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Otters outmatch Miners in series opener

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The Evansville Otters took the opening game of the series behind powerful pitching and dominant offense 9-3 over the Southern Illinois Miners.

Evansville (49-39) put up 16 hits in the effort including three hits each from Ryan Long and Chris Riopedre.

Southern Illinois (35-53) struggled on the mound walking eight Otters batters and striking out only seven.

Evansville jumped out to an early lead to open up the game in the first inning.

Jeff Gardner hit a sacrifice fly to right field to score Ryan Long. Brandon Soat drew a bases loaded walk later in the inning to bring in Josh Allen to make it 2-0.

In the bottom of the frame, Southern Illinois added their own run on a sacrifice fly from Ryan Lashley to cut the lead to 2-1.

The scoring fell silent until the fifth inning when the Otters came alive again.

Riopedre hit a two-RBI single to score John Schultz and Soat. Josh Allen then plated Zach Welz on a fielder’s choice to make it 4-1.

In the sixth inning, Welz hit an RBI single to score Jeff Gardner. In the seventh inning, Long hit an RBI single to score Riopedre making it 7-1.

The Miners drew closer in the bottom of the eighth inning on a two-run home run from Nolan Earley making it 7-3.

The Otters got the runs back in the ninth on a two-RBI double from Dane Phillips, his 30th of the season to make it 9-3.

Felix Baez impressed in his start. He walked just two and gave up only four hits in seven innings. Baez only surrendered one run and also struck out five.

Matt Parish recorded the loss for the Miners.

Riopedre also added on three steals in the contest. Riopedre now has 19 stolen bases for the season to lead the team.

The series resumes tomorrow at 6:05 p.m. at Rent One Park.

Fans can listen on 91.5 WUEV with Lucas Corley (play-by-play) and Zane Clodfelter (color commentary) on the call.

Tickets for August home games are still available by going to evansvilleotters.com or calling 812-435-8686.

Aces drop match to IUPUI, 1-0

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UE falls in final match of season-opening home stand
 In its final match of a season-opening three match home stand, the University of Evansville women’s soccer team fell to IUPUI, 1-0, on Friday night at Arad McCutchan Stadium.

The first half passed by with just eight total shots for the Aces and Jaguars combined, with just three being put on goal.

In the second half, the Jaguars found their breakthrough as Jillian Steinbrink whipped a ball across the face of the goal that Valentine Pursey volleyed into the back of the net to give IUPUI a 1-0 lead.

UE had its chances in the second frame as the Aces fired eight total shots with a pair on-goal, but could not find the equalizer.

“Obviously, the girls fought at the end, but we gave them too many good looks and we didn’t convert on the chances we had,” said UE women’s soccer head coach Krista McKendree. “We had three breakaways and we have to put one of those away and that’s unfortunate for us because our defense can only hold them off for so long. For us, when we get those looks we have to put them away.”

Senior Montana Portenier led the way for UE with four total shots, two on-goal, in the loss. The Aces were outshot by IUPUI, 13-11, but UE edged the Jaguars in corner kicks, 5-2.

The Aces hit the road for the first time in the 2017 regular season as UE travels to take on the Fort Wayne Mastodons at Noon (CDT) on Sunday in Fort Wayne, Indiana.

Vanderburgh County Recent Booking Records

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http://www.vanderburghsheriff.com/recent-booking-records.aspx

CHANNEL 44 NEWS: Midwest Food Bank Accepting Donations for Hurricane Harvey

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Midwest Food Bank Accepting Donations for Hurricane Harvey

AUGUST 26TH, 2017  TYRONE MORRIS EVANSVILLE, INDIANA

  Indiana Task Force One, the Indiana Chapter of the Red Cross, and the Midwest Food Bank all say they’ve either already sent or will send resources to Texas or Louisiana.

So far, seven members of Indiana Task Force One have already left for Texas. If the conditions get bad enough, Captain Mike Pruitt says one call could mean all 84 members will be headed for Harvey.

The Indiana Chapter of the American Red Cross is also on standby. They may have to send hundred of Hoosiers to Texas to help with mass care, health services and feeding the hungry.

The Midwest Food Bank has already sprung into action as well. Their services may be needed for months after Hurricane Harvey hits. In order to meet demands for that extended period of relief, the Midwest Food Bank says it’ll need all of Indiana’s Help. They’re asking for donation to help them meet that demand.

Those wishing to help with the cost of food for the boxes and fuel to deliver them, may send donations to Midwest Food Bank, 2031 Warehouse Road, Normal, IL 61761, or visit https://midwestfoodbank.org/home and

“READERS FORUM” AUGUST 26, 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:

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.

COA: Pre-Death Family Will Settlement Agreement Enforceable

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COA: Pre-Death Family Will Settlement Agreement Enforceable

Dave Stafford for www.theindianalawyer.com

Ruling on a matter of first impression Friday, the Indiana Court of Appeals found that family members may enter into an enforceable settlement agreement regarding the distribution of assets from an estate before the testator’s death.

The question arose in a Morgan County case, In the Matter of the Supervised Estate of Gary D. Kent, Deceased, et al. v. Cynthia Kerr,
55A01-1612-ES-2907. Before Gary D. Kent died, he asked his children, Cynthia Kerr and John David Kent, to sign a settlement agreement in December 2015 specifying how their inheritance would be divided upon his death. The father had a valid will calling for an equal division of the estate, but the agreement specifically outlined who would receive particular property and satisfy a mortgage, among other things.

A week after the siblings signed the agreement that was notarized by their father’s lawyer, John executed a written notice that he was rescinding the agreement and sent it to Cynthia by certified mail. Gary died the next month, after which John and Kevin, a cousin of Gary’s who was a personal representative, filed a petition to probate the will. Cynthia challenged the probate action and asked the trial court to enforce the settlement agreement. She argued I.C. 29-1-9-1 permits prospective beneficiaries of a future inheritance to execute a family settlement before the decedent’s death. The trial court rejected her motion for summary judgment, leading to this appeal.

The COA reversed and remanded to the trial court to enter judgment on Cynthia’s motion to enforce the agreement. The panel’s statutory interpretation noted Indiana case law favors the strong presumption of the enforceability of contracts.

“Cynthia presents an issue of first impression for our courts, namely, whether Indiana Code Section 29-1-9-1 permits family settlement agreements to be executed prior to a decedent’s death,” Judge Edward Najam wrote for the court. “… (W)e hold that Indiana Code Section 29-1-9-1 does not prohibit pre-mortem family settlement agreements.

“John contends only that he had a right to rescind the agreement because Gary was still alive when he executed the rescission. But John does not support that contention with citation to authority, and we are not aware of any such authority. In sum, the agreement is supported by adequate consideration, and John’s purported rescission was a nullity. The trial court erred when it denied Cynthia’s motion to enforce the agreement,” Najam wrote.

 

 

FEET OF CLAY By Jim Redwine

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Gavel Gamut By Jim Redwine

www.jamesmredwine.com

FEET OF CLAY?

William Shakespeare had Marc Antony preach these words at Julius Caesar’s funeral:

“The evil that men do lives after them; the good is oft interred with their bones.”

Act III, Scene 2

Antony went on to list Caesar’s accomplishments in addition to his being ambitious. There was some good, some bad. Perhaps the citizens of Rome should have erected a partial statue of Caesar honoring just the good parts.

This could be a solution to our current controversy over monuments to historic figures. A committee could be composed of people who admire the works of a now dead leader and those who find the figure’s behavior flawed. A few examples might be helpful.

George Washington survived Valley Forge, presided over the Constitutional Convention and refused the opportunity to be named an emperor. On the other hand he owned hundreds of slaves and helped enshrine slavery into our legal system. The Committee might consider cutting the Washington Monument in half.

Thomas Jefferson was responsible for the Bill of Rights that guaranteed individual liberty but only to twenty-one year old white males. He also owned slaves and had children by one of them. Today such an employer/subject relationship would result in severe censure. Perhaps the Committee might recommend the Jefferson Memorial be closed every other week.

As we search for unblemished heroes to honor we could consider Abraham Lincoln who issued the Emancipation Proclamation. However, he at first averred slavery would be preferable to the disintegration of the Union and the Proclamation did not free all slaves just those in the states of the Confederacy. The Committee could maybe have a disclaimer added as a placard around his statue’s neck.

Andrew Jackson committed adultery, captured Seminole Indians under a flag of truce and as president created The Trail of Tears. On the other hand, he was a courageous and victorious military leader. A short bronze bust could replace his heroic sized statue.

As for Mount Rushmore the Committee would have to remove at least 3 of the 4 figures. Of course, Teddy Roosevelt had a penchant for shooting animals which might upset the ASPCA; so all 4 might have to be erased.

Right here in Posey County, Indiana we have a dilemma about what to do with our most famous citizen. Alvin Peterson Hovey was once Posey Circuit Court Judge, a Civil War general for the Union and our only governor. Unfortunately, he also was instrumental in helping to cover up the murders of seven Black men in October 1878. One of those Black men was shot and stuffed into a hollow tree on a farm owned by Hovey. Will the Committee have to remove the glowing patina from Hovey’s bronze in the Indiana State House?

One might look to Jesus as the paragon of virtue but even he got angry and threw the moneychangers out of the temple. He, also, voiced his hope that the cup of his great travail might pass from him. On the other hand, apparently no one knows what Jesus looked like unless one believes the Shroud of Turin is a clue. I guess the Committee would not be able to find any statues of Jesus to modify.

It appears that history has not provided us with any perfect examples to honor. Maybe the Committee will have to suggest that all statues be modified by substituting feet of clay.

EDITORS FOOTNOTE: For more Gavel Gamut articles go to:

www.jamesmredwine.com

Vanderburgh County Current Warrants

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Vanderburgh County Current Warrants

Luke Messer Announces Pence, Kittle, Hallowell to Co-Chair Campaign; Rose to Chair Finance Committee, and Hiring of Veteran Campaign Manager

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Former Campaign Manager for Sen. Rand Paul to manage Messer’s U.S. Senate campaign
Indianapolis, IN – Less than two weeks since Rep. Luke Messer announced his campaign for U.S. Senate in front of hundreds of supporters in Morristown, the campaign is taking shape. The campaign will be co-chaired by Jim Kittle, Greg Pence and Jennifer Hallowell. Kittle previously served as the Chairman of the Indiana Republican Party and as the Finance Chairman for Vice President Mike Pence’s gubernatorial campaign. The Vice President’s brother, Greg Pence, previously served as Messer’s Finance Committee Chairman and has taken on additional leadership responsibilities. Hallowell is a former Executive Director of the Indiana Republican Party and has worked on several local, state and national Republican campaigns.
Greg Pence said, “We are growing this campaign because it is so important we send Luke Messer to the United States Senate. Luke is a proven conservative leader who can accomplish big things and that’s exactly what we need in the U.S. Senate.”
The new “I Like Luke” Finance Chairman is Central Indiana business leader Doug Rose. Rose has been active in many state and national campaigns and he will lead the finance committee which includes more than forty leaders from across the state. Additionally, Jenna Knepper, who worked on the campaigns for Senator Todd Young, Secretary of State Connie Lawson and former Indianapolis Mayor Greg Ballard, will serve as the Statewide Grassroots Chair for the campaign.
Messer also announced hiring Chasen Bullock as the Campaign Manager. Chasen was the Campaign Manager for Kentucky Senator Rand Paul, worked on the Rand Paul for President campaign and has managed multiple congressional races around the country.
Messer stated, “Our team is going to be focused on the things that matter. Hoosiers deserve a United States Senator who will vote with them 100% of the time. I’m running for Senate because I want to advance the Trump-Pence agenda to repeal and replace Obamacare, secure our border, cut back on overly burdensome regulations, and bring jobs and investments back to America.”
The Messer campaign also released its first video advertisement that features highlights from the August 12th campaign kick-off. The video will be promoted online in the coming days and can be accessed here.

Powell: Enforcement Plays Vital Role in Drug Crisis

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The Indiana Commission to Combat Drug Abuse heard today a law enforcement perspective on the opioid and drug crisis.

Commission Member David Powell, executive director of the Indiana Prosecuting Attorneys Council, discussed synthetic drug dangers, the impact of current drug penalties and he asked the commission to help halt marijuana legalization efforts.

Powell said synthetic versions of controlled substances avoid classification as an illicit drug because they have a slightly altered molecular structure, they avoid detection by traditional means and the possibilities of alteration of synthetic drugs are literally endless. “Illicit manufacturers can produce new drugs faster than they can be scheduled by authorities,” he said. Additionally, the medical costs of synthetic drug poisoning averages $25,600 per poisoning admission.

Despite the highly dangerous nature of synthetic drugs in Indiana, criminally, they are carved out for special penalty treatment and are treated as infractions and misdemeanor offenses. He urged that persons charged with synthetic drug possession or dealing be charged at the same level as any other Schedule I controlled substance.

Concerning current drug penalties in the state, Powell noted that commitments to the Indiana Department of Corrections by persons who have committed new crimes have been decreasing but parole and probation violations have increased in some cases. “Why are we not stopping this recidivism train that’s happening?” he asked.

In regards to marijuana legalization proposals that might come before the Indiana legislature during its 2018 session, Powell urged the commission to study lessons learned in Washington and Colorado from those states’ legalization experiments. Businesses and industry in states with legal marijuana are having trouble finding employees who can pass drug tests. Additionally, the overall number of traffic deaths related to marijuana has risen sharply in Colorado. Emergency-related poison control calls have also risen in Washington (68%) and Colorado (109%).

Powell noted that overall use of marijuana by youth, ages 12-17 is much greater in Washington and Colorado than the national average. “It is worrisome,” he said, “that 40% of American kids today think people drive better when they are high.”

Powell urged the commission to access the online publication “Lessons Learned After 4 Years of Marijuana Legalization” from the organization Smart Approaches to Marijuana.

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