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Judges Uphold Teen’s 40-Year Sentence For Brutal Attack On Homeowner

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Jennifer Nelson for www.theindianalawyer.com

A Grant County teen who participated in the rape of a homeowner during his burglary of her home deserves the 40-year sentence imposed in adult court, the Indiana Court of Appeals ruled Friday.

Larenz Jordan, then 15, and two others decided to rob a home occupied by R.H. while her husband was out of town in July 2014. They knew the home was occupied and when they encountered R.H., the three perpetrators took turns raping or assaulting her. She complied in order to protect her children from being awakened or harmed. The attack lasted for several hours and the three made her shower to attempt to get rid of any evidence. They took laptops and other electronics when they left.

Jordan was alleged to be a juvenile delinquent in August 2014, but was waived to be tried as an adult in Grant Circuit Court. He was charged with 15 offenses and found guilty of them all: 12 counts of rape, which included some as an accomplice; and one count each of conspiracy to commit rape, burglary and robbery. He received an aggregate 40-year sentence, with four years suspended to probation.

He argued in Larenz Jordan v. State of Indiana, 27A02-1511-CR-1897, that the trial court abused its discretion in determining he was “beyond rehabilitation under the juvenile justice system,” as required under I.C. 31-30-3-2(4). Jordan claimed that for the court to have entered findings concerning “criminal thinking,” as used in the waiver order, the record required evidence related to “criminogenic traits” as those are understood to apply within the context of evidence-based practices in sentencing and rehabilitation. Since no data was provided, the juvenile court’s waiver order was defective as a matter of law, he claimed.

The appellate judges rejected that argument, noting Jordan provided no legal authority to support that proposition. Nor will the court impose such a requirement as a matter of law, as his construction of the court’s order is excessively narrow and seeks to impose requirements not stated in the juvenile waiver statute, Judge L. Mark Bailey wrote.

The elements of the waiver statute are otherwise properly addressed and supported by evidence, he noted.

The judges also upheld the sentence, pointing out the offenses are “horrendous.” Jordan’s character also doesn’t support a reduction because he told the probation officer that the victim did not protest and didn’t seem to be upset about the incident. He also said he experienced a thrill when he took the victim’s van to leave the crime scene to buy snacks.

One probation officer who observed Jordan’s trial testimony opined that he has “no moral compass and I don’t know how to fix that.”

“Simply put, even given his age, Jordan’s character speaks poorly of him and of the likelihood of rehabilitation,” Bailey wrote.

YESTERYEAR: Ross Theater

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The Ross Theater is pictured here in 1993, shortly before the building was razed. It opened with Hollywood-style fanfare on Christmas Day in 1949, adjacent to the newly developed Ross Center at Washington Avenue and Boeke Road. Throughout its history, the original marquee, illuminated by a thousand light bulbs and neon tubing, remained intact. Patrons were pampered by the interior’s elegant marble foyer, plush carpeting, colorful tapestry walls, and even free bottle warmers in the crying room when the Ross first opened. The theater was transformed into a bargain-priced movie house in its latter years, finally closing in 1991 when it was deemed “functionally obsolescent.”

FOOTNOTES: We want to thank Patricia Sides, Archivist of Willard Library for contributing this picture that shall increase people’s awareness and appreciation of Evansville’s rich history. If you have any historical pictures of Vanderburgh County or Evansville please contact please contact Patricia Sides, Archivist Willard Library at 812) 425-4309, ext. 114 or e-mail her at www.willard.lib.in.us.

Vanderburgh County Food Inspection Report as of 7-14-16

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Food Inspection Reports 7-14-16

STOCK IN TRADE by Jim Redwine

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Gavel Gamut By Jim Redwine

(Week of 18 July 2016)

STOCK IN TRADE

Abraham Lincoln who was a storekeeper before he was a lawyer is credited with the statement:

“A lawyer’s time and advice is his stock in trade.”

But if an attorney becomes a judge what is her/his stock in trade? For what do we pay our judges? It is not their time; judges receive salaries. It is not their advice; judges are not supposed to give advice, only decisions based on the evidence and the law.

And why do we need somebody whose job it is to not give advice, i.e. to keep their personal opinions to themselves and decide cases objectively?

Society has plenty of people whose role it is to suggest and execute policy. County commissioners and council people, mayors, governors and presidents come to mind.

We also have lots of people whose job it is to pass legislation and fund it. State legislatures and Congress have those duties.

Such executive and legislative bodies have not only the right but also the obligation to express opinions and advocate for their positions. We elect these people for those very purposes. We may agree or disagree with our Executive and Legislative bodies as we choose.

But where do we look for objective decisions on important matters? What gives us confidence that issues wrangled over by individuals or such public servants as presidents and senators will be resolved fairly and impartially by that third branch of government, the Judiciary?

Judges have no armies or militia. Judges cannot impose taxes or pass legislation. Why do we even listen to much less comply with a judge’s decision, especially one we disagree with?

When I have taught judges from other countries such as Palestine or Ukraine or Russia they invariably ask me how I get citizens to accept my court judgments and follow them. In many other countries the concept of the Judiciary as a separate, equal and independent branch of government is impossible for the judges themselves to grasp. They are so used to court decisions being based on the political leanings and connections of judges nobody expects an unbiased judgment. America is supposed to be different.

Of course, we are all partisan. If a sitting judge voices a political opinion we agree with, we not only may not mind, we might applaud. Yeah for our side! However, should a judge portray prejudice against persons or positions we support we lose confidence in our legal system. And that is the only stock in trade judges have, i.e., confidence the judge is impartial.

The momentary elation we experience when some judge violates her/his duty and publicly rails for or against a particular person, party or position fades rapidly when we realize the judge is acting from prejudice. This is so because we know that we may have to face a judge who decides cases on whim not law.

There are many reasons America remains the land of the free but one of the most vital reasons is our independent judiciary. Are America’s judges human? Yes. Are they prejudiced? Yes. Is the perception they are going to decide cases without allowing their prejudices to control their view of the evidence important. You know it!

Synek signs with Pittsburgh Pirates organization

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After joining the Lake Erie Crushers of the Frontier League following an impressive senior campaign for the University of Evansville baseball team, Boomer Synek will be on the move once again as the Northbrook, Ill., native signed a minor league deal with the Pittsburgh Pirates organization on Friday.

“I’m really excited for the opportunity that I was given,” Synek said. “I wouldn’t be here without the love and support that I’ve gotten from my family, friends, teammates and coaches. I’m hoping that I can come in and help make a difference in the Pirates organization and continue to compete on a daily basis playing the game that I love.”

Synek, who earned First Team All-Missouri Valley Conference honors at catcher this past spring, will be the fifth Purple Ace playing with an affiliated club this season, joining former first round pick Kyle Freeland (Colorado Rockies), Eric Stamets (Cleveland Indians), Kyle Lloyd (San Diego Padres) and Kevin Kaczmarski (New York Mets). Both Freeland and Stamets are playing on the AAA level with Albuquerque and Columbus, respectively, while Lloyd is in AA with San Antonio and Kaczmarski is in high-A with St. Lucie.

Synek will begin his affiliated career with the Gulf Coast Pirates in Bradenton, Fla.

After missing much of 2015 due to injury, Synek moved over to catcher prior to the 2016 campaign and thrived. He led the team with a .341 batting average, which included a league-best .383 clip in MVC contests. He went on to finish the season with 40 runs batted in, 38 scores, 15 doubles and six home runs. He also walked 31 times to post a team-best .439 on-base mark, and he was just as stout defensively, creating 32 outs on the bases, catching 19 runners attempting to steal and picking off 13 more.

“I’m very happy for Boomer,” UE head coach Wes Carroll said. “He worked very hard with the position change, and it’s great to see him rewarded for his efforts. It’s great to see another Ace in professional baseball, and I know he will represent our program very well.”

With Lake Erie, Synek played in just four contests before getting picked up, doubling and knocking in a pair of runs over the course of seven at-bats. He also walked four times.

Evansville man found guilty of burglary, robbery

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An Evansville man was found guilty of multiple charges stemming from a violent burglary last fall.

Marquell M. Jackson, 23, was convicted of all nine counts against him including two Level 1 felonies of burglary resulting in serious bodily injury, aggravated battery, attempted armed robbery and attempted armed robbery resulting in serious bodily injury.

This comes after a four-day trial before Vanderburgh Circuit Court Magistrate Kelli Fink. The jury deliberated for about 40 minutes.

Jackson and his co-defendants are accused of trying to steal drugs and money from the apartments located at the 711 Tavern on 711 E. Virginia Street on Oct. 26, 2015. A shooting broke out between the group of men trying to steal the items and the victims and resulted in serious injuries.

Jackson also was found guilty of a gang enhancement that will double his sentence. He will be sentenced at 10 a.m. on Aug. 12.

Attempt to Locate – Robbery Suspect and Vehicle

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The EPD is asking for the public’s help on locating suspects in a robbery and criminal confinement as well as the victim’s vehicle.
At approximately 12 noon on Friday, July 15, 2016 officers responded to 514 West Oregon to the report that a man had been tied up and robbed. The victim, Harold Shelton, stated that two people that he identified as Andre Bell and Kellie Rogers had hit him causing him to lose consciousness. He said that they then tied him up and stole his vehicle along with other items from his apartment.
The victim’s vehicle is a 1985 Chev S10 Blazer. It is blue over silver with an Indiana, In God We Trust License plate, XLA 120.
It is believed that the vehicle may still be in the possession of the suspects. If the vehicle is located, please call 911 and do not attempt to take any other actions.
The suspects are described as follows:
Andre Bell – 30 years-old, B/M – 5’10’’ – 180 pounds with tattoos of a “tear drop” and “triangles” under his right eye, a tattoo of “Natisha” under his left eye and a tattoo of “Barbara” on his left arm.
Kellie Rogers – 29 years-old, W/F – 5’7” – 130 pounds with a tattoo of a heart on her upper chest and a tattoo of a rose on fire on her left arm.
If anyone has knowledge about the crime or the location of the suspects, please call the Evansville Police Department at 812-436-7979 or the WeTip line at 1-800-78-CRIME.

Dr. Bucshon’s Statement on France Terror Attack

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(WASHINGTON, D.C.) –Eighth District Congressman Larry Bucshon, M.D. released the following statement regarding the terrorist attack in Nice, France:

“Our hearts go out to the victims of this horrific attack, their families, and the French people,”said Bucshon. “We must unite with our allies around the world not just in mourning, but in the fight against terrorism and those who have waged war on our people and our way of life.”

Adopt A Pet

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 Eeyore is a male Treeing Walker Coonhound! He’s estimated to be about 10 years old, and that will stack the odds against him on the adoption floor. People don’t want to adopt “old dogs.” But the message that sends to Eeyore is: “You don’t deserve a home because you’re old, I’d like a puppy instead.” Eeyore was transferred to VHS from Evansville Animal Care & Control when they were out of space, so not much background information is known about him. His $100 adoption fee includes his microchip, vaccines, neuter, and more! Call (812) 426-2563, visit www.vhslifesaver.org, or stop by Tuesday-Saturday 12-6 for adoption information!

Minutes of the Board off Safety Meeting

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MINUTES

Wednesday, July 13th, 2016

Building Commission – Ron Beane Police Department – Chief Billy Bolin

Transportation & Services – Todd Robertson Fire Department – Chief Mike Connelly

~ Pledge of Allegiance ~

Business with Representatives:

Motion by Mike Lauderdale, 2nd by Michael Retter and so ordered to approve the following, upon Police Chief Billy Bolin’s approval:

A.  Dave Rector requests approval to appoint Edwin E. Bassemier as a Special Police Officer.

B.  Bob McCarty requests to amend the previously approved Evill Do-Rz Gearhead Club Car & Motorcycle Show scheduled for 4 September 2016.  The ending time was mistakenly written as 12:00pm on the application.  They would like an amendment to reflect the event ending at 12:00am.  He also would like to address the issue of the Franklin Street closure.

Mr. McCarty advised that he is requesting the Franklin Street closures from 8:00am through 12:00am to allow for pre-event set up and post event clean up.  The streets affected are the same streets used for the West Side Nut Club Cruise In.  There will be 35 volunteers working this event.  This is the first year for this event and it is not for profit.  Open to attendees at no cost.  Car show registrants will be charged a fee.  There will be vendors in the park and a free movie, ‘American Graffiti’, will play at night.  Mr. McCarty indicated that Hose House 5 is on alert and he plans to have 2 officers on duty working the event.  Safety Board Member Mike Lauderdale suggested that there be officers working as long as bars remain open and Mr. McCarty said he will comply.  Mr. McCarty advised that he is aware of the opposition from Ms. Reitz and that she will no longer be the General Manager of the businesses when the event is scheduled.  He scheduled this event for a Sunday after discussion with Ms. Reitz as to which day of the week would be best for an event.  He has also made concessions as to street closures in order to allow her customers to park.  He has unsuccessfully attempted to work out an agreeable solution with her as to the event times.  Mr. McCarty provided a signed petition by Franklin Street businesses, which will be open on the day of the event, indicating their support of the event and proposed times.  He also indicated that he anticipates hundreds of car owners from several states to participate in this event.  Mr. McCarty advised that he has spoken with the incoming General Manager, Paul, and Paul is ok with the event.

Motion by Michael Retter, 2nd by Mike Lauderdale and so ordered to approve the amended hours requested.  Matter was opened for discussion by Safety Board President JoAnne Smith.  (See C. below)

C.  Cindy Reitz of Gerst Haus/Sportsman’s/Smitty’s requests to address the Franklin Street closure planned for the Evill Do-Rz Gearhead Club Car & Motorcycle Show scheduled for 4 September 2016.

Ms. Reitz stated that, while she supports the scheduled event, she is opposed to the 16 hour long street closure and feels that a 6 to 8 hour closure would be ok.  Acceptable hours would be 8:00am to 3:00pm.  Ms. Reitz indicated that she feels the closure will negatively affect the businesses she represents.  She stated business hours are 11:00am through 9:00pm at Gerst Haus.  She feels that the Sunday after church lunch crowd will not be able to find adequate parking and as a result may choose not to eat at Gerst Haus.  She further indicated that the crowds at the event may decide to dine at the businesses later in the day which would cause excessive delays in customer service and leave a bad impression on patrons.

The members of the Safety Board ordered the matter to be tabled, for further review, to 10 August 2016 at 1:00 pm.  Evansville Police Department Sgt. Wittmer is to review the proposed closures.  Mr. McCarty is to return with an estimate of the number of participants registered for the event.  Board of Public Safety will accommodate a change of venue if it is necessary at the next meeting.

D.  Zac Conner, VP of Evansville Professional Fire Fighters Local 357, requests to address the board for approval of dates to collect for the Muscular Dystrophy Association.  Matter was tabled to today’s meeting from 22 June 2016 meeting.  Mr. Connor failed to appear.  Matter will be tabled until further advised by Mr. Connor that he will appear and provide dates/locations.

Departmental Reports:

  1. Police Department – Captain Stephanie Cox

Motion by Mike Lauderdale, 2nd by Michael Retter and so ordered to approve the following:

1.  Request approval by the Board to allow Lora Bennett, Finance Manager of the Evansville Police to authorize payments to vendors from the Escrow account at Old National Bank for the purchase of Police vehicles and equipment.   A report will be generated and forwarded to each member of the Board of Public Safety showing what items have been ordered and will update the report to show when payment is made by Old National Bank.  The board will receive this report until all items are paid through escrow.

Motion by Michael Retter, 2nd by Mike Lauderdale and so ordered to approve the following:

2.  Request approval to surplus 11 file cabinets from our Records Department.

Motion by Mike Lauderdale, 2nd by Michael Retter and so ordered to approve the following:

3.  Request the board’s approval for a one year extension for the lease covering EPD’s rental of the building at 917 W Indiana Street.  This is an extension of the existing lease with FH5 Properties.

  1. Fire Department  -  Chief Grimm

Motion by Michael Retter, 2nd by Mike Lauderdale and so ordered to approve the following:

1.  Request approval to accept $250 donation from Mead Johnson Nutritional.  To be used for Fire Safety materials in schools.

Motion by Mike Lauderdale, 2nd by Michael Retter and so ordered to approve the following:

2.  Request approval to trade the following vehicle, to be traded in on the new Mechanic Service truck.

2000 Dodge Van

VIN:  2B7JB21Y4YK178471

Mileage:  131564  (as of 7/1/2016)

EFD Vehicle ID:  0004

Motion by Michael Retter, 2nd by Mike Lauderdale and so ordered to approve the following:

3.  Request approval to accept $100 donation from Ms. Joan Hamilton.  To be used to supply batteries for pulse ox. machine & smoke detectors.

  1. Building Commission – June Maples

Motion by Michael Retter, 2nd by Mike Lauderdale and so ordered to approve the following:

1.  Request approval to close Main Street for demolition of 217 and 219 Main St., the two fire damaged buildings.  Date to be determined and Building Commission to notify BPS Secretary to ensure there are no previously scheduled events that may conflict, as well as to advise the appropriate agencies of the pending closure.

  1. Transportation & Services – Todd Robertson

Consent Section:

A.  Special Event Request

Motion by Mike Lauderdale, 2nd by Michael Retter and so ordered to approve the following:

  1. cMoe requests approval of Kids Comic Con (Science Show) on 23 July 2016 from 8:30 am through 10:30 am.  Closing Locust from 5th Street to 6th Street.  *** BARRICADES REQUESTED. ***

B.  Handicap Parking

Motion by Michael Retter, 2nd by Mike Lauderdale and so ordered to approve the following:

1.   636 Adams Avenue – Request approval of handicap parking designation.  Review of property revealed driveway is unusable and creates a valid reason to allow an exception to provide an on-street “Handicap” parking space.  This exception will only be valid for applicant and when she would vacate the residence, any new applicants may be denied.

C.  Road Closure

Motion by Mike Lauderdale, 2nd by Michael Retter and so ordered to approve the following:

1.   Germania Maennerchor requests approval to close the inside south bound lane of 916 N Fulton Avenue, in front of Germania Maennerchor, from August 4th at 3:00pm through August 6th at 12:00am.  This will help to ensure the safety of patrons entering and exiting the Volksfest. *** BARRICADES AND SIGNAGE REQUESTED ***

D.  Taxi Cab Driver License

Motion by Michael Retter, 2nd by Mike Lauderdale and so ordered to approve the following:

 

OTHER BUSINESS:

Motion by Michael Retter, 2nd by Mike Lauderdale and so ordered to approve the following:

  1. Approve claims.

Motion by Mike Lauderdale, 2nd by Michael Retter and so ordered to approve the following:

  1. Approve the minutes from Wednesday, June 22nd, 2016.

Announcements:

Motion by Mike Lauderdale, 2nd by Michael Retter and so ordered to approve the following:

Next Meeting, August 10th, 2016 at 1:00 p.m. (Not enough members for quorum on 27 July 2016)

Motion by Michael Retter, 2nd by Mike Lauderdale and so ordered to approve the following:

Adjourned:  _________1:48 p.m.___________

__________________________________________

JoAnne Smith, President

__________________________________________

Mike Retter, Vice President

__________________________________________

Mike Lauderdale, Member

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