|
Adult Halloween Events at Willard Library!
Supreme Court Vacates Order To Require Restitution As Part Of Woman’s Probation
Olivia Covington for www.theindianalawyer.com
The Indiana Supreme Court has vacated an order a defendant pay restitution as a condition of probation after finding that the trial court failed to determine that the defendant did not have the ability to pay.
In the case of Cynthia Bell v. State of Indiana, 49S02-1609-CR-00511, Cynthia Bell was ordered to pay restitution to Kalencia Kirkland after Bell was convicted of criminal mischief as a Class B misdemeanor. In August 2014, Bell threw a brick through the window of Kirkland’s apartment and damaged her 2007 Kia Sportage.
After Bell’s sentencing, the trial court then conducted a separate restitution hearing. At that hearing, Bell told the court she had not had a job in more than 20 years and was supporting herself on monthly disability checks, which totaled $730 each month. After paying her bills, Bell testified that she had no money left over.
After Bell’s testimony, neither the state nor the court asked her further questions about her financial situation, and she was ordered to pay $20 a week or $80 a month to Kirkland up to a total of $9230.30 in restitution as part of her probation.
Bell then appealed to the Indiana Court of Appeals, arguing that the monthly payment exceeded what she would be able to afford. A majority of the appellate court affirmed the trial court’s restitution order, with Judge Terry Crone dissenting.
But in the opinion it handed down Thursday, the Indiana Supreme Court vacated the restitution order, writing that the trial court incorrectly determined that Bell could afford the monthly payment. The trial court was allowed to order restitution despite Bell being found indigent for other purposes, Justice Steve David wrote for the majority. However, the record did not reflect that Bell was actually able to make the ordered monthly payment, he wrote.
In her testimony during the restitution hearing, Bell told the court that she did not have a job or car and that any sort of monthly payment would be a real financial burden.
Based on that testimony, David wrote that it should have been clear to the trial court that Bell would be unable to make a monthly restitution payment. Further, David pointed to the fact that the state did not ask Bell any cross-examination questions after her testimony to refute her claims.
“While we are sympathetic to the victim of Bell’s offense, the trial court failed to engage in its statutorily required duty to determine that Bell could or would be able to pay, and Bell provided sufficient and unrebutted testimony that she did not have any additional income each month in order to make the ordered restitution payments,†David wrote.
Justice Geoffrey Slaughter dissented in part with the majority opinion, writing in a separate opinion that he would remand the case to allow the trial court to determine what Bell’s sentence should be if she cannot pay the restitution. However, Slaughter also wrote that he agreed that the trial court erred when it imposed the restitution order.
USI Volleyball stops slide with sweep of Stars
University of Southern Indiana Volleyball ended a four-match losing streak with a 25-22, 25-16, 25-22 Great Lakes Valley Conference victory over the University of Illinois Springfield Saturday afternoon at the Physical Activities Center.
USI (7-8, 2-4 GLVC) used a strong attack to gain the upperhand in the opening set. The Screaming Eagles hit .353 and recorded a .720 side-out percentage en route to the three-point win.
Senior outside hitter/middle hitter Amy Zwissler (Bloomington, Indiana) had seven of her match-high 17 kills in the second set as the Eagles rolled to the nine-point win. Zwissler had three straight kills in a 6-0 run that turned a 16-14 advantage into a much-more comfortable eight-point cushion.
The Eagles used a 6-1 run in the third set to turn a two-point deficit into a 16-13 lead midway through the stanza. Illinois Springfield got back to within a point on several occasions but could not draw even with the Eagles as Zwissler’s kill on the final rally slammed the door on any comeback attempt.
In addition to Zwissler, the Eagles got eight kills from redshirt freshman middle hitter Elexis Coleman (Joliet, Illinois) as well as 38 assists from sophomore setter Erika Peoples (Bloomington, Illinois). Junior libero Shannon Farrell (Munster, Indiana) finished with a match-high 18 digs, putting her career total at 1,077, which is good enough for ninth all-time at USI.
The Eagles return to action Tuesday at 7 p.m. when they host Bellarmine University at the PAC.
Short Box Score (Match)
Univ. of Southern Indiana Volleyball
Illinois Springfield vs Southern Indiana (Oct 01, 2016 at Evansville, IN)
Southern Indiana def. Illinois Springfield 25-22,25-16,25-22
Illinois Springfield (5-9, 0-6 GLVC)
(Kills-aces-blocks) – Sunderlin, Tiffany 8-0-2; Hasler, Alyssa 7-0-3; Splitt, Alli 6-0-2; Borum, Jailyn 6-0-1; Burkle, Emma 5-0-1; Beaton, Ashley 3-0-1; Totals 35-0-5.0. (Assists) – Hall, Lexi 18; Wentworth, Tiffany 15. (Dig leaders) – Borum, Jailyn 14; Katarzynski, Kayla 10
Southern Indiana (7-8, 2-4 GLVC)
(Kills-aces-blocks) – Zwissler, Amy 17-0-1; Coleman, Elexis 8-0-1; Humphrey, Mikaila 7-2-1; Whitfield, Te’Ayla 6-0-3; Jung, Amanda 4-0-1; Peoples, Erika 1-1-1; Limper, Haley 0-1-0; Farrell, Shannon 0-1-0; Totals 43-5-4.0. (Assists) – Peoples, Erika 38. (Dig leaders) – Farrell, Shannon 18; Humphrey, Mikaila 9
Site: Evansville, IN (PAC)
Date: Oct 01, 2016Â Â Attend: 122Â Â Time: 1:27
Referees: Brooks Corn, John Hunley
USI paced by duo at Greater Louisville Classic
Two University of Southern Indiana Women’s Cross Country runners finished near the top of the pack at the Great Louisville Classic Saturday morning in Louisville, Kentucky.
Junior Emily Roberts (Fredericktown, Ohio) was the finisher for the Screaming Eagles coming in 21st. Her 5k-time of 17 minutes, 20 seconds was only seconds better than senior Jessica Reeves (Midland, Michigan), who finished with a time of 17:24. Reeves’ time was good enough for 28th.
Finishing 16th overall with 452 points, the Eagles were second fastest NCAA Division II school in the Gold Race. Grand Valley State University was the top finishing DII school with 260 points in their sixth-place finish.
In the Blue Race, sophomore Kate Henrickson (Boonville, Indiana) was the top finisher for USI with a time of 19:00. Henrickson placed 33rd overall, while the team placed 21st in a field of 48.
USI will return to action next weekend, Saturday, October 8 in Romeoville, Illinois for the Conference Crossover hosted by Lewis University.
Eagles get three in top 50 at Greater Louisville Classic
The top seven runners for USI were separated by less than a minute. Junior Bastian Grau (Hôchstadt, Germany) paced the Screaming Eagles with a time of 24 minutes, 40 seconds and a 29th-place finish. Seniors Noah Lutz (Evansville, Indiana) and Chase Broughton (Marengo, Indiana) finished with times of 24:46 and 24:55. Lutz time was good enough for a 35th-place finish, while Broughton earned 47th, respectively.
Also finishing in under 25 minutes, junior Jesse Stanley (Chandler, Indiana) crossed the finish line in 54th with a time of 24:59.
Finishing in the top-100 were sophomore Darin Lawrence (Indianapolis, Indiana) and junior James Cecil (Owensboro, Kentucky) in 68th and 82nd, respectively. Junior Cain Parker (Petersburg, Indiana) rounded out the top seven USI finishers, playing 101st.
Out of 33 teams in the Gold Race, USI placed fifth overall with 228 defeating the host, University of Louisville, in the process. Grand Valley State University one the event and was the only NCAA Division II school to finish ahead of the Eagles.
Freshman Eli Hill (Bloomington, Illinois) paced USI in the Blue Race with a time of 26:18 finishing the race in 48th-place. In a field of 41 teams, the Eagles placed 21st.
USI will return to action next weekend, Saturday, October 8 in Romeoville, Illinois for the Conference Crossover hosted by Lewis University.
Personal Records Fall across the Board for UE Cross Country
Aces run well at Greater Louisville Classic
LOUISVILLE, Ky. – One of the biggest races in the country saw the University of Evansville cross country teams run well, setting personal records on both sides at the 2016 Greater Louisville Classic, which was held at Tom Sawyer Park.
The men took 34th place out of 41 teams in the 8K race, which featured 358 runners. Leading the squad once again was Ricky Hendrix. The freshman ran his fastest 8K time, checking in at 27:11.00, beating his previous PR by four seconds. He placed 120th.
Ross Frondorf was second on the team. The senior ran a time of 27:50.37 to finish in 178th. The effort was his fastest 8K time since the 2014 MVC Championships. Andrew Barrett was next up for UE, posting a time of 28:10.63. It was a new PR for the sophomore, eclipsing his previous one by over a minute.
Stanley Chiepching also registered his best time in the 8K. Chiepching came in 218th with a 28:16.63. His previous best time of 28:35.05 came in September at EIU. Two spots behind him was fellow freshman Tucker Dawson. Dawson has been improving all season long and continued that today with a 28:18.56. It was 1:07 faster than his old PR from EIU.
Paul Schwartz ran the course in 28:36.18. The run was a solid one for Schwartz and just one second off of his PR. Another freshman – Aaron Cochran – set his top time. A 28:40.87 was 15 seconds faster than his quickest time of his career at UE. Ben Woolems ran his fastest time of the year. A 28:59.81 was over two minutes quicker than any other 8K race in 2016 for the senior. In his first 8K race with the Purple Aces, Kudzi Mandingwa finished in 32:01.23.
For the women, it was the duo of Sienna Crews and Hannah Welsh leading the way as the team took 17th place out of 48 squads. Crews crossed the line in 18th place out of 406 runners. She circled the 5K course in 18:39.33. Welsh was just over a second behind Crews, taking 20th place. Welsh finished in 18:40.53.
Ashton Bosler was the #3 runner once again for UE. The sophomore, who set a PR last week at Austin Peay, was just five seconds off of that pace today, running a 19:50.53. She came home in 110th place. Next up was Kylie Hasenour, who ran her best 5K time at UE. She finished the race in 20:05.89, eclipsing her previous PR by 22 seconds.
Michelle Karp posted her best 5K time of the season. The junior registered a 20:19.38, finishing 167th. Senior Anna Loef also recorded her fastest time of 2016. A 21:08.04 for Loef marked her fastest time since the 2014 MVC Championships. Fellow senior Katie Beaber had her best collegiate time as she finished the race with a time of 21:29.90. It bested her old PR, set as a freshman at the Fleet Foot Invitational. Her old top time was a 21:45.9.
August Martinez completed the race with a 22:45.13 while Hayley Elliott ran a 23:08.65. It was Elliott’s fastest time of the season.
Evansville will be off next weekend before returning home for the UE Invitational on October 15. The races will be held at Angel Mounds Cross Country Course.
Rodriguez Leads UE Volleyball at Bradley
UE back home next weekend
PEORIA, Ill. – It was sophomore Mildrelis Rodriguez pacing the University of Evansville offense once again as the Purple Aces fell by a 3-0 final at Bradley on Saturday night.
Rodriguez recorded 11 kills while Rachel Tam had seven for UE (4-14, 0-5 MVC). Joselyn Coronel and Olivia Goldstein notched 10 digs apiece while Jelena Merseli had 19 assists. Jamie Livaudais and Kelsey Cave registered 11 kills apiece for the Braves (6-9, 1-3 MVC).
Evansville faced a deficit in the first game of the evening, but battled back every time. After Bradley opened up a 5-1 lead, the Aces came back to tie it up at 10-10 as Rocio Fortuny notched a kill in the run. The Braves used an 11-2 stretch to go up 21-12 and looked in good shape, but the tenacious UE team did not give up.
An 11-3 run brought the Aces back within one at 24-23. Stellar serving by Rachel Tam was the difference as she had a pair of service aces in the rally. Erica Haslag ended the run with the set-winning kill to give BU a 25-23 decision.
Bradley took control midway through the second set. Up 12-7, the Braves extended the lead to nine at 20-11 before winning by a 25-15 final to take a 2-0 advantage. In the third frame, Evansville kept it close, trailing by a 7-5 score before Bradley scored eight in a row before clinching the match with a 25-16 win.
Illinois State and Indiana State will make their way to the Carson Center next weekend to face the Purple Aces in MVC action.
READERS FORUM OCTOBER 2, 2016
WHATS ON YOUR MIND TODAY?
Todays READERS POLL question is: Are you getting sick and tired of our elected and appointed City officials playing political games with our hard earn tax dollars?
Please take time and read our newest feature articles entitled “BIRTHDAYS, HOT JOBS†and “LOCAL SPORTS†posted in our sections.
If you would like to advertise in the CCO please contact us City-County Observer@live.com.
City County Observer has been serving our community for 15 years.
Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistribute.