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COA Affirms Dismissal Of Armed Burglary Charge

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COA Affirms Dismissal Of Armed Burglary Charge

Olivia Covington for www.theindianalawer.com

A Huntington County woman who stole a gun as part of a plan to trade the gun for drugs will not be charged with armed burglary because the gun was not used to “arm” the woman during her crime, the Indiana Court of Appeals ruled Wednesday.

In October 2015, Andrew Stoffel returned to his home and discovered that it had been burglarized, with a handgun with three magazines and a safe missing. Amber McHenry was charged with Level 2 and Level 4 felony burglary counts for her alleged involvement in the crime.

McHenry moved to dismiss the Level 2 felony charge of burglary while armed with a deadly weapon, arguing because she obtained the handgun in the course of the burglary, it could not be used to elevate her charge.  The trial court granted McHenry’s motion, prompting the state’s appeal in State of Indiana v. Amber E. McHenry, 35A04-1609-CR-2080.

In a Wednesday affirmation of the trial court’s decision, Indiana Court of Appeals Senior Judge Ezra Friedlander noted that one of McHenry’s accomplices, Rolly Dulworth, had told McHenry and other accomplices where to find the gun based on an earlier conversation with Stoffel at his home. Then, during the robbery, McHenry used Dulworth’s information to locate the gun, which she later traded for heroin.

“Applying ‘using or involving a weapon’ as the plain meaning of the term ‘armed,’ we observe that a person is not armed merely by virtue of possessing a weapon,” Friedlander wrote. “Rather, there must be something more indicating the use or involvement of the weapon in the crime. The evidence here does not indicate that McHenry handled the gun in a manner indicative of using it or involving it in the crime in any way.”

Rather, the judge said McHenry seemed to view the gun as “loot” that could later be used to obtain drugs.

“Indeed, it seems illogical that the defendant who steals a gun is charged with a higher-level felony than a defendant who steals other items, such as coins or tools, even though the crimes are committed in the same, unarmed manner,” Friedlander wrote.

Gov. Holcomb to Award Eva Kor the 2017 Sachem in Indianapolis TODAY

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INDIANAPOLIS – Governor Eric J. Holcomb will award Holocaust survivor, CANDLES Holocaust museum founder, and forgiveness advocate Eva Mozes Kor the 2017 Sachem Award, the state’s highest honor, at a ceremony Thursday, April 13, 2017 at the Indiana War Memorial.

WHO:           Eva Mozes Kor, Holocaust survivor and CANDLES Holocaust museum founder

Dr. Dennis C. Sasso, Rabbi of Congregation Beth-El Zedeck

Indiana Gov. Eric J. Holcomb

Dr. James Madison, Emeritus Professor at Indiana University

WHAT:          2017 Sachem Award Ceremony

WHEN:         Thursday, April 13, 2017

10 to 11 a.m. EDT

WHERE:       Indiana War Memorial

431 N. Meridian Street

Indianapolis, IN 46240

·         The event will be live streamed via Facebook Live at www.facebook.com/GovHolcomb and www.facebook.com/WFYI.Indianapolis. 

Sachem (Say-chum) Background

In 1970, Governor Edgar D. Whitcomb introduced the “Confederacy of the Sachem,” a group of business, industry, publishing, banking and legal leaders, who served as state hosts, welcoming visitors to Indiana and promoting the state’s culture and economy. The organization’s name came from the Algonquin term applied to village leaders, implying wisdom, judgment and grace.

Following Whitcomb’s term, the Sachem project was not pursued, and the organization dissolved in 1989. Whitcomb visited Daniels in 2005 to acquaint him with the concept. Governor Daniels recreated the Sachem to underscore the importance of moral example; achievement alone without exemplary virtue does not qualify a person for this recognition.

Each Sachem honoree receives a specially-designed sculpture that captures the Native American heritage of the Sachem. All Sachem recipients are selected by Indiana’s governor.

Eva Mozes Kor will be the 12th recipient of Indiana’s Sachem Award. For additional background information on Eva, visit the CANDLES website atcandlesholocaustmuseum.org.

Eagles hosting Bearcats for GLVC series

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The University of Southern Indiana baseball team returns to the USI Baseball Field Friday and Saturday for a four-game Great Lakes Valley Conference series with McKendree University. The Screaming Eagles (16-14, 9-3 GLVC) and the Bearcats (10-21, 1-11 GLVC) throw out the first pitch for Friday’s doubleheader at 2 p.m., while Saturday’s twin bill is slated for a noon start. Coverage of the Eagles in 2017 can be found on GoUSIEagles.com.

SCREAMING EAGLES BASEBALL NOTES:

USI starts week with a win. The Eagles have won a season-high five-game winning streak after posting a 5-3 victory over the University of Missouri-St. Louis Tuesday afternoon in St. Louis, Missouri. USI junior designated hitter/outfielder Drake McNamara led the Eagle hitters with a three-for-four performance, including a two-run double and a home run.

USI goes 4-1 last week with four-game GLVC sweep. After a rough start, USI rebounded to go 4-1 in last week’s action. The Eagles began last week’s action with a loss to the University of Evansville in the annual “Battle at the Braun” before sweeping four Great Lakes Valley Conference games from the University of Wisconsin-Parkside. USI junior designated hitter/outfielder Drake McNamara led the way for the Eagles, batting .429 (6-14) with two doubles and eight RBIs.

McNamara reaching base. Junior designated hitter/outfielder Drake McNamara has reached base in each of the last 13 games.

USI gets over .500. USI pushed its overall record over the .500 mark for the first time 2017 with the four-game winning streak. The Eagles have won 14 of the last 20 games since starting the year with a 3-8 record.

Eagles fly into a tie for first in GLVC East. The Eagles have flown into a tie for first in the GLVC East Division with a 9-3 record. USI is tied for first with the University of Illinois Springfield, but has the tie-breaker after taking three-of-four from the Prairie Stars two weeks ago. The Eagles also lead third place Bellarmine University and the University of Indianapolis by a full game.

Griffin named GLVC Pitcher of the Week. Junior right-hander Kyle Griffin was named the GLVC Pitcher of the Week after shutting out UW-Parkside, 6-0, last weekend. Griffin (3-3), who has three wins and a no decision in his last four starts, scattered five hits and struck out seven in his seven innings on the mound versus the Rangers.

Pitchers doing the job. USI’s pitching staff has been doing the job in the last 20 games, posting a 2.41 ERA and holding opposing hitters to a .244 batting average. In the first 11 games, USI hurlers had a 5.13 ERA, while the opposition had a .307 batting average.

Individual win streaks. The Eagles have won each of junior right-hander Kyle Griffin‘s last four starts with the hurler posting a 3-0 record. Senior right-hander Lucas Barnett has three-straight victories, while the Eagles have won five of his last six starts.

Last 10 games. Junior designated hitter/outfielder Drake McNamara leads the Eagles over the last 10 games, batting .480 (12-25) with 12 RBIs, three doubles, and a home run in nine of the contests. Sophomore shortstop Jacob Fleming follows with a .444 batting average (12-27) in nine starts at shortstop and second base.

Season hitting leaders. Sophomore shortstop Jacob Fleming and junior utility player Nathan Kuester are the only Eagles over .300 with .327 and .322 batting averages, respectively. Junior outfielder Drake McNamara leads USI with a team-best five home runs and 24 RBIs.

Season pitching leaders. Sophomore right-hander Austin Krizan has the Eagles’ best ERA at 2.25 (minimum 15 innings) in his 10 appearances and 36.0 innings of work. Senior right-hander Lucas Barnett has the team lead in victories with four, while junior right-hander Kyle Griffin has recorded a team-high 51 strikeouts in eight games.

Archuleta at USI. USI Head Coach Tracy Archuleta is USI’s all-time winningest coach with a record of 394-206 (.657) in nine-plus seasons and is 542-330 (.622) in 14-plus seasons all-time as a head coach. He has been named the ABCA Division II Coach of the Year twice (2010 and 2014) after leading the Screaming Eagles to a pair of national championships and the ABCA Division II Midwest Region Coach of the Year after leading USI to the regional crown in 2016. Archuleta also has earned a pair of GLVC Coach of the Year awards (2011 and 2014) at USI.

USI vs. McKendree. USI leads the all-time series with McKendree, 20-12, after taking three of four from the Bearcats on the road last year. The Eagles also have won seven of the last eight meetings with the Bearcats. McKendree visits Evansville after winning its last two games, posting a 28-5 win over the University of Indianapolis Sunday and a 5-3 win over NCAA Division I St. Louis University Tuesday.

 

 

North High School to Host Science Show for Delaware First Graders

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North High School to Host Science Show for Delaware First Graders
Thursday, April 13
9 – 11:30 a.m.
North High School, 15331 Highway 41 N
About 75 first graders from Delaware Elementary School will travel to North High School tomorrow to participate in their very own science show. The first graders will see and participate in science demonstrations and activities, including a cloud demonstration. This is an annual event at North and one that allows first graders the opportunity to participate in science experiments at the high school level.

Chairman Luke Messer Launches  Task Force For The American Worker 

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Chairman Luke Messer Launches  Task Force For The American Worker 

CNBC’s Larry Kudlow, Mayor of La Porte, Indiana to testify at first hearing

WASHINGTON (Tuesday, April 11, 2017) — Rep. Luke Messer (IN-06), chair of the Republican Policy Committee, today announced the launch of the Task Force for the American Worker – an effort to examine challenges facing modern-day working Americans.

The Task Force for the American Worker will hold a series of hearings to examine workforce issues, including stagnant wages and a slow economic recovery, manufacturing, higher education costs, the opioid abuse epidemic, health care, retirement security and trade.  The Task Force will seek to find solutions that help address each of these challenges.

For generations, the American dream has meant that every American who works hard can find success. But in recent years, frozen paychecks, a tough job market and rising living costs make the American Dream too often seem out of reach,” Messer said. “During the 2016 election, Republicans promised a renewed focus on addressing these challenges and improving the lives of everyday working people. This Task Force is about making those promises a reality.”

 Messer announced the Task Force’s first hearing will be on Tuesday, April 25, with the goal of helping set a policy agenda for the modern American worker.

WHAT:           “An Agenda for the Modern American Worker” hearing

WHO:              Mr. Larry Kudlow, CNBC Senior Contributor, Founder/CEO of Kudlow &

Company, LLC

The Honorable Blair Milo, Mayor of the City of La Porte, IN

Mr. John Friedman, Associate Professor of Economics at Brown University

Mr. Jim Pethokoukis, Editor of AEIdeas and a DeWitt Wallace Fellow

WHEN:           Tuesday, April 25, 2017, 2PM

 WHERE:         Rayburn House Office Building 2360, Washington, D.C.

 

 

 

Air Quality Forecast

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Air quality forecasts for Evansville and Vanderburgh County are provided as a public service.  They are best estimates of predicted pollution levels that can be used as a guide so people can modify their activities and reduce their exposure to air quality conditions that may affect their health.  The forecasts are routinely made available at least a day in advance, and are posted by 10:30 AM Evansville time on Monday (for Tuesday through Thursday) and Thursday (for Friday through Monday).  When atmospheric conditions are uncertain or favor pollution levels above the National Ambient Air Quality Standards, forecasts are made on a daily basis.

Ozone forecasts are available from mid-April through September 30th.  Fine particulate (PM2.5) forecasts are available year round.

Monday
April 10
Tuesday
April 11
Wednesday
April 12
Thursday
April 13
Friday
April 14
Fine Particulate
(0-23 CST avg)
Air Quality Index
good good moderate good NA*
Ozone
Air Quality Index
good good good moderate NA*
Ozone
(peak 8-hr avg)
(expected)
NA* NA* NA* NA* NA*

* Not Available and/or Conditions Uncertain.

Air Quality Action Days

Ozone Alerts are issued by the Evansville EPA when maximum ozone readings averaged over a period of eight hours are forecasted to reach 71 parts per billion (ppb), or unhealthy for sensitive groups on the USEPA Air Quality Index scale.

Particulate Alerts are issued by the Evansville EPA when PM2.5 readings averaged over the period of midnight to midnight are forecasted to reach 35 micrograms per meter cubed (µg/m3).

Current conditions of OZONE and FINE PARTICULATE MATTER are available in near real-time on the Indiana Department of Environment Management’s website.

National and regional maps of current conditions are available through USEPA AIRNow.

VANDERBURGH COUNTY FELONY CHARGES

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

Judy Frank: Possession of a narcotic drug (Level 6 Felony), Unlawful possession or use of a legend drug (Level 6 Felony), Possession of a controlled substance (Class A misdemeanor), Possession of a controlled substance (Class A misdemeanor) Operating a vehicle while intoxicated endangering a person (Class A misdemeanor)

Shane Matthew Graves: Criminal trespass (Level 6 Felony), Resisting law enforcement (Class A misdemeanor)

Demetrius Daiz Leak: Aggravated battery (Level 3 Felony)

Brandon Anthony Schaeffer: Theft of a firearm (Level 6 Felony), Carrying a handgun without a license (Class A misdemeanor)

Dalton Elias Adams: Neglect of a dependent resulting in serious bodily injury (Level 3 Felony), Domestic battery resulting in serious bodily injury to a person less than 14 years old (Level 3 Felony)

Stephen Lynn Bobbitt: Possession of methamphetamine (Level 6 Felony), Unlawful possession of syringe (Level 6 Felony)

Ryan Mathew Lands: Battery against a public safety official (Level 6 Felony), Resisting law enforcement (Class A misdemeanor), Criminal trespass (Class A misdemeanor)

Dylan Conrad Combs: Possession of methamphetamine (Level 6 Felony), Possession of a synthetic drug or synthetic drug lookalike substance (Class A misdemeanor), Possession of marijuana (Class B misdemeanor)

Aaron Edward Butler: Unlawful possession of syringe (Level 6 Felony)

Markese Lamar Wallace: Theft of a firearm (Level 6 Felony)

Damon Dwayne Lehman: Domestic battery by means of a deadly weapon (Level 5 Felony), Criminal mischief (Class B misdemeanor)

Chad Michael Allison: Criminal confinement (Level 3 Felony), Domestic battery (Class A misdemeanor)

William Emmanuel Rodriguez: Fraud on a financial institution (Level 5 Felony), Forgery (Level 6 Felony), Fraud (Level 6 Felony), Theft (Level 6 Felony)

Chase Taylor Sander: Possession of methamphetamine (Level 6 Felony), Possession of paraphernalia (Class C misdemeanor)

Shane Alan Barnett: Possession of a narcotic drug (Level 6 Felony), Driving while suspended (Class A misdemeanor), Possession of paraphernalia (Class C misdemeanor)

Kol Edward Lamb: Operating a vehicle as an habitual traffic violator (Level 6 Felony), Possession of a synthetic drug or synthetic drug lookalike substance (Level 6 Felony)

Legislature Approves Bill Curtailing Solar Panel Incentives

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Legislature Approves Bill Curtailing Solar Panel Incentives

IL for www.theindianalawyer.com

A bill pushed by Indiana’s investor-owned utilities that would eliminate much of the financial incentive available to those who install solar panels is headed to Gov. Eric Holcomb’s desk after it was approved on Monday by the Legislature.

Republican State Sen. Brandt Hershman’s bill was given final passage when the Senate voted 37-11 to approve changes made to the measure in the House. Holcomb spokeswoman Stephanie Wilson declined to say if he will sign the bill into law, but she added that the Republican “has been watching the bill all session and will consider it carefully.”

Solar energy accounts for less than 1 percent of Indiana’s power. But utilities worry the plunging cost of solar panels, as well as its growing popularity, could someday cut into their profits. Utilities say that will eventually lead to higher rates for customers.

The measure also comes as utilities across the U.S. are looking to carve out their own share of the solar market. They are promoting an alternative to installing home solar panels called “community solar” that involves customers agreeing to buy or lease panels from the utilities on large panel farms.

Critics say it all adds up to an effort by the utilities to muscle out small companies, threatening the 1,500 jobs the Solar Foundation estimated in 2015 that the industry had created in Indiana.

At issue is a practice called “net metering,” which mandates that churches, businesses, schools and homeowners who install solar panels be compensated for any surplus energy they feed back onto the grid, unusually in the form of a credit on their power bill.

Hershman’s bill would drastically curtail in five years the current “retail” rate of compensation, bringing it closer in line with the wholesale cost utilities pay for energy. The bill would allow those who install solar panels before 2018 to continue to collect the current rate for 30 years, while those who purchase panels after that, but before 2022, could collect the rate until 2032.

Solar proponents say the current rate is needed to break even on an expensive investment. But Hershman, of Lafayette, says the rate of compensation should come down as the technology improves and it becomes easier to recoup costs.

“This bill recognizes that solar is becoming an increasingly competitive means of generation and that’s a great thing,” said Hershman. “It’s taking off on its own.”

Opponents, however, question the need for the bill, since current state law caps net metering once 1 percent of a utilities energy comes from an alternative energy source, like wind or solar.

Kerwin Olson, of left-leaning utility watchdog group, Citizens Action Coalition, called the bill’s passage “an all out affront on Hoosier consumers and relegates Indiana to the backwaters of innovation.”

Democrats objected to a provision in the bill which sets the new rate of compensation that will eventually be put in place. Rate setting should be done by the Indiana Utility Regulatory Commission, said State Sen. Mark Stoops, of Bloomington, who noted that Hershman himself said the rate established by the bill was an “arbitrary” figure he picked.

Adopt A Pet

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 Fluffer and Oreo are a bonded pair of rabbits who have lived together their whole lives. They are 4 years old. Fluffer (grey) is an American, and Oreo (small black & white) is a mini Rex. They are both already neutered and can go home today for $60 (for both!) Contact the Vanderburgh Humane Society at (812) 426-2563 for adoption details!