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AG Zoeller, Department of Financial Institutions Return $1M To Consumers

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Indiana Consumers Will Also See Over $11M In Debt Canceled

INDIANAPOLIS, IND.– Indiana Attorney General Greg Zoeller and the Indiana Department of Financial Institutions (DFI) have reached a settlement agreement with Western Sky Financial LLC, CashCall, Inc., WS Funding, LLC, Delbert Services Corporation, and John Paul Reddam affecting more than 10,000 Indiana residents. A settlement administrator, at Defendants’ expense, will mail refund checks to the consumers identified in the settlement. Borrowers affected by the unlawful lending will also see their loan balances canceled and any information on the loans removed from their credit reports.

The Attorney General and DFI reached a settlement agreement with the companies to resolve allegations that they made, serviced, and collected high-cost loans in violation of the Indiana Deceptive Consumer Sales Act and the Indiana Uniform Consumer Credit Code. As part of the settlement, the companies are banned from making consumer or small loans in Indiana for two years, and are required to apply and obtain a license from DFI before resuming consumer or small loan lending activities in the state.

“There are few cases that are as outrageous as this one where consumers were taken advantage of during a time of need,” Zoeller said. “Not only will consumers receive some restitution but these kinds of acts will be halted for years to come.”

The lawsuit filed against CashCall alleged that the company engaged in a “rent-a-tribe” scheme. CashCall’s front company, Western Sky Financial, LLC, was falsely associated with a Native American tribe and originated unlawful loans. Immediately, these loans were then transferred to CashCall, which collected and charged excessively high interest rate payments.

Western Sky and CashCall serviced and collected personal loans with annual percentage rates greatly exceeding those authorized by Indiana law and obligating more than 10,000 consumers to re-pay many times over the amount they borrowed in unlawful fees and interest.

As part of the settlement, the defendant companies have been ordered to:

  • Repay $1 million dollars in restitution for illegal loan costs to Indiana consumers impacted by the high-priced loans.
  • Cancel and adjust to a zero balance on loans that they own, service or collect.
  • Notify credit reporting agencies to remove credit information for the loans from the consumers’ credit files.
  • Cease all consumer and small loan lending activity within Indiana for two years.
  • After the two year ban, not participate in direct or indirect servicing, collecting, consumer lending activity, or attempt to service or collect consumer loans without a proper license issued by the DFI.
  • Notify all persons and entities who previously purchased or who were assigned loans from the defendants that the loans have been discharged, forgiven, and that the Court has determined the loans are legally unenforceable.
  • Comply with the Indiana Uniform Consumer Credit Code and the Indiana Deceptive Consumer Sales Act.

Zoeller thanked Deputy Attorneys General Tom Irons, Justin Hazlett and Betsy Isenberg for their work on this case.

Brereton Jones, Old Friends to Receive KEEP Industry Vision Award

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The Honor Was Established To Recognize Distinguished Leadership In Kentucky’s Equine Industry

Lexington, KY- The Kentucky Equine Education Project (KEEP) has announced former governor and founding KEEP member, Brereton Jones, and Old Friends Thoroughbred Retirement Farm as recipients of the inaugural Industry Vision Award during the KEEP Equine Industry Conference on October 18 at the Embassy Suites Hotel in Lexington. A committee made up of KEEP Board members chose nominees with recipients determined by secret ballot.

“We are very proud to recognize Brereton Jones and Old Friends for their significant contributions to Kentucky’s horse industry,” said Joe Clabes, KEEP Executive Director. “The committee could not have selected two more deserving ambassadors for this recognition. We look forward to expressing our appreciation for all they have done to advance Kentucky’s signature industry and how it is perceived around the world.”

The lunch program on October 18th will also feature an address by Julie Broadway, who was named President of the American Horse Council (AHC) earlier this year. Ms. Broadway will discuss AHC initiatives, including the effort to update the National Economic Impact Study. She will also provide insight into what the horse industry can expect from Washington in the coming months.

The two-day Equine Industry Conference will begin Monday afternoon with partner organization meetings and other breakout sessions, followed by an evening welcome reception providing casual networking opportunities. During Tuesday’s sessions, equine industry leaders and experts will participate in panel discussions regarding the current state of the equine economy and how to improve the outlook for the future. Presentations will include a review of economic data, legislative and regulatory discussion by key policy experts and information about innovative programs to support the equine economy through improved business marketing, tourism opportunities and new industry-based initiatives.

For those that are not able to attend the full conference, KEEP is offering a lunch-only registration special for just $40. Additional information, including the conference agenda and online registration are available online at: www.horseswork.com

ABOUT KEEP

The Kentucky Equine Education Project is a grassroots organization created in 2004 to preserve, promote and protect Kentucky’s signature horse industry. Support for KEEP’s activity comes directly from the horse industry and horse industry supporters that we represent. To learn more about how you can become a member or make a contribution, please visit www.horseswork.com.

Catch the Latest Edition of “The Indiana State Police Road Show”

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Indiana - Catch the latest edition of the “Indiana State Police Road Show” radio program every Monday morning at your convenience.

This week’s show features Indiana State Police Sergeant Anthony Emery and ISP intern and IUPUI college student Connor Davidson. Sgt. Emery discusses the process and requirements to participate and Mr. Davidson talks about his experiences since being accepted into the ISP intern program.

Download the program from the Network Indiana public websites at www.networkindiana.com.  Look for the state police logo on the main page and follow the download instructions. The ISP Road Show can also be viewed via YouTube.

Go to https://www.youtube.com/channel/UCu5Bg1KjBd7H1GxgkuV3YJA or visit the Indiana State Police website at http://www.in.gov/isp/   and click on the YouTube link. This 15 minute talk show concentrates on public safety and informational topics with state wide interest.

The radio program was titled “Signal-10” in the early sixties when it was first started by two troopers in northern Indiana. The name was later changed to the “Indiana State Police Road Show” and is the longest continuously aired state police public service program in Indiana.

Radio stations across Indiana and the nation are invited to download and air for FREE this public service program sponsored by the Indiana State Police Alliance and Cops for Kids, a subsidiary of the Indiana State Police Alliance.

UE Athletics And Ford Center Announce Contract Extension

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UE Men’s Basketball To Play At Ford Center Through 20-21 Season

The University of Evansville Athletics Department and the City of Evansville Redevelopment Commission have announced a contract extension that will see the Purple Aces men’s basketball team continue to play at the Ford Center through the 2020-21 season.

“We are excited to announce the extension and continue our relationship with the City of Evansville, VenuWorks and the Ford Center,” UE Director of Athletics Mark Spencer said. “The Ford Center is a first class venue that helps us to showcase our program to the Evansville community and all the Aces fans around the area.”

As part of the agreement, the Aces women’s basketball team will play its games for the 2016-17 season at the Ford Center before moving onto the UE campus to play in the Carson Center. The team will join the Aces volleyball team at Meeks Family Court inside the Carson Center starting in the fall of 2017.

Beginning in the summer of 2017, a full renovation of the Carson Center facility will take place that will see the addition of bleacher and chairback seats on the West side of the floor, which will bring the total capacity to 1,100. Other new amenities include new scoreboards, videoboard, sound system, basketball baskets, LED press tables, padded courtside floor seats and a portable volleyball flooring system. That project will be completed before the start of the 2017 volleyball season and will have its public debut as the UE volleyball team will take on Indiana University in September.

“Moving to the Carson Center will be a nice boost for our program, as well as volleyball,” Aces women’s basketball coach Matt Ruffing said. “The renovations we will be implementing are going to improve the atmosphere for the student-athletes and fans of both sports and provide a real home court advantage.”

Evansville’s men will continue to play at the Ford Center. Since opening in 2011, the arena has played host to 98 men’s basketball games, with the Aces winning 63 of those contests. Highlighting the tenure at the arena for UE are three wins over ranked opponents and the 2015 CIT Championship game, which saw the Aces earn a win over Northern Arizona. The Aces also opened up the arena in 2011 with a dramatic win over defending national runner-up Butler.

Adopt A Pet

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Guppy is a 2-year-old female orange tabby! She was mom of the “fish” kittens, who have all been adopted. Guppy has FIV, or feline immunodeficiency virus, but no worries! She can still live a long, healthy life and can also live with FIV-negative cats. Her $30 includes her spay, microchip, vaccines, and more. Contact the Vanderburgh Humane Society at (812) 426-2563 for adoption information!

UE Head Softball Coach Mat Mundell Signs Contract Extension

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Mundell directed massive turnaround in just two seasons 

EVANSVILLE, Ind. – University of Evansville Director of Athletics Mark Spencer has announced the signing of UE head softball coach Mat Mundell to a contract extension with the Purple Aces program

“I want to thank President Kazee and Athletic Director Spencer for their continued support and commitment that they have shown to help the softball program grow,” Mundell said.  “I am proud of the job the players and the staff and done to move our culture in a positive direction.  My family and I are extremely thankful and blessed to be able to continue in the Evansville community.”

Mundell orchestrated one of the top turnarounds in the NCAA in 2016, more than doubling the win total from the previous season.  The 14-win improvement was the 9th-best jump among the 295 NCAA softball programs.  He also helped the Aces to 12 league wins, its highest total in nine seasons.  Mundell, along with assistants Ashley Balazs and Aubrey Watson, were named the 2016 Missouri Valley Conference Coaching Staff of the Year for their efforts.

“Coach Mundell and his staff have done an excellent job in a short time at the helm of our softball program,” Spencer said.  “Our student-athletes have bought into Mat’s vision and we are extremely excited about the future of the program.”

Originally picked 10th in the preseason Missouri Valley Conference poll, Evansville recorded 12 league wins, its highest total in nine years while tying Bradley for 5th place in the league.  The turning point of the season came in the fourth inning of game two against Wichita State.  UE was 2-8 in MVC play at that point, had lost the first game of the series to the Shockers, was trailing the game 4-0 and had not won an MVC series in three years.

One swing changed the course of the season.  With the bases loaded, Morgan Lambert hit a grand slam before Hayli Scott notched the game-winning hit in a 5-4 win.  A day later, the Aces won the series with a 3-2 triumph, dealing the eventual MVC champs one of only two conference series losses in 2016.  That was the first of four MVC series wins in a row as the Aces won finished the season winning five of their final six conference series.

Leading the way for the Aces in her first season was MVC Freshman of the Year Morgan Florey.  Finishing third in the MVC with a 1.95 ERA, Florey won a total of 16 games.  She was also the top power hitter on the team, leading UE with 8 home runs and 26 RBI.  She joined Chandra Parr on the All-MVC First Team.  For Parr, it marked her second appearance on the list.  She batted .306 and knocked in 23 runs in 2016.  Susan Norris also garnered postseason accolades, earning a spot on the All-Defensive Team as she registered a .977 fielding percentage.

“We have taken many steps forward in 2016 but the team and I have many goals we look forward to achieving this season and in the future,” Mundell added.

 

Illinois-Based Automotive Supplier Plans Growth, New Jobs in Angola

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Angola – Ventra Angola, a parts manufacturer for the automotive industry, announced plans today to expand its operations in northeast Indiana, creating up to 88 new jobs by 2019.

“Indiana businesses have added more than 156,000 new jobs since 2013, providing increased quality employment opportunities for Hoosiers across the state,” said Governor Mike Pence. “Indiana offers a low-cost, low-tax business climate that supports growth, allowing job creators to invest in their business and their employees. The state’s manufacturing industry supports one in five Hoosier jobs, and we look forward to continued growth thanks to the commitment and determination of businesses like Ventra Angola.”

The company, which is part of Urbana, Illinois-based Flex-N-Gate, will invest $8.1 million to increase manufacturing capacity at its 128,000-square-foot facility at 3000 Woodhill Drive in Angola. Ventra Angola will purchase new equipment, including roll mills, and reconfigure its operations in order to accommodate the growth. The company, which has been operating in Indiana since 1993, plans to increase its production of parts by 70 percent to support a new contract with General Motors.

Flex-N-Gate Corporation is the 10th-largest original equipment supplier in North America and the 38th-largest supplier in the world, according to Automotive News. The company employs more than 18,750 people at 55 manufacturing facilities and nine product development and engineering facilities throughout Canada, the United States, Mexico, Argentina, Brazil and Spain. In addition to its Angola facility, Flex-N-Gate also operates Indiana facilities in Covington and Veedersburg.

“Today’s news wouldn’t be possible if not for the commitment and talent of our workforce in Angola, a workforce that has been directly responsible for years of success and now an extremely promising future for our Ventra operation,” said Bill Beistline, vice president of procurement at Flex-N-Gate.  “We are also grateful to Mayor Hickman and the Indiana Economic Development Corporation, because it takes a special kind of partnership to create jobs and make expansion plans of this magnitude a reality. Our company is proud to operate three plants in Indiana, all of them thriving, and there is no question the best days for our Ventra operation in Angola are just ahead.”

Ventra Angola plans to start installing new equipment in the first quarter of 2017 and ramping up production in October 2017. The company, which currently employs 25 full-time Hoosiers at its Steuben County plant, will begin hiring for various positions this month. New positions are expected to offer average salaries 40 percent higher than the Steuben County average wage. Interested applicants may apply online.

Flex-N-Gate’s major product lines include complete bumper assemblies, mechanical assemblies, exterior plastic trim, aluminum and steel modular stamped body-in-white and chassis assemblies, and complex welded structural assemblies for the light vehicle market.

“The city of Angola is excited that Ventra Angola is expanding in our city. This is exactly the type of jobs and investment we have been working toward through economic development planning,” said Mayor Richard Hickman. “Ventra Angola’s $8.1 million dollar investment shows great faith in our community and the skills of our local workforce. These are quality jobs with the kinds of wages and benefits that will help draw more people to our community. We appreciate the hard work that the IEDC has put in to bring this expansion to Angola, and we are grateful that Ventra Angola is choosing to invest in our city.”

The Indiana Economic Development Corporation offered Ventra Angola up to $650,000 in conditional tax credits and up to $25,000 in training grants based on the company’s job creation plans. These incentives are performance-based, meaning until Hoosiers are hired, the company is not eligible to claim incentives. The city of Angola will consider additional incentives.

Divided COA tosses $2M DUI crash verdict over old convictions

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Dave Stafford for www.theindianalawyer.com

The majority of an Indiana Court of Appeals panel held Thursday that a drunken driver’s decades-old convictions for alcohol-related offenses were irrelevant and prejudicial in a civil suit following a personal-injury crash. A dissenting judge, though, wrote the admissibility of such evidence should go to its weight rather than its age.

A Lake Superior jury awarded Andrew and Melissa Pappas nearly $2 million in damages after Andrew Pappas’ car was struck in May 2013 by a car driven by Danny Sims. Sims’ blood alcohol level was nearly three times the legal limit. An ensuing civil trial awarded the crash victim $1.44 million in compensatory damages, $182,500 in punitive damages, and his wife $373,500 for loss of consortium.

During oral arguments in June, the appeals panel grappled with whether Sims’ alcohol-related driving convictions that were 17 and 30 years old should have been before the jury.

Senior Judge Randall Shepard and Judge Patricia Riley formed the majority that tossed the verdict. Sims’ dated convictions “neither proved nor disproved any facts that were central to the main question the jury decided — compensatory damages and loss of consortium, “ Shepard wrote in Danny Sims v. Andrew Pappas and Melissa Pappas, 45A03-1509-CT-1424. “As they were not relevant to these issues and unfairly prejudicial (though probably not to the question of punitive damages), we reverse and order a new trial.

The majority, however, declined to establish a rule barring evidence of convictions more than 10 years old.

“We do not say that evidence of decades-old, alcohol-related offenses can never be admissible in civil actions for damages arising from motor vehicle accidents. But in this case, in light of Sims’ admissions of fault and to being intoxicated at the time of the accident, and taking into consideration the evidence regarding the circumstances of the accident that was presented at trial, and the inferences made by the Pappases’ counsel that Sims was not punished properly for the prior convictions, the prejudicial effect of evidence of a thirty-year-old conviction for OWI and a seventeen-year-old conviction for reckless driving outweighs any probative value the evidence can serve,” Shepard wrote.

Dissenting Judge Robert Altice wrote that while the remoteness of the convictions tends to diminish their probative value, this should go to the weight of the evidence rather than its admissibility.

“On more than one occasion, the majority observes that the prior convictions had no relevance or probative value with respect to the determination of compensatory damages. This is true but beside the point,” Altice wrote. “A review of the record, especially closing arguments, makes clear that the evidence of Sims’s prior offenses was admitted for the sole purpose of establishing punitive damages. The evidence had a direct bearing on the reprehensibility of Sims’s actions and his state of mind at the time of the accident.” Altice would find no error or abuse of discretion by the trial court in admitting the evidence.

7th Annual Prescription Drug Abuse & Heroin Symposium Begins Today

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AG Zoeller, Rx Task Force host two-day conference to focus on reducing
opioid abuse, providing treatment in Indiana communities

INDIANAPOLIS, Ind. – Indiana Attorney General Greg Zoeller, creator and co-chair of the Indiana Prescription Drug Abuse Prevention Task Force, hosts the 7th annual Indiana Prescription Drug Abuse & Heroin Symposium beginning today at the Indiana Convention Center in downtown Indianapolis. The symposium, which will take place today and tomorrow, will focus on new challenges in the fight against opioid prescription drug and heroin abuse.

More than 900 people will attend this year’s symposium, titled “Rebuilding the Hoosier Heartland”. The two-day symposium will offer sessions on arming communities with strategies for curtailing abuse and providing treatment.

“This is our 7th annual event and today there is a much greater understanding of the consequences of abuse and addiction from opioids and prescription drugs,” Zoeller said. “Our Task Force and its partners continue to address the crisis from the ongoing opioid epidemic. It is up to all of us to remain engaged and seek solutions to this public health crisis that is devastating lives across Indiana.”

The symposium will for the first time focus on heroin abuse and how to reduce its supply, building on the efforts of the task force during this past year. High-risk individuals are more vulnerable than ever to increasing numbers of overdoses on a new form of heroin laced with fentanyl. The synthetic drug has increased heroin’s potency by 30- to 50 times.

Zoeller created the Prescription Drug Abuse Prevention Task Force in 2012 to reduce the abuse of controlled prescription drugs and decrease the number of deaths associated with these drugs in Indiana.

In 2016, the task force placed heroin abuse in its cross-hairs due to the overwhelming cry from communities across Indiana who needed their first responders to be equipped and trained with Naloxone, the fast-acting antidote for people who have overdosed on prescription opioids or heroin.

So far this year, Zoeller has provided $800,000 to Overdose Lifeline, Inc., the Indianapolis Metropolitan Police Department, and the Indiana State Police for the purchase and distribution of Naloxone kits. These agencies combined have saved at least 1,500 lives across the state.

Congresswoman Susan Brooks is on the front lines of addressing these issues in Congress. She is an author of the “Heroin and Prescription Opioid Abuse Prevention, Education, and Enforcement Act of 2015,” which targets several areas of need critical to reducing the number of painkiller and heroin overdose deaths each year. The legislation will provide new guidance and best practices to members of the medical community, reauthorize prescription drug monitoring programs (PDMP) critical to local law enforcement efforts, increase access to life-saving Naloxone and raise public, provider, and patient awareness of opioid drugs.

“The over prescription of opioids is a contributing factor to the heroin and opioid abuse crisis that is devastating Hoosier families and communities,” Brooks said. “This year in Congress, we were able to get legislation signed into law to address some aspects of this crisis, but there is still much more work to be done. This symposium is an opportunity to share successes and to confront the continuing challenges that are facing our state as a result of heroin and opioid abuse.”

Deaths caused by heroin overdoses have nearly doubled in recent years.

“While the task force has made progress in reducing the number of pills prescribed we now turn our attention to address the need for addiction treatment by those who often to turn to heroin,” Zoeller added.

The Task Force combines legislators, state and federal regulators, clinicians, pharmacists, treatment providers, educators and law enforcement, and holds quarterly meetings in addition to meetings held by the following individual committees: Education, Enforcement, INSPECT (state prescription drug monitoring program), Treatment & Recovery and Drug Take Back.

The Indiana Prescription Drug Abuse Symposium is the largest statewide collaboration of professionals from local, state and federal agencies, academia, clinicians, pharmacists, treatment providers, counselors, educators, state and national leaders, and advocates impacted by prescription drug abuse. The two-day event features several educational sessions centered on prevention, treatment and recovery.

Sessions include:

Oct. 13

  • 8:45 am – The Story of the Opiate Epidemic and How We Got Here
  • 10 a.m. – Addressing Addiction Behind the Walls
  • 10 a.m. – Pharmacists and Student Pharmacists’ Involvement in Drug Abuse Issues
  • 10 a.m. – Benzodiazepines: Use Navigating Crucial Conversations
  • 10 a.m. – Why Are So Few Physicians Treating Addiction? What Can We Do About It?

  • 11:15 a.m. – Opioids: What Our Country Needs To Know and Prepare – Healing w/Hope
  • 11:15 a.m. – Project Point: A New Approach to Improving Care for Patients of Opiate Overdose
  • 11:15 a.m. – MAT – Successful Collaborations with Courts & Law Enforcement
  • 11:15 a.m. – Treatment, Recovery and Reproductive Health Services. Doesn’t It Make Sense?

  • 1:15 p.m. – Drug Abuse at the Crossroads Between the Living and the Dead
  • 1:15 p.m. – The Role of Physical Therapy in the Management of Chronic Pain
  • 1:15 p.m. – Coaching For Success: Integration of the Recovery Model and MAT
  • 1:15 p.m. – Community Continuum of Supports: A Framework for Community Empowerment

  • 2:30 p.m. – Harm Reduction Works
  • 2:30 p.m. – How to 10-90 Life Using REBT Skills in a Recovery Lifestyle
  • 2:30 p.m. – How Pharmacists and Pharmacy Technicians Can Curb Indiana’s Meth Lab Crisis
  • 2:30 p.m. – Born Dependent – Neonatal Abstinence Syndrome: Helping Mom & Babies

  • 3:45 p.m. – International Efforts to Reduce Heroin Supply

 Oct. 14

  • 8:45 am – Opioids and Pregnancy – Life Course Perspectives

  • 10 a.m. – Don’t Be a Weak Link: Developing a Multidisciplinary Public Safety Naloxone Program
  • 10 a.m. – Recovery Works & the Gold Card Program
  • 10 a.m. – Teen Substance Abuse: America’s #1 Public Health Problem
  • 10 a.m. – Managing Acute Pain Patients Suffering from Heroin Addiction: 4 Patient Cases

  • 11:15 a.m. – Drug Store Cowboys: Pharmacy Robbery and Burglary for Controlled Substance
  • 11:15 a.m. – Identifying and Implementing Effective Prevention Strategies to Combat the Opioid Epidemic-Practical Application in Your Community
  • 11:15 a.m. – Drug Monitoring Program Data
  • 11:15 a.m. – Adolescent Substance Abuse Disorder Treatment: What’s the Latest?

  • 1:15 p.m. – Building Local Capacity to Prevent Prescription & Opiate Drug Abuse Before it Happens

  • 2:30 p.m. – Bad medicine
  • 2:30 p.m. – Community Collaboration and MAT: How Our Community Addressed the Substance Abuse Crisis
  • 2:30 p.m. – How Do We Keep Track of Professionals With Substance Use Disorder?
  • 2:30 p.m. – It Takes a Village: Preventing Substance Abuse Among Youth

  • 3:45 p.m. – Strategies for Success – State’s Attorney General Panel

New this year, the Office of the Indiana Attorney General will feature a “Recovery is Beautiful” and “Memory” Wall at the symposium. The wall will feature loved ones in recovery and lives lost to opioid addiction. The displays will be located at the BitterPill.in.gov booth. Submissions, which included a photo with a brief story, came in from across Indiana.

Special guests at the symposium include Congresswoman Susan Brooks, Attorney General of the State of Puebla, Mexico, Victor Carrancá Bourget, and this year’s keynote speaker, Sam Quinones, author of the book, Dreamland. Sam Quinones is a journalist, storyteller, former LA Times reporter and author of three acclaimed books of narrative nonfiction.

Visit www.BitterPill.IN.gov for more information about the Attorney General’s Prescription Drug Abuse Prevention Task Force, naloxone expansion efforts and other responses to the state’s opioid overdose crisis.

VANDERBURGH COUNTY FELONY CHARGES

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

Anthony Birk Attempted battery against a public safety official, Level 6 felony

Resisting law enforcement, Class A misdemeanor

Resisting law enforcement, Class A misdemeanor

Criminal mischief, Class B misdemeanor

Steven B. Herring Battery resulting in bodily injury to a public safety officer, Level 5 felony

Resisting law enforcement, Class A misdemeanor

Disorderly conduct, Class B misdemeanor

Michael Blaine Stevens Possession of a synthetic drug or synthetic drug look-alike substance, Level 6 felony

Driving while suspended, Class A misdemeanor