Legislature have failed in recent years due, in part, to concerns among interest groups, such as Everytown for Gun Safety and Moms Demand Action for Gun Sense in America, which have expressed concerns about the legislation leading to an increase in gun violence. But Lucas has repeatedly dismissed those concerns as misunderstandings, insisting instead that any person currently prohibited from carrying a handgun would still be prohibited from doing so under constitutional carry.

The only thing that would change under constitutional carry would be the requirements for fingerprinting and other screenings prior to obtaining a license to carry, Lucas said. Such screening requirements would remain in place for the process of purchasing the gun, he said.

Sen. Rod Bray, R-Martinsville, who chairs the joint committee, said he understands constitutional carry is a hot-button issue that is likely to yield passionate testimony from interest groups on both sides. Lawmakers are likewise sharply divided on the issue of whether permits should be required to carry handguns, but Bray said he expects discussions in the committee meetings will remain civil.

“My goal is to give this a full vetting and to allow both sides to testify on it,” he said.

Guy Relford, an Indianapolis Second Amendment attorney who plans to testify in favor of constitutional carry at Tuesday’s meeting, agreed with Lucas that most of the fears about the legislation are rooted in misunderstandings. Relford pointed specifically to concerns about law enforcement’s ability to identify whether a person is armed if they are not required to have a registered license. But from Relford’s perspective, licenses only indicate when a law-abiding citizen has a handgun, while criminals will carry a handgun regardless of whether they have a license.

Further, in the recent Indiana Supreme Court decision in Thomas Pinner v. State of Indiana, the high court held that officers cannot approach a person and ask to see their license to carry a handgun without reasonable suspicion. That decision takes away officers’ arguments that constitutional carry would inhibit their ability to investigate whether a person is illegally armed, Relford said.

“This is not a case where, through independent investigation or personal experience, the officers had reason to believe that Pinner’s possession of a weapon was in violation of Indiana law,” now-retired Justice Robert Rucker wrote in the May opinion. “In essence, other than the taxi driver’s claims of being fearful because he had seen an individual matching Pinner’s description ‘drop a handgun,’ there is no evidence in the record from which an inference of criminal activity can be drawn.”

However, Relford conceded that concerns about a loss of law enforcement revenue due to a loss of the license filing fee are legitimate. Bray also acknowledged those concerns and said the committee will get into the “nuts and bolts” of constitutional carry, including discussions about the budgetary impact of doing away with the licensing fee.

Tuesday’s committee agenda includes discussion of the fiscal impacts of constitutional carry, as well as discussions about reciprocity licenses and persons who should be prohibited from possessing or carrying a handgun. The full agenda is available here.

Alcohol commission begins work, looks at retail permits

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Marilyn Odendahl for www.theindianalawyer.com

The Statehouse will again be talking liquor as the Indiana Alcohol Code Revision Commission holds its first hearing Tuesday.

Former Indiana Sen. Beverly Gard is leading the special commission that was convened by the Legislature to examine the state’s alcoholic beverage laws during the 2017 and 2018 interim sessions. This session, the commission is expected to focus on the retail sector and then make recommendations to the General Assembly.

In announcing the formation of the commission, Indiana Senate President Pro Tem David Long, R-Fort Wayne, said, “All issues are on the table as we begin this process.”

The commission has scheduled six meetings with the final one Nov. 14. Only the first meeting, scheduled to begin at 1 p.m. Tuesday in the Senate Chamber, has an agenda. The commission will be reviewing the state’s alcoholic beverage retailer and dealer permit classifications and soliciting testimony on topics the public would like the commission to study.

Bills about alcohol have been regularly introduced into the Statehouse in recent sessions. However, during the 2017, the issue exploded when the Indiana convenience store chain Ricker’s expanded its food service into a restaurant then, courtesy of a loophole in the law, qualified for liquor permits that enabled the business to legally sell cold beer at two of its stores.

House Enrolled Act 1496, authored by Rep. Ben Smaltz, R-Auburn stitched up the loophole by requiring permit holders to have at least 60 percent of the alcoholic beverages they sell be consumed on the licensed premises.

Although lawmakers addressed the situation, rancor in the Statehouse led to the creation of the commission.

Another topic that may be considered by the commission is Indiana’s three-tier system which, in part, restricts distributors from carrying all three kinds of alcoholic beverages — beer, wine and liquor. Monarch Beverage Co. in Indianapolis and its corporate sister, E.F. Transit, Inc., has been challenging the state’s prohibition on joint wholesaling in state and federal courts, claiming the law is unconstitutional.

The company has lost five court cases but another is still pending before the 7th Circuit Court of Appeals.

In E.F. Transit, Inc. v. Indiana Alcohol and Tobacco Commission, et al, 16-3641, E.F. Transit, which maintains it is a trucking company, is being unlawfully barred from providing its transportation services to liquor wholesalers. Oral arguments were April 10, 2017, by the three-judge panel of Frank Easterbrook, Ilana Diamond Rovner and Diane Sykes.

The commission is comprised of legislators and laypersons appointed by majority and minority leadership in the Indiana Senate and House of Representatives. In addition to Gard, the group has four senators, four representatives and eight lay members

The legal community has several representatives on the commission.

Sen. Lonnie Randolph, D-East Chicago, is an attorney in private practice along with lay member Randall Woodruff of Woodruff Law Offices, P.C., in Anderson.

Also, LaPorte Senior Judge William Boklund; Indiana University Maurer School of Law associate professor Gina-Gail Fletcher; and Douglas Kowalski, now the risk manager for Indianapolis Public Schools but formerly the executive secretary and hearing judge for the Indiana Alcohol and Tobacco Commission are all on the commission.

The other lay members are Lt. Terry Bauer, retired Indiana State Excise Police officer; Jennifer Bott, dean of the Miller College of Business at Ball State University; Keith Byers, who operates the family-owned company of Automotive Color & Supply Corp. in Fort Wayne; and Alex Huskey, former chair of the Indiana Alcohol and Tobacco Commission and now chancellor of the Ivy Tech Community College’s Marion campus.

The other legislators are Republican Sens. Ron Alting and Eric Bassler and Reps. Matt Lehman and Smaltz; and Democratic Sen. David Niezgodski and Reps. Terri Jo Austin and Philip GiaQuinta.

 

County Commissioners, WorkOne Southwest to Host Job Fair

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More than 150 job openings available; special hour for military veterans

  The Vanderburgh County Commissioners, in coordination with WorkOne Southwest, will host a job fair on Aug. 23, 2017. Employers such as Berry Global, Warehouse Services Inc., Trilogy Healthcare Services, Vectren Corporation, Electronics Research Inc., Cintas Corporation, and Pittsburgh Glass Works have registered for the event. More than 150 job openings will be available through the participating employers.

The event will kick off with a Veterans-Only Hour from 1 p.m. to 2 p.m. for military veterans seeking employment.

The event will then open to the public from 2 p.m. – 4 p.m.

The job fair will take place at the C.K. Newsome Community Center, located at 100 E. Walnut Street in Evansville.

“We appreciate the support of the Vanderburgh County Commission in hosting this event,” said Jim Heck, Executive Director WorkOne Southwest. “We encourage all job seekers in Southwest Indiana who are seeking employment or looking to advance their careers to please attend.”

Adopt A Pet

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Casey is a 5-year-old female orange tabby. She was declawed on all-four paws prior to her arrival at VHS! A quieter home without very boisterous young children would be best for Casey. But she does get along with other cats. Her adoption fee is $50 and she’s already microchipped, spayed, and vaccinated… ready to go home today! Contact the Vanderburgh Humane Society at (812) 426-2563 or adoptions@vhslifesaver.org for adoption details.

 

VANDERBURGH COUNTY FELONY CHARGES

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

Amador Esquvell Alonzo III: Criminal trespass (Level 6 Felony)

Robert Anthony Gibson: Possession of methamphetamine (Level 6 Felony), Possession of marijuana (Level 6 Felony)

Roy Esmeil Rodriguez: Child molesting (Level 4 Felony), Resisting law enforcement (Class A misdemeanor)

Mark Allen Kellems: Theft (Level 6 Felony)

Mark Anthony Schapker: Unlawful possession of syringe (Level 5 Felony)

Eclipse mania has hit the Tri-State. Your public safety partners are ready for the big day (of darkness)

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We are just a few hours away from an event that is decades in the making. With the excitement that surrounds today’s total eclipse, there comes some safety issues.
In order to keep everyone safe, we have some info for you to be aware of:
Glasses- Only approved glasses should be used to view the eclipse- DO NOT drive with eclipse glasses on
Parking- NO PARKING will be allowed along US HWY 41 or I-69- Officers will be in the area enforcing this rule
Traffic- People have been coming into the region for several days-
They will all be leaving at about the same time. Traffic traveling north into Indiana may arrive during our normal rush hour traffic- BE PATIENT

Twin Bridges- We know the construction zone is a pain. You know the construction zone is a pain. Driving aggressively is not going to change that.

Late goal propels Aces past UT Martin

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Osinski, Portenier, and Baham combine for game-winner

 With the game heading towards overtime, the trio of Sara Osinski, Montana Portenier, and Nicki Baham linked up for a late goal that helped give the University of Evansville women’s soccer team a 2-1 victory over UT Martin on Sunday night at Arad McCutchan Stadium.

Nearly the entire first half ticked by without many scoring chances for the Aces and Skyhawks, but senior Nicki Baham pounced late in the half when presented an opportunity. In the 43rd minute, Baham responded to a defensive miscue by UT Martin, stealing the ball and fighting through contact before finishing past the keeper to give the Aces a 1-0 lead.

The Skyhawks responded just ten minutes into the second half with a goal of their own in the 56th minute that tied the contest at a goal a piece as Katelyn Colvin whipped in a cross that Aces freshman goalkeeper Michaela Till deflected. The ball ended up at the feet of the Skyhawks’ Nicole Collins who slipped it into the back of the net.

As the clocked ticked under three minutes left in regulation, the game seemed destined for overtime. UE mounted one last effort as Baham settled the ball just beyond the top of the box and slid it to the left of the box for a sprinting Portenier. The senior dribbled and spotted Osinski making a run through the box and crossed the ball to the junior who rebounded a deflection by the keeper and clipped it into the back of the net to push the Aces back ahead, 2-1.

“That’s probably the first time in a couple years that we have had three people running in the goal at the same time and there for the putback,” said head coach Krista McKendree. “We don’t get a lot of putback goals and that is what we have really been trying to focus on is continue your run and try to get some scrap goals.”

UT Martin earned a pair of corner kicks in the final minute, but was unable to send the match to overtime.

Portenier fired a team-best two shots, adding an assist on the game-winning goal. Baham and Osinski each took just one shot, both goals, while Baham added an assist.

In goal, Till earned her first collegiate victory, making three saves and allowing one goal in the victory.

UT Martin out-shot the Aces, 13-6, but held just a single shot advantage over UE on shots on goal.

“We’ve been talking a lot about just making sure they’re willing to grind it out,” said McKendree. “For us, it’s going to be about trying to use our bench and trying to make sure we’re working as hard as we can for the time we are in there. The team bought into that tonight and I think they did what we’ve been asking them to do for the last week.”

The Aces return to action on Friday when UE hosts IUPUI for a non-conference clash at 5 p.m. at Arad McCutchan Stadium.

Ntabana, McGrath lead Aces past IUPUI in exhibition

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Pair of first half goals push UE past Jaguars

 In its only tune-up before the regular season, the University of Evansville men’s soccer team scored twice in the first 26 minutes and held on for a 2-1 victory over IUPUI on Sunday evening at Arad McCutchan Stadium.

The Aces opened the match aggressive, firing three shots before seven minutes had passed. UE found its breakthrough in the 15thminute as senior Arlick Ntabana received a pass from junior Caleb Williams and buried it in the back of the net to provide the Aces with a 1-0 lead.

Arlick’s a senior for us and he’s grown into his role and he understands what that is,” said Aces head coach Marshall Ray. “It was a great strike and he put it on frame and I couldn’t be happier for him. He deserves it.”

Less than 11 minutes later, UE found another goal as junior Zac Blaydes slid a sublime through ball to senior Ian McGrath, who timed his run well and found the back of the net to open up a 2-0 advantage for the Aces.

“It took us a while to start finding the midfielder’s feet and trying to find those combinations in the middle, but when we did we started to open them up a little bit,” said Ray. “It was a good run from deep from McGrath and Blaydes was able to play him a good ball through and he was cool on the finish.”

The Aces put two more shots on goal in the second half, but could not find a third goal. In the final seconds of the contest,IUPUI pulled one back to get back within a goal with just 39 second remaining in the game, but the Jaguars could not scramble to find the equalizer in the final ticks.

McGrath led the way for the Aces with a goal on a match-high four shots, while Ntabana added a goal on a pair of shots. Senior goalkeeper Matthew Keller stood tall between the posts, making the start and playing the first 60 minutes of action, earning the victory.

UE out-shot the Jaguars, 16-5, with an 11-0 advantage in the first half. The Aces also earned seven more corner kicks than IUPUI.

“It was a good chance for us to get everybody out tonight and get on the field and play a little bit, which was beneficial for us,” said Ray. “Great crowd tonight. It was great to have the freshman out and the community came out tonight. It’s always easier to play when you have fans backing you.”

The win is UE’s seventh-straight victory in its exhibition opener with the Aces’ last loss coming to Louisville on August 16, 2008.

The Aces open regular season action on Friday with a meeting with Anderson University (IN) at 7:30 p.m. at AradMcCutchan Stadium.