Below are the felony cases filed by the Vanderburgh County Prosecutor’s Office today.
Tyrone Steve Kenneth Dulin Domestic battery, Level 5 felony
Invasion of privacy, Class A misdemeanor
Gary Deal Youngblood Dealing in methamphetamine, Level 4 felony
Kevin K. Rudisill Operating a vehicle with an ACE of .15 or more, Level 6 felony
Operating a vehicle while intoxicated endangering a person, Level 6 felony
Jay Douglas Kurzendoerfer Domestic battery, Level 6 felony
Olivia Covington for www.theindianalawyer.com
The Indiana Court of Appeals decided Monday that the Bartholomew Circuit Court erred when it gave an inmate only 30 days to pay a court filing fee and subsequently dismissed the complaint the inmate had tried to file.
In January 2016, Charles Davis filed a complaint against Bartholomew County Clerk Jay Phelps for an alleged violation of the Indiana Access to Public Records Act and filed a motion for waiver of the filing fees because he was incarcerated. The Bartholomew Circuit Court denied that motion on March 2 and order Davis to pay $17.18 in filing fees within 30 days.
On April 5, the court entered an order dismissing Davis’ complaint because he had not yet paid the filing fee. The court received Davis’ check on April 11, but returned it because his complaint had been dismissed.
Davis appealed, but never filed a brief in the appeal. In its Monday opinion, the Indiana Court of Appeals wrote that it would reverse the trial court’s decision without a brief from Davis only if he was able to prove prima facie error.
Davis was able to prove such error, the appellate court wrote, because Indiana Code requires that an incarcerated offender whose request for a waiver of filing fees is denied must be given at least 45 days from the time of the denial to pay the fee. The trial court can give an offender more time to pay, if necessary, but can never shorten the time, as the Bartholomew Circuit Court did when it gave Davis only 30 days to pay, the appellate court wrote.
Further, the Court of Appeals noted that the trial court received Davis’ check on April 11, which would have met the 45-day deadline. Thus, the appellate court reversed the Bartholomew Circuit Court’s decision to dismiss Davis’ complaint and remanded the case with instructions to Davis to re-send the $17.18 check within 45 days.
The case is Charles J. Davis, Sr. v. Jay Phelps, Bartholomew County Clerk, 03A01-1604-PL-928.
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| Wednesday, October 19th | Candidate Debate | 6:00 PM – 8:00 PM | Courier & Press County Commissioner Debates
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| Wednesday, October 19th | Debate Watch Party | 8:00 PM – 9:30 PM | Tri-State for Hillary Clinton Debate Watch Party
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| Thursday, October 20th | Candidate Forum | 6:30 PM | Tri-State Alliance Candidate ForumÂ
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| Friday, October 21st |
Fundraiser | 7:30 AM – 9:00 AM | Breakfast with Shannon Edwards for County Recorder
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| Tuesday, October 25th |
Candidate Forum | 7:00 PM | POMA Candidate ForumÂ
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| Tuesday, October 25th |
Candidate Debate | 6:00 PM | Gubernatorial DebateÂ
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| Wednesday, October 26th |
Meeting | 6:00 PM | Vanderburgh County Democrat Club Meeting
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| Wednesday, October 26th |
Fundraiser | 5:30 PM – 8:00 PM | Ben Shoulders for County Commissioner Last Hoorah!
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| Thursday, October 27th | Candidate Forum | 7:00 PM – 9:00 PM | Evansville Pan-Hellenic Political Forum
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| Friday, October 28th |
Candidate Forum | 6:00 PM | Iron Workers Local 103 Candidate Forum
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| Tuesday, November 8th | Election Night Celebration | 6:00 PM | VCDP Election Night Celebration
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| Wednesday, November 30th |
Meeting | 6:00 PM | Vanderburgh County Democrat Club Meeting
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| Paid For & Authorized by the Vanderburgh County Democratic Party, Rob Faulkner Chairman |
The 22nd-ranked University of Southern Indiana men’s soccer team rallied from a 2-0 deficit to get a 2-2, double-overtime time with Missouri University of Science & Technology Sunday afternoon in Rolla, Missouri. USI, which has gone to overtime in each of its last three matches, watched its record go to 10-2-2 overall and 8-2-2 in the GLVC, while Missouri S&T goes to 7-1-6, 6-0-5 GLVC.
The tie drops USI to fourth in the GLVC with three matches remaining, percentage points behind third place Missouri S&T, a half-game behind the University of Missouri-St. Louis (10-3-1, 9-2-1); and a game-and-a-half behind league front-running Rockhurst University (12-1-1, 10-1-1 GLVC). Rockhurst and UMSL have the tie-breakers with USI after defeating the Eagles earlier this fall.
The Eagles got off to a rough start Sunday with the Miners scoring at 5:32 and 12:37. USI and Missouri S&T ended the half tied in shots with the Eagles getting the final three chances before the Miners went into the intermission with the 2-0 lead.
In the second half, USI quickly got onto the scoreboard to cut the deficit in half at 2-1. Freshman midfielder Morgan Kelly (Shelbyville, Kentucky) put the Eagles into the scoring column with his second goal of the season at 47:49. Kelly was assisted on the play by freshman defender Justin Brooks (Fishers, Indiana).
The Eagles knotted the game at 2-2 when freshman forward Eric Ramirez (Vincennes, Indiana) scored at 74:08. The goal was Ramirez’s ninth of the season, tying him with Eric Schoenstein for the most all-time by an Eagles’ freshman. USI junior midfielder Riley Belding (Columbus, Indiana) assisted on the tally.
After ending regulation tied, 2-2, neither team could gain the upper hand in the either of the “sudden victory” overtime periods USI and Missouri S&T had three shots with the Miner having the only shot on goal.
USI concludes its longest and final road trip of the regular season Friday at 5 p.m. when it visits McKendree University. The Eagles return to the friendly surroundings of Strassweg Field for the final two regular season games of 2016 when they host the University of Illinois Springfield October 23 at noon and Bellarmine University October 26 at 5 p.m.
The Latest on the Bevin / Beshear University Funding Lawsuit
Bevin wanted to cut almost $18 million to colleges, to help the state’s pension debt.
But Attorney General Andy Beshear sued, calling the cuts illegal.
Last month, the supreme court sided with Beshear and sent the case back to the Franklin Circuit Court.
This week, Beshear asked Bevin to immediately release the money to the schools.
Bevin says he will release the money once the Franklin Circuit Court orders him to do it.
Nails Along An Evansville Intersection, Prompts Clean Up By Local Officers
Authorities say someone deliberately spread hundreds of nails around the intersection of Mount Vernon Avenue and Helfrich Lane Saturday morning.
Drivers reported nails getting stuck in their tires. Officers blocked off traffic and borrowed brooms from a nearby firehouse to clean up the mess.
Evansville Police Investigate A Woman Punched, While Walking Her Dog
The woman told Police she was walking down an alley near Washington and Kentucky when her dog began to bark at a male suspect.
She did not wish to speak on camera but tells us the male appeared to be intoxicated. She says the person got mad about the barking and punched her three times.
The victim says she picked up her dog and ran home to call 911. Police are still investigating.
IT”S TIME TO STAND UP AND BE COUNTED IN SUPPORT OF IVY TECH!
From the very beginning Dr Steve Becker’s and Dr. Dan Adams vision was that Ivy Tech would be an important part of the IU Medical Center-Evansville in order to achieve “REAL TEAM CARE” results.
In 2013, the preliminary rendering of the IU Medical Center-Evansville campus was quietly presented to the IU Medical School Center creative team. Â The architectural drawings had four separate building pods and one section included floor space for Ivy Tech.
In 2015 Mayor Winnecke and City Council committed $57 million in construction bonds to the IU Board of Trustees for this project.  The Mayor, as well as his economic development cheerleaders: the Chamber of Commerce,  members of the “Build the IU Medical School Campus” downtown Evansville committee, union leaders and his political buddies rallied Ivy Tech students, faculty members, and the taxpayers of this community to support this attractive economic deal.  All agreed and joined this venture “Hook-Line and Sinker”.  Unfortunately, in 2015 the Ivy Tech’s final capital project budget request did not include the capital development funds for this project.
Last week, Ivy Tech’s 2017-18 capital project budget was approved and yet again, did not include funds for Ivy Tech’s participation in the IU Medical Center-Evansville campus. Â This begs the question, “Why is it that a Republican Mayor backed by a Republican controlled House and Senate, with a Republican Governor couldn’t ensure that his 2015 re-election commitment to the citizens of Evansville that Ivy Tech medical students would be part of the new downtown IU Medical Schools complex.
As it stands only IU, USI and U of E medical students will only be participating in this project. Â In the original estimates that these schools can only generate around 200 medical students or 12% of the total student population per year without Ivy Tech being a part of the project. Â With Ivy Tech being involved in this joint educational venture the projected student enrollment for the downtown IU Medical School would be around 1,700 students. Â It now looks like the 1,500 medical students shall continue being trained at their Northside location.
It should also be noted that representatives of our local main stream media continue to ignore this issue. Shouldn’t they stand up and report that Ivy Tech medical students are bluntly being snubbed by not being allowed to be part of this worthy educational venture.
The link below contains the final 2015 PowerPoint presented by the Allied Healthcare Consortium. Note that on slide 13, Ivy Tech is included in the partnership line and rendering, yet slide 16 documents the absence of Ivy Tech’s funding. When this discrepancy was publicly acknowledged by Mayor Winnecke and area legislators publicly promised to see that Ivy Tech’s would include this project in their 2017 and 2018 capital budget.
CLICK HERE to review the POWERPOINT presentation that illustrates the entire process and design schedule of the proposed IU Medical School-School-Evansville project.  You shall quickly see that Ivy Tech was part of this educational venture from day one.
Bottom line, the taxpayers of this community are now on the “financial hook” to pay $57 million dollars for an educational project that has eliminated a major educational entity (Ivy Tech) needed to insure that this venture has maximum success!  In fact, this entire deal reeks with academic snobbery!  Its time for the taxpayers of our community, business leaders, healthcare professionals and the many hundreds of thousands of past and present alumni, students, employees of Ivy Tech to conduct a peaceful rally at the Civic Center in support of Ivy Tech being included in this worthy educational project!
EDITOR FOOTNOTE: Â WE ASK THAT YOU CONTACT THE FOLLOWING ELECTED CITY AND STATE OFFICIALS AND REQUEST THAT THEY CONTRACT THE GOVERNOR AND THE PRESIDENT OF IVY TECH AND DEMAND THAT THEY INCLUDE IVY TECH IN THE IU MEDICAL SCHOOL COMPLEX PLANS FOR THE 2017 AND 2018 BUDGET YEARS.
E-MAIL ADDRESSES OF ELECTED STATE OFFICIALS
(You need not to contact State Rep Gail Riecken because has already contacted the Governor and Ivy Tech President to request that this be done)
VANDERBURGH COUNTY COMMISSIONERS E-MAILS ADDRESSES
MAYOR WINNECKE E-MAIL ADRESS
EVANSVILLE CITY COUNCIL MEMBERS E-MAIL ADDRESSES
jbrinkmeyer@evansville.in.govÂ
IT”S TIME TO STAND UP AND BE COUNTED IN SUPPORT OF IVY TECH!
COA Upholds Judgment Against Ex-Husband Accused Of Violating Protective Order
Olivia Covington for www.theindianalawyer.com
The Indiana Court of Appeals found Friday that an Allen County man must serve out his prison sentence after he knowingly violated the protective order his ex-wife had taken out against him and that he intentionally locked her out of a house that legally belonged to her.
Kent Blair and his wife, R.B., lived in a home together in Fort Wayne that had been deeded to each of them by Blair’s father. After an incident of domestic violence in July 2014, R.B. sought a protective order and initiated divorce proceedings.
The Allen Superior Court issued an ex part order of protection against Blair in November 2016, when he was barred from harassing, annoying, telephoning, contacting or directly or indirectly communicating with R.B. for the next two years. He was also ordered to stay away from R.B.’s residence, school and job.
When the couple’s divorce was finalized in July 2015, R.B. was awarded the home, which was deeded to R.B. the following September. However, R.B. moved out of the home at some point, claiming she left for “the safety of (her) life,†and left behind some personal property, including furniture, a wine collection and jewelry. When she routinely returned to the home to check her mail, she noticed that her personal property was missing.
When R.B. tried to return to the home in October 2015, she found that the locks had been changed. Her son, A.B., and Blair were inside and refused to let her in. When she attempted to return a week later, she once again could not enter the home, and found that some of the doors had been padlocked. R.B. called the police, who kicked down the door and arrested Blair after they found him inside.
Blair was convicted of invasion of privacy as a Level 6 felony and one count of criminal trespass as a Class A misdemeanor and sentenced to 1 ½ years on each count, to be served concurrently.
Blair appealed in Kent R. Blair, Sr. v. State of Indiana, 02A05-1604-CR-832, arguing that the evidence was insufficient to establish that he knowingly violated the protective order because he believed he was the home’s owner and had a right to be there at the time of his arrest. He pointed to his own testimony claiming he never received a copy of the divorce papers or the quit-claim deed that deeded the home to his ex-wife.
But in its Friday affirmation of Blair’s convictions and sentence, the Indiana Court of Appeals wrote that Blair had been given notice of the protective order and that his behavior leading up to his arrest could lead a reasonable fact finder to believe that he knowingly violated that order.
Blair also argued that the evidence was insufficient to support his criminal trespassing conviction because he had a good faith claim of right to enter the property because he believed he was the owner.
The Court of Appeals rejected that argument, saying the Allen Superior Court did not believe him when he said he never received the divorce papers.
Finally, the appellate court found that Blair’s sentence was reasonable because the trial court considered his criminal history, which includes convictions for domestic battery and invasion of privacy.
