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Rejecting Challenge Of Search, COA Affirms Cocaine Conviction

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Rejecting Challenge Of Search, COA Affirms Cocaine Conviction

Olivia Covington for www.theinndianalawyer.com

Deciding that the “community caretaker role” exception to the Fourth Amendment can be extended beyond questions regarding seizures of a vehicle, the Indiana Court of Appeals affirmed a man’s cocaine conviction Monday after finding that evidence of the cocaine was not admitted in violation of his constitutional rights.

In August 2015, Indianapolis Metropolitan Police Department Officer Aaron Helton observed a man lying face-down and unresponsive on a sidewalk. When medics arrived at the scene, William McNeal approached Helton, who noticed that the man was sweating, had red eyes and slurred speech and had a rapid heartbeat that looked like his heart “was beating out of his chest.” When the man began to wake up, McNeal repeatedly told him “We got to go,” then began speaking gibberish.

McNeal continued to try to leave the scene but kept falling down, so Helton handcuffed him to keep him seated at the scene. The medics determined that both the unconscious man and McNeal needed to go to the hospital, but before McNeal was transported Helton ran a check on his identification and found that McNeal had an outstanding arrest warrant. A subsequent search incident to arrest also found three baggies of cocaine in his pants pocket.

The state charged McNeal with Level 5 felony possession of cocaine, but McNeal filed a motion to suppress, arguing that his detention by police was unconstitutional, so all evidence subsequently obtained was inadmissible. The Marion Superior Court denied the motion and McNeal was convicted after a bench trial.

McNeal appealed in William McNeal v. State of Indiana, 49A05-1604-CR-838, arguing that the trial court had abused its discretion by admitting the cocaine as evidence. Specifically, he argued that the evidence was obtained in violation of his constitutional protections in the Fourth Amendment of the U.S. Constitution and Article 1, Section 11 of the Indiana Constitution, both of which protected against unlawful searches and seizures.

But a panel of the Indiana Court of Appeals disagreed with both constitutional challenges Monday and affirmed McNeal’s cocaine conviction.

Judge Terry Crone, writing for the panel, said Helton’s detention of McNeal was reasonable under police officers’ community caretaking function.

Crone wrote that the panel, using a three-part community caretaking analysis, found that Helton had detained McNeal out of concern for his safety and health and, further, handcuffed him because it was the most feasible, effective and least intrusive way for Helton to secure McNeal’s safety.

“We emphasize that although prior Indiana courts have either not had occasion or not been inclined to extend the community caretaking exception beyond inventory searches of impounded vehicles, and most recently have extended the community caretaking function only to cases in which a vehicle is involved in some way… it would be illogical to think that a police officer cannot aid a citizen in distress, abate hazards, or perform the ‘infinite variety of other tasks calculated to enhance and maintain the safety of communities’ simply because a vehicle is not involved,” Crone wrote.

Additionally, because McNeal had voluntarily interrupted Helton and because he was speaking in gibberish and continually falling, the panel found that a reasonable person could conclude that McNeal had or was going to commit the crime of public intoxication.

Finally, Crone wrote that under the totality of the circumstances, Helton’s detention of McNeal was reasonable and, thus, was not in violation of his rights under Article I Section 11 of the Indiana Constitution.

Stein named GLVC Player of the Week

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University of Southern Indiana sophomore guard Alex Stein (Evansville, Indiana) was named the GLVC Player of the Week after leading the Screaming Eagles to a pair of wins in the GLVC/GLIAC Challenge at the University of Indianapolis. The GLVC Player of the Week award is the first of Stein’s career.

The 2016 GLVC Freshman of the Year averaged a team-high 27.5 points and 4.5 assists per game, while grabbing 4.0 rebounds per day.

Stein started the season with a 19-point performance in the 90-77 victory over Lake Erie College to start the year, hitting two-of-eight from the field and 15-of-16 from the line. He also dished out six assists and grabbed five rebounds.

The sophomore guard finished the first weekend of regular season action by exploding for 36 points in the win over Ashland University. Stein led USI to a 13-point comeback win by scoring 28 of his 36 points in the second half. He was 12-of-19 from the field, one-of-two from long range, and 11-of-12 from the line.

USI and Stein continue non-conference action Friday and Saturday in the Small College Basketball Hall of Fame Classic at the Ford Center in Evansville, Indiana. The Eagles are slated to play Florida Southern College Friday and Kentucky Wesleyan College Saturday at 8:30 p.m. each night.

The Hall of Fame Classic also features second-ranked Lincoln Memorial University, third-ranked Bellarmine University, and fifth-ranked University of Alabama-Huntsville. Additional classic game times are 3:30 p.m. and 6 p.m. each day.

 

Parks Board Agenda Meeting Has Now Been Cancelled

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BOARD OF PARK COMMISSIONERS

REGULAR MEETING

KEVIN WINTERNHEIMER CHAMBERS

ROOM 301, CIVIC CENTER COMPLEX

WEDNESDAY, NOVEMBER 16, 2016

12:00 NOON

 AGENDA

1. CALL TO ORDER

2. MINUTES November 2, 2016

3. CONSENT AGENDA

  1. Request Re: Approve and Execute Swat Pest Control Service Agreement.- Holtz
  1. Request Re: Approve and Execute Agreement Extension for Portable Restroom with TSF 2017- Holtz

4.        OLD BUSINESS N/A

 

5.         NEW BUSINESS

a.   Request Re:  Contract Agreement for Helfrich and Swonder Concessions- Holtz

b.   Request Re:  Consideration of improvements by Golfmoor Baseball- Holtz

 

6.        REPORTS

a.   Brian Holtz, Executive Director

7.        ACCEPTANCE OF PAYROLL AND VENDOR CLAIMS

 

8.        ADJOURN

VANDERBURGH COUNTY FELONY CHARGES

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 Below are the felony cases filed by the Vanderburgh County Prosecutor’s Office last week.

Charissa Allene Hohman Unlawful possession or use of a Legend Drug, Level 6 felony

Jacob Daniel Roderick Operating a vehicle while intoxicated endangering a person with a passenger less than 18 years of age, Level 6 felony

Neglect of a dependent, Level 6 felony

Neglect of a dependent, Level 6 felony

Battery, Class B misdemeanor

Daryel Ray Locke AKA Darryel Locke AKA Darren Locke Operating a motor vehicle after forfeiture of license for life, Level 5 felony

Dylyn Kayn Milan Domestic battery, Level 6 felony

Jared Michel Spradley Battery resulting in serious bodily injury, Level 5 felony

Battery by means of a deadly weapon, Level 5 felony

New Officer Added to District Seven Ranks (Daviess County)

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Indiana Conservation Officers are reporting a vacancy in District Seven has been filled.  Officer Kyle Hembree was recently granted a transfer request to Daviess County.

Hembree served in Owen County and Sullivan County prior to his transfer.  He has served as an Indiana Conservation Officer since 2012.

Hembree is originally from Martin County and graduated from Shoals High School.  He attended Vincennes University where he obtained an associate’s degree in Conservation Law.

In addition to his four years of experience, Hembree is also a member of the law enforcement division’s side scan sonar operator team.

He is an avid sportsman and was recently married.  The addition of Hembree leaves only one current vacancy in District Seven.

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
November 14
Tuesday
November 15
Wednesday
November 16
Thursday
November 17
Friday
November 18
Fine Particulate
(0-23 CST avg)
Air Quality Index
moderate good good moderate NA*
Ozone
Air Quality Index
NA* NA* NA* NA* 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

Heating Appliances and Chimneys

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This is just a reminder that it’s not too late to have gas or oil heating appliances serviced for the winter. This is just a reminder since heating units are start to get a workout is week. We don’t want to forget about those chimneys either. Chimneys should routinely be checked on an annual basis, but now especially since we had an earthquake earlier this year.

Did everyone remember to change your smoke detector batteries when you changed your clocks?  Don’t forget! The life you save, could be your own.

The Evansville Fire Department, Evansville-Vanderburgh Building Commissioner and others will hold a news conference on Thursday November 17th @ 1:00 PM in front of the Civic Center.

Brantley Gilbert’s Devil Don’t Sleep Tour with special guests Luke Combs, Tucker Beathard & Brian Davis

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Feb 23rd 2017- FORD CENTER – Evansville, Indiana TICKETS ON SALE FRIDAY NOVEMBER 18th at 10 AM

Quietly selling back-to-back platinum with Halfway To Heaven and Just As I Am, Jefferson, Georgia’s Brantley Gilbert became a different kind of heavy metal force. Not seeking attention, but going straight to the heart of his audience, he tapped into the outlier, the roughneck, the downhome and the downtrodden by rocking his country hard and writing songs torn straight from their lives – making him the word-of-mouth favorite among people who don’t care what you call it, just that you bring it every time.

“People want to rock, they want to party, but they want the songs to be about their lives, and all I’ve ever done is write my life and take it on the road,” says the CMA Song of the Year nominee. “I come from the same kind of place our fans do, and there’s a lot of people just like me and my guys out there – and they show up because they know we’re gonna put it down.”

Starting Feb 2 in Readding, PA., the man with 6 #1s including Jason Aldean’s seminal “Dirt Road Anthem” and “My Kind of Party” picks up where he left off with two sold-out months-in-advance shows at Colorado’s iconic Red Rocks Amphitheater with his Devil Don’t Sleep Tour. Since Last year’s Blackout arena tour played to unprecedented numbers across the heart of the rust belt, the true Midwest and across the South in the dead of winter and his summer Take It Outside amphitheater tour saw the BG Nation turn out night after night.

“We try to take all the songs even further live,” says the man whose music includes the life-affirming, dignity-driven “One Hell of an Amen,” the beneath the surface love song “You Don’t Know Her Like I Do” and the hardcore rebellion “Country Must Be Country Wide” in a far-ranging repertoire. “Because those folks who love the records, we know they’re gonna want it
to hit between the eyes when come out to the show, and we wanna give’em the night of the year every time we take that stage.”

That fierce need to push his songs beyond the limit is what’s made the man who’s not afraid to stand up for what he believes in a force on the touring circuit – and it’s what’s going to make Gilbert’s Devil Don’t Sleep 2017 Tour push the limits between what a country show is all about with his unique blend of hard rock, country songcraft and dashes of church music and hip-hop thrown in.

“Headlining shows in arenas gives you a lot of room to rock,” admits the man who won 2013’s Academy of Country Music’s Top New Male and 2014’s American Music Award for Favorite Album – Country for his Just As I Am. “The rooms are big enough, the energy really gets going. They push us, we feed them and the whole thing gets louder and louder til it feels like the roof’s gonna come off. But they listen, the people who come like when we strip it back, and you can hear’em sing. So after last year’s Blackout, this year’s Devil Don’t Sleep is gonna be that much better.”

Named for the album Gilbert will be dropping in early 2017, his latest tour will be an intense night of music, graphics and songs ranging Hank Junior to his own signature kind of post-Outlaw country. Joining him for the tour will be hardcharging Tucker Beathard, currently closing in on #1 with his debut “Rock On,” and indie breakout Luke Combs.

Tickets can be purchased at Ford Center Ticket Office, Ticketmaster.com or by phone 800.745.3000

Adopt A Pet

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Noel is a 1 ½-yr-old female Lab mix. She was adopted from VHS as a puppy, and then returned as often happens when puppies grow up. And puppies always grow up! Noel’s $100 adoption fee includes her spay, microchip, vaccines, etc. All that’s already been done, so she can go home TODAY! Contact the Vanderburgh Humane Society at (812) 426-2563 or at www.vhslifesaver.org for adoption details!

 

CHANNEL 44 BREAKING NEWS: EPD Officers Appeal Suspensions At Police Merit Commission Meeting

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4 EPD Officers Appeal Suspensions At Police Merit Commission Meeting

NOVEMBER 14TH, 2016

BRITNEY TAYLOR EVANSVILLE, INDIANA

All four officers suspended after an arrest late last month appeal their suspensions. Dozens of officers show their support for them at Monday afternoon’s Police Merit Commission meeting.

The future of these four officers remains unclear. They all appealed their suspensions, but it could take weeks until a decision is made.

The four Evansville Police officers are accused of using excessive force in the arrest of Matt Healy on October 29th. Officers filed documents stating Healy fought with them during the arrest. But body cam footage showed that was not the case.

Officers Mark Decamps, Marcus Craig, and Nick Henderson could be fired. Sergeant Kyle Kassel could be demoted. Indiana State Police are also investigating to see if the men should face criminal charges.

The officers suspensions will be up on Thanksgiving. The chief will decide if they come back to work November 25th or be suspended with pay.

The next Police Merit Commission meeting is November 28th, but no disciplinary action will be taken. However there could be disciplinary hearings scheduled.