- On Saturday, January 14, 2017 at approximately 3:15 PM the Vanderburgh County Sheriff’s Office responded to a fight in progress at 6050 Maggie Valley Drive. The 911 operator advised the responding sheriff’s deputies that there was an open phone line at the residence over which voices could be heard yelling for someone to put a gun down.
- Upon arrival deputies spoke to the residents and learned that the suspect, Mr. Justin Swart, had left the home just prior to their arrival. The victims (who are all family members) advised that Mr. Swart had been arguing about auto parts with a family member when he began tearing up the residence. Mr. Swart then went to his bedroom and armed himself with a handgun. Mr. Swart then reportedly began waving the gun around and walked to the front porch of the home where he discharged the handgun in front of the victims. Mr. Swart surrendered the weapon to a family member, but then grabbed one of the victims by the throat and began to strangle him. All of these events occurred within the view of a small child who lives at the residence.
Mr. Swart was located one street over and taken into custody without incident. He remains lodged at the Vandeburgh County Jail with no bond pending an initial appearance.
ARRESTED:
Justin Matthew Swart, 31, of Evansville. Criminal Recklessness with a Firearm as a Level 6 Felony, Battery – Domestic in the Presence of a Child <16 as a Level 6 Felony, Battery – Strangulation as a Level 6 Felony, Neglect of a Dependant as a Level 6 Felony.
Man Arrested after Attacking Family and Firing Handgun
“READERS FORUM” JANUARY 15, 2017
WHAT IS ON YOUR MIND TODAY?
Todays “READERS POLL” question is: Should Indiana allow children with a form of epilepsy have access to CBD (Hemp OIL) legally?
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CHANNEL 44 NEWS: Indiana Family Expresses Benefits of Cannabis Oil for Epileptic Daughter, Hope for SB15
Indiana Family Expresses Benefits of Cannabis Oil for Epileptic Daughter, Hope for SB15
Indiana Senator Jim Tomes sees parents in the Hoosier state struggling to find medicine to help their child suffering from epileptic seizures. Senate Bill 15 would give them another option, another opportunity for hope. “I’m finally getting to…
Investing In Our Future
This legislative session, I will join my House Republican colleagues to pass a balanced state budget and fund Indiana’s infrastructure needs while also supporting education, job creation, workforce development, addiction treatment and public safety.
Legislation filed last week offers a responsible and data-driven road funding plan, which will help restore and maintain Indiana’s roads and bridges for the next generation.
I’ll also join fellow lawmakers to strengthen our commitment to students and educators by directing more dollars to the classroom, improving testing and responsibly expanding the state’s high-quality, pre-K program.
To support Indiana’s strong economy, we will work to attract, retain and improve the state’s workforce by supporting policies that help better align education and training with current and future employer needs.
This session, I will also be focusing efforts to expand substance abuse and treatment options in order to combat Indiana’s opioid and heroin epidemic.
I look forward to working on these polices and will continue to support you and our communities’ needs this session.
Feel free to contact me with any questions or input by calling 317Â-232Â-9816 or emailing h76@iga.in.gov.
Sincerely,
State Rep. Wendy McNamara
Divided COA: Man Can’t Use RFRA To Avoid Taxes
Divided COA: Man Can’t Use RFRA To Avoid Taxes
Olivia Covington for www.theindianalawyer.com
A divided Indiana Court of Appeals ruled Friday that a Marion County man cannot avoid paying income taxes using a religious freedom defense, with the majority writing that the controversial Religious Freedom Restoration Act allows for the collection of taxes in the furtherance of a compelling government interest.
In 2013, Rodney Tyms-Bey was notified that the Indiana Department of Revenue had determined that he had falsely reported his income and eligible tax deductions in 2012 and owed the state $1,042.82. He responded with paperwork claiming that he was a “sovereign citizen†and also declaring himself an estate and, thus, did not subsequently amend his tax return or pay the outstanding balance.
The following year, Tyms-Bey was charged with three counts of felony tax evasion, each as Class D felonies, but on July 1, 2015, the date RFRA took effect, he filed a notice of defense of religious freedom. The state moved to strike the defense and at a related hearing, Tyms-Bey refused to identify what religious practice was burdened by the state’s actions. Instead, he said he was entitled to present his case to a jury.
The Marion Superior Court granted the motion to strike and Tyms-Bey appealed in Rodney Tyms-Bey v. State of Indiana, 49A05-1603-CR-439. But a divided Indiana Court of Appeals rejected Tyms-Bey’s RFRA argument Friday, with Judge John Baker writing for the majority that the defendant could never raise a successful RFRA defense.
Baker and Chief Judge Nancy Vaidik, who concurred with the majority, based their opinion on the United States Supreme Court’s decision in United States v. Lee, 455 U.S. 252, 258-61 (1982), which held that “(b)ecause the broad public interest in maintaining a sound tax system is of such a high order, religious belief in conflict with the payment of taxes affords no basis for resisting the tax.â€
Baker noted that a statutory exception to RFRA allows the government to substantially burden a person’s exercise of religion if the burden furthers a compelling governmental interest and is the least restrictive means of doing so.
“We adopt the analysis of the Lee Court and hold as a matter of law that, in the context of Indiana’s RFRA, there is a compelling governmental interest in collecting income tax revenue,†Baker wrote. “There are no facts that Tyms-Bey could proffer with respect to his exercise of religion that would not be overcome by the State’s compelling interest and the means used by the State in furthering that interest.â€
But Judge Edward Najam, writing in a dissenting opinion that was nearly twice as long as the majority’s, wrote that although “Tyms-Bey’s alleged RFRA defense may ultimately not succeed, he is entitled to his day in court.â€
“(I)n enacting Indiana’s RFRA, our legislature explicitly reserved to itself, and withheld from our judiciary, the right to declare categorical exemptions from RFRA’s application,†Najam wrote. “The majority’s holding disregards that command and categorically removes tax-based actions from RFRA’s application.â€
Rather than Lee, Najam wrote that Burwell v. Hobby Lobby Stores, Inc., 134 S.Ct. 2751, 2761-62 (2014) is a better reflection of the Indiana Legislature’s intent when enacting RFRA.
“And this is significant here because, as Burwell explains, RFRA demands a fact-sensitive, ‘particularized’ assessment of the claimed religious exemption, while Lee does not,†he said.
EPA Launches New Program With $1 Billion in Loans Available for Water Infrastructure Projects
The U.S. Environmental Protection Agency (EPA) announced the availability of approximately $1 billion in credit assistance for water infrastructure projects under the new Water Infrastructure Finance and Innovation Act (WIFIA) program.
EPA’s WIFIA program will provide long-term, low-cost credit assistance in the form of direct loans and loan guarantees to creditworthy water projects. WIFIA provides another option for financing large infrastructure projects – generally at least $20 million – in addition to the State Revolving Funds and bond market. WIFIA is available to state, local, and tribal governments; private entities; partnerships; and State Revolving Fund programs. EPA estimates that funds appropriated to the WIFIA program can be leveraged at a ratio greater than 50 to one, which means the $17 million program budget could allow EPA to make approximately $1 billion in loans and stimulate about $2 billion in total infrastructure investment.
“The launch of the Water Infrastructure Finance and Innovation Act program marks a huge step forward for modernizing our nation’s aging water infrastructure,†said EPA Administrator Gina McCarthy. “WIFIA gives us a new opportunity to provide billions of dollars in low-interest loans to communities to build large infrastructure projects, significantly accelerating investments that benefit our nation’s public health and water security for generations to come.â€
Some of the projects that WIFIA enables EPA to provide assistance for include:
•          drinking water treatment and distribution projects
•          wastewater conveyance and treatment projects
•          enhanced energy efficiency projects at drinking water and wastewater facilities
•          desalination, aquifer recharge, alternative water supply, and water recycling projects
•          drought prevention, reduction, or mitigation projects
EPA will evaluate projects using criteria such as the extent to which the project is nationally or regionally significant, helps maintain or protect public health or the environment, protects against extreme weather, and serves regions with significant water resource challenges. EPA will make selections on a competitive basis.
EPA estimates that the U.S. needs about $660 billion in investments for drinking water, wastewater, and stormwater infrastructure over the next 20 years.
Attorney General Hill: Multi-Agency Forgery Investigation Leads To Sentencing Of Indiana Woman
 INDIANAPOLIS, Ind. – Indiana Attorney General Curtis Hill today announced the sentencing of a woman who forged multiple Registered Nursing (RN) license numbers in her applications to obtain employment at multiple Indianapolis healthcare facilities. The Medicaid Fraud Control Unit (MFCU) of the Office of the Indiana Attorney General was instrumental in the investigation.
Ashley Nichole Johnson, Indianapolis, plead guilty to making false statements in relation to health care matters after an investigation discovered she was using the nursing license numbers that belonged to women with the same name when applying for positions as an RN.
On Jan. 11, Johnson was sentenced to three years of probation, and she’ll serve the first three months on home detention. The sentencing comes after a collaborative investigation by the following state and federal agencies: the Office of the Inspector General Health and Human Services, the Federal Bureau of Investigation, and the MFCU. Johnson was prosecuted by the U.S. Attorney’s Office, Southern District of Indiana.
“When our various state departments and bureaus work together for the greater good of Hoosiers, criminals don’t stand a chance,†Hill said. “This investigation and its ensuing sentencing is a prime example of the right approach Hoosiers can expect. I’m extremely pleased with the efforts of the Medicaid Fraud Control Unit and all who dedicated countless hours to this case.â€
In September 2015, Johnson submitted an employment application at a healthcare facility for senior citizens using the RN license number of a registered nurse also named Ashley Johnson. When she failed to provide the healthcare facility with verification that the RN license number was in fact her own, Johnson was relieved of her duties.
In April of 2016, Johnson was hired as an RN at an Indianapolis healthcare facility after using the license of yet another registered nurse with the name Ashley Johnson when she applied for the position. On April 24, 2016, Johnson gave the wrong medication to a patient, prompting employees at the healthcare facility to look into her employment. On April 25, 2016, staff at the healthcare facility confronted Johnson after checking with one of her references, ultimately discovering that she was not a registered nurse. Johnson stopped showing up to work and was later arrested on May 4, 2016.
Eagles Shrug Off Slow Start; Blast Quincy, 74-51
 QUINCY, Ill.—University of Southern Indiana Women’s Basketball shrugged off a slow start to earn a 74-51 Great Lakes Valley Conference win over Quincy University Saturday afternoon at the Pepsi Arena.
USI (14-2, 6-0 GLVC), which earned its first win in Quincy, Illinois, since the 1997-98 season, trailed by as much as six points early in the first quarter and 13-11 heading into the second period.
Quincy (4-13, 1-6 GLVC) increased its advantage to 19-14 early in the second frame, but a 7-0 USI run put the Screaming Eagles in front for the first time in the contest.
The Eagles, who are off to their first 6-0 start to league play since the 1996-97 campaign—USI was 20-0 in the GLVC that year—used an 18-2 run moments later build a commanding 41-25 advantage.
USI shot a blistering 76.5 percent (13-17) from the field in the second period after going just 5-of-19 (.263) in the first 10 minutes of the contest.
After taking a 41-27 advantage into the intermission, the Eagles used an 8-0 third-quarter run to increase their lead to 21. USI had a 15-5 spurt in the fourth period as the Eagles’ lead ballooned to as much as 28 before settling on the 23-point victory.
Senior forward Hannah Wascher (Rantoul, Illinois) had 18 points and nine rebounds to lead the Eagles, while senior guard Tanner Marcum (New Albany, Indiana) and junior guard/forward Kaydie Grooms (Marshall, Illinois) added 15 and 10 points, respectively.
Junior forward Morgan Dahlstrom (Grayslake, Illinois) finished with eight points, seven rebounds, two assists, two blocks and five steals; while junior guard Randa Harshbarger (Philo, Illinois) added five points and five assists for the Eagles, who are one of just three unbeaten teams in GLVC play.
As a team, USI dominated the lane and the turnover battle as the Eagles outscored the Lady Hawks 30-16 in the paint and 28-13 off turnovers. USI out-rebounded Quincy, 42-25, and forced 27 turnovers while committing just 13 offensive miscues.
Senior guard Nikia Edom and senior forward Cha Cha Williams each had 10 points to pace the Hawks, who had won their previous 12 home games against USI.
USI returns to action Monday when it hosts No. 4 Bellarmine University in a battle for first place in the GLVC East Division. The Knights (14-1, 6-0 GLVC), who are under the direction of USI Hall of Fame coach Chancellor Dugan, earned an 89-77 win over Truman State University Saturday afternoon in Kirksville, Missouri.