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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.

Scott Joseph Bond: Conspiracy Dealing in methamphetamine (Level 2 Felony), Dealing in methamphetamine (Level 2 Felony), Possession of methamphetamine (Level 4 Felony), Unlawful possession of a firearm by a serious violent felon (Level 4 Felony)

Charles Berretta Coleman: Domestic battery (Level 6 Felony)

Gabrielle A. Bond: Conspiracy Dealing in methamphetamine (Level 2 Felony), Dealing in methamphetamine (Level 2 Felony), Possession of methamphetamine (Level 4 Felony)

David Ray Hamilton: Dealing in methamphetamine (Level 3 Felony), Operating a motor vehicle after forfeiture of license for life (Level 5 Felony), Unlawful possession of syringe (Level 6 Felony)

Lina M. Bell: Operating a vehicle as an habitual traffic violator (Level 6 Felony)

Sarah Marie Yates: Dealing in methamphetamine (Level 4 Felony), Possession of a narcotic drug (Level 6 Felony), Possession of a narcotic drug (Level 6 Felony), Possession of a controlled substance (Class A misdemeanor), Possession of a controlled substance (Class A misdemeanor), Possession of a controlled substance (Class A misdemeanor)

Roosevelt Jason Van Clay: Domestic battery (Level 6 Felony)

Jarrell D. Madison: Intimidation (Level 6 Felony)

Sean Andre Bazzard: Dealing in marijuana (Level 6 Felony)

Jennifer Lee Bauer: Possession of methamphetamine (Level 6 Felony), Unlawful possession of syringe (Level 6 Felony), Possession of paraphernalia (Class C misdemeanor)

Kerri Lynn Hape: Theft (Level 6 Felony), Possession of methamphetamine (Level 6 Felony), Possession of marijuana (Class B misdemeanor), Possession of paraphernalia (Class C misdemeanor)

Jacob Josiah Mills: Battery resulting in serious bodily injury (Level 5 Felony), Attempt Strangulation (Level 6 Felony)

Michael Deangelo Whiteside: Burglary (Level 5 Felony), Theft (Class A misdemeanor), Battery resulting in bodily injury (Class A misdemeanor)

Christopher Glenn Griffin: Operating a motor vehicle after forfeiture of license for life (Level 5 Felony)

Henry George Deweese: Operating a vehicle as an habitual traffic violator (Level 6 Felony), Theft (Level 6 Felony), Resisting law enforcement (Class A misdemeanor), Owning a motor vehicle with an altered VIN (B infraction)

Jonathan Patrick Bunton: Theft (Level 6 Felony)

Michael Anthony Masterson: Possession of a narcotic drug (Level 6 Felony)

Mandy Ann Scoglietti: Possession of methamphetamine (Level 6 Felony), Maintaining a common nuisance – controlled substances (Level 6 Felony), Possession of paraphernalia (Class C misdemeanor)

Susan Linette Fulks: Battery against a public safety official (Level 6 Felony), Resisting law enforcement (Class A misdemeanor)

Jennifer Marie Allen: Unlawful possession or use of a legend drug (Level 6 Felony), Possession of a controlled substance (Class A misdemeanor)

Evansville loses lead, falls to Florence

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The Evansville Otters saw a two-run lead disappear as the Florence Freedom rallied for a 7-5 win in front of 1,105 in the series opener Tuesday.

The loss is Evansville’s fourth in a row at Bosse Field

First-place Florence scored in the top of the first inning when Andre Mercurio and Collins Cuthrell hit back-to-back RBI singles, giving the Freedom a 2-0 lead.

In the second, John Schultz hit a solo home run as Evansville cut the deficit in half at 2-1. The homer was Schultz’s 11th of the season and his fourth in the last four games.

An inning later, the Otters scored three runs to take a brief lead.

Josh Allen scored Christopher Riopedre on an RBI single and Dane Philllips followed with an RBI double, which scored Ryan Long and Allen.

The Freedom responded in the fourth as Daniel Fraga scored on an RBI single by Andrew Godbold. Mercurio followed with an infield single but a throwing error allowed Taylor Oldham to score.

Cuthrell picked up his second RBI of the game with a single that scored Godbold. Another error later in the inning allowed Mercurio to score, giving Florence a 6-4 advantage.

Keivan Berges extended the Freedom lead to 7-4 with a solo home run in the seventh.

The Otters brought the deficit back to within two in the bottom half of the inning. Jeff Gardner hit an RBI double but that would be as close as the Otters would get.

Schultz came to the plate in the ninth as the potential game-winning run and flew out to the warning track in left for the final out.

Hunter Ackerman took the loss, going six innings while allowing five earned runs off 10 hits.

Florence’s Steve Hagen earned the victory, pitching six innings and limiting the Otters to four runs off six hits.

Phillips finished 3 for 4 with two RBIs and Long was 2 for 5 with two runs for Evansville.

With the victory, Florence gained a game in the West Division on Evansville and now lead by five games.

Florence and Evansville continue their series Wednesday at 6:35 p.m. as it’s Book Lovers Night, sponsored by Barnes and Noble. Those who bring a book to donate will receive a discounted ticket price.

The game also includes a poster giveaway for early arriving fans in attendance with some fans taking home a 1990s poster highlighting the movie A League of Their Own while others will receive a 2000s poster celebrating the Otters 2006 Frontier League title. The posters are part of a season-long series of giveaways that highlight the history of Bosse Field.

Fans can listen live to the game on 91.5 FM WUEV and watch on the Otters Digital Network. Lucas Corley (play-by-play) and Bill McKeon (analysis) will provide coverage.

“READERS FORUM” AUGUST 9, 2017

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WHATS ON YOUR MIND TODAY?

We hope that todays “Readers Forum” 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?

Todays READERS POLL question is: Do you feel by Deaconess Hospital changing the name of its downtown location it will improve the health care in that location?

Please take time and read our newest feature articles entitled “LAW ENFORCEMENT, READERS POLL, BIRTHDAYS, HOT JOBS” and “LOCAL SPORTS” posted in our sections.  You now are able to subscribe to get the CCO daily.

If you would like to advertise in the CCO please contact us City-County Observer@live.com.

EDITOR’S FOOTNOTE:  Any comments posted in this column do not represent the views or opinions of the City County Observer or our advertisers.

EVSC Superintendent Smith to Welcome Students August 9

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EVSC Superintendent David Smith will be at West Terrace Elementary School tomorrow morning from 7:45 to 8:45 to welcome students, staff and families on the first day of school.
West Terrace Elementary School, 8000 West Terrace Drive

COA: No request for jury waived that right at misdemeanor trial

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Olivia Covington for www.theindianalawyer.com

The Indiana Court of Appeals has affirmed a man’s conviction of operating a vehicle while intoxicated after finding that his failure to request a jury trial for his misdemeanor charge constituted a waiver of his right to a jury.

In Evaristo Martinez v. State of Indiana, 49A02-1609-CR-2155, Martinez was initially pulled over for speeding and failing to use a turn signal, but was then taken to the police station after exhibiting signs of intoxication and failing a field sobriety test. A chemical breath test conducted at the station revealed an alcohol concentration equivalent of 0.129 grams of alcohol per 210 liters of breath.

As a result, Martinez was charged with two counts of operating a vehicle while intoxicated, one as a Class A misdemeanor and one as a Class C misdemeanor. He was also charged with Class C misdemeanor driving without ever receiving a license.

Martinez spoke limited English, so at his initial hearing he received a Spanish-language written advisements of rights, which informed him he had the right to a jury trial, but that he would have to request a jury at least 10 days before trial. The form went on to say that if Martinez did not make such a request, he would waive that right.

Martinez signed the form and retained counsel, and the Marion Superior Court set his trial for June 9, 2016. After Martinez failed to file a request for a jury, he was convicted of the OWI offenses at a bench trial. The judge vacated the Class C misdemeanor OWI charge and sentenced him on the Class A count.

On appeal, Martinez argued he did not validly waive his right to a jury trial. But in a Tuesday opinion, Judge Robert Altice wrote Martinez waived such an argument because he did not provide transcripts of any pretrial hearings, which would be “integral” to the appellate court’s review.

Waiver notwithstanding, Martinez argued that requiring a person charged with a misdemeanor to request a jury trial under Indiana Criminal Rule 22 is a violation of the Sixth Amendment. In order for his waiver to have been valid under the Sixth Amendment, Martinez said he was required to personally waive his right either in writing or verbally. But Altice pointed to Horton v. State, 51 N.E.3d at 1158, n.1., in which the Indiana Supreme Court noted that personal waiver is required only in felony prosecution.

Martinez, however, directed the court to the case of Jean-Baptiste v. State, 71 N.E.3d 406 (Ind. Ct. App. 2017), in which the Court of Appeals reversed a misdemeanor conviction based partly on the fact that the defendant had requested a jury trial, even though he didn’t comply with Rule 22. But in the instant case, the appellate panel declined to follow Jean-Baptiste because it “represents a departure from a long line of case law.”

“In Horton, our Supreme Court recognized a personal waiver requirement in felony cases emanating from state statute,” Altice wrote. “Moreover, Indiana courts have routinely noted that misdemeanor defendants waive their right to a jury trial by failing to make a timely jury demand – no affirmative waiver is required.”

TSA Celebrity Dinner Will Be Held This Sunday

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The 10th Annual Celebrity Dinner, the region’s largest and most successful HIV charity benefit, will be held on Sunday, Aug. 13 at 6pm at the Evansville Airport Holiday Inn, 7101 Highway 41 North. Cost to attend is $40 a person. Proceeds from the event benefit the Tri-State Alliance AIDS Holiday Project, which serves over 400 low-income families impacted by HIV / AIDs in our Tri-State region. Checks can be sent to the TSA Celebrity Dinner, PO Box 2901, Evansville, IN 47728 OR can be purchased online at Eventbrite.com and search for TSA Celebrity Dinner. Donations of live and silent auction items are also being sought. For more information please contact TSA President Wally Paynter at 812-480-0204 or wallypaynter@aol.com. 

EDITOR’S FOOTNOTE:  Pictured are Vanderburgh County Commissioner Ben Shoulders and Evansville Mayor Lloyd Winnecke are pictured from last year’s dinner. They will be serving again this year.

 

 

ELVIS: HAS HE REALLY BEEN GONE 40 YEARS?

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ELVIS: HAS HE REALLY BEEN GONE 40 YEARS?

Tyrades! by Danny Tyree

When I think about the 40th anniversary of the death of Elvis Presley (August 16), it seems we were living in a completely different world in 1977.

News of his passing was relayed by television, radio, word of mouth or the next morning’s newspaper. Tweets, blogs and podcasts were far in the future. Grief over his demise was expressed with hugs, tears and wreaths, not emojis.

Later in the year, when one of my high school classmates (hi, Tavye!) protested the sparsity of coverage of the plane crash that killed three members of the Lynyrd Skynyrd band compared to the hoopla over Elvis, she had to do it via a snail mail Letter To The Editor designed for publication in a paper-and-ink periodical.

Distraught fans would talk about “that movie Elvis did with what’s-her-name,” since (in that pre-Wikipedia world) they didn’t have his biography and discography at their fingertips.

One of my customers at the convenience market where I worked after school implored me to save him a copy of the next “Photoplay” magazine, because he heard they were going to do an Elvis tribute, and this might be the last chance he would ever have to own a memento of “The King”!!!

Elvis fans resigned themselves to a future of scouring second-hand stores for vinyl records and bugging local DJs to play the occasional Elvis oldie. Little did they know that eBay, Craigslist, YouTube, Amazon, satellite radio and streaming services would eventually make Elvis more available than ever.

We knew our troops in Vietnam had listened to rock music, but who would have thought our soldiers would someday be listening to Elvis in Iraq and Afghanistan?

My parents’ generation clucked their tongues over how the infamous “Dr. Nick” (George Nichopoulos) could keep a nice boy like Elvis hooked on prescription drugs. Of course, the opioid crisis of 2017 dwarfs any excesses by Seventies rock stars.

Only a prophetic futurist would have thought that “apps” could someday perform most of the functions handled by Elvis’s “Memphis Mafia” entourage.

Elvis died at a time when there was no MTV or rap music, dramatic TV shows didn’t use hit songs in their soundtracks and the Super Bowl didn’t court pop stars to perform at halftime. We would have laughed if someone had suggested that DISNEY would use an Elvis song in an animated movie. (But along came “Burning Love” in “Lilo & Stitch.”)

Elvis (who was filmed from the waist up on “The Ed Sullivan Show” and whose bordello scene was censored from his 1968 comeback special) died as standards were loosening, but few of us anticipated the language, substance abuse and sexual situations on network primetime TV in 2017.

We might have suspected that Graceland would become a tourist shrine, but we had no idea we would someday get there guided by “GPS” and driving electric cars or cars fueled by gasoline from “fracking.” Take pictures with something other than Kodachrome? And what’s a “selfie”?

Yes, it’s a different world. But some of our most basic needs remain. We still need a MIXTURE of songs about love, heartbreak, fun, reverence and patriotism.

I hope that the works of Elvis will remain available for many generations —- and that other artists will try their best to stir all the emotions that Elvis stirred.

If they do, I’ll say, “Thank you. Thankyouverymuch.”

Victory Theater by Pat Sides

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The Victory Theater was not the first in Evansville, but it is approaching the centennial of its opening, which occurred on July 16, 1921, shortly after this photo was shot. A survivor of the urban renewal movement that ravaged downtown a few decades ago, the theater is now a landmark at Sixth and Main streets, along with the old Sonntag Hotel (now Signature School) in which the Victory occupied a corner. The city was proud of the theater when it opened, with its 2,500-seat auditorium and lavishly decorated interior, and in 1928 it offered Evansville’s first “talking movie.” Renamed Loew’s Victory in the 1920s, the theater continued to show movies until 1979. Now refurbished, the venue functions as a multi-purpose events center.