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Jennifer Nelson for www.theindianalawyer.com
The admission of testimony regarding a murder victim’s recount of his previous altercation with the man convicted in his murder were properly allowed as hearsay statements under Indiana Evidence Rule 804(b)(3), the Indiana Supreme Court ruled Thursday.
The justices granted transfer to Leandrew Beasley v. State of Indiana, 49S02-1601-CR-20, and James Beasley v. State of Indiana,
49S04-1601-CR-19, who were jointly tried and convicted in the murder of James Allen and attempted murder of Gerald Beamon in Indianapolis in 2012.
The Beasleys appealed their convictions, arguing the trial court abused its discretion in allowing Beamon to testify – over their repeated hearsay objections – as to what Allen had told him about an altercation the day before involving Allen and Leandrew Beasley. The day before the fatal shooting, Leandrew Beasley and Allen got into a fight in a garage and Beasley pulled a gun. Allen attempted to grab it and Beasley was shot in the face. James Beasley was at the scene, according to Beamon. He was told this story by Allen the next day, who showed Beamon pictures of the Beasley brothers.
Shortly thereafter, Allen and Beamon were shot while moving items into an apartment. Beamon identified the shooters as the Beasley brothers.
The Court of Appeals held the admission of Beamon’s testimony regarding what Allen told him about the garage shooting was erroneous, but harmless. The justices took the companion cases based on this issue.
“In both (Jervis v. State, 679 N.E.2d 875, 878-80 (Ind. 1997)) and (Camm v. State, 908 N.E.2d 215, 220 (Ind. 2009)), the declarants’ statements sought to be admitted (one referencing dumping off a woman and the other having bodies on one’s conscience) were vague and subject to interpretation. Here, we have no such ambiguity: Allen gave Beamon a precise account of his altercation with Beasley, and stated in no uncertain terms that he shot Beasley in the face,†Justice Mark Massa wrote in Leandrew Beasley v. State of Indiana.
“Even if Allen believed the shooting was justified as a matter of self-defense, it does not necessarily follow that Allen believed there was no possibility of future civil or criminal liability for the act. Beasley opposes this position by likening Allen’s statements to telling someone you ‘drove home drunk last night,’ in support of his assertion that “trivial ‘confessions’ of criminal conduct†should not be rendered admissible hearsay under Rule 804(B)(3).
“We cannot agree that the act of shooting a fellow human being in the face qualifies as ‘trivial.’ Rather, we find the trial court could have reasonably determined that admitting to such a violent act would have ‘so great a tendency … to expose the declarant to civil or criminal liability’ that it was admissible hearsay under Rule 804(b)(3).â€
The Supreme Court summarily affirmed the Court of Appeals decision in all other respects.
Second-Half Struggles Earn Eagles Third Straight Loss
EVANSVILLE, Ind.—University of Southern Indiana Women’s Basketball made just six second-half field goals as it suffered a 60-42 Great Lakes Valley Conference setback to visiting Truman State University Saturday afternoon at the Physical Activities Center.
USI (10-4, 3-3 GLVC) shot just 26.1 percent (6-23) from the field in the second half as Truman State turned a 32-28 halftime lead into the 18-point victory.
After falling behind by five midway through the second quarter, the Screaming Eagles strung together a 6-0 run to take a brief 26-25 advantage.
Truman State (11-6, 5-2 GLVC), however, outscored the Eagles, 7-2, throughout the final two minutes of the opening half as it went into the intermission with the four-point lead.
The Bulldogs carried that momentum into the third period, where they outscored USI, 17-7, to forge a 14-point lead heading into the final quarter. Truman State made just five shots in the third quarter, but four of those baskets were of the three-point variety.
USI struggled to get into any type of rhythm in the third period was it had just 15 possession in the quarter. The Eagles went 3-of-7 from the field, 1-of-4 from the free throw line, and had six turnovers in the third frame.
A three-pointer and a layup by sophomore guard/forward Kaydie Grooms (Marshall, Illinois) early in the fourth quarter briefly pumped some energy into the Eagles, but USI went just 1-of-8 from the field and had four turnovers throughout the final seven minutes of the game as it suffered its third consecutive loss.
Junior forward Hannah Wascher (Rantoul, Illinois) had a game-high 13 points and 12 rebounds to lead the Eagles, while junior guard Tanner Marcum (New Albany, Indiana) finished with 12 points and three steals. Grooms had seven points, all of which came in the fourth quarter, while sophomore guard Randa Harshbarger (Philo, Illinois) had six points and three assists.
Truman State held a decisive advantage in points off the bench as the Bulldogs’ reserves outscored USI’s reserves 22-0. Truman State also went 9-of-20 from three-point range and held a 40-32 rebounding advantage.
Senior center Michalina Tomczak paced the Bulldogs with 10 points and seven rebounds.
USI returns to action Monday at 4:45 p.m. (CST) when it visits No. 17 Bellarmine University in Louisville, Kentucky. The Knights (11-1, 5-1 GLVC) suffered an 82-75 setback to No. 19 Quincy University Saturday in Louisville.
Aces travel to Saint Louis on Saturday
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EVANSVILLE, Ind. – On Saturday, the University of Evansville swimming and diving teams will open the spring season with a trip west to face Saint Louis in a 2 p.m. meet.
It will be a 16-event format with the swimmer’s doing 50 and 100-meter races in each stroke. It also includes a 200 IM and 200 relays. For Bridget Sheridan, Skyler Shinn and Brendan Ninneman, it will mark a homecoming as each are from the St. Louis area.
Since their last outing, the team had a training trip over the break. Charlotte Lechner had a good trip for the women while Everett Plocek swam well for the guys.
The last action for Evansville came in late November at the House of Champions in Indianapolis. In the final day of that event, Courtney Coverdale won the 1-meter dive.
Coverdale’s score of 260.05 put her on top in the 1-meter event. Her score was over 12 points better than the competition.  In women’s races, Maja Magnusson, Charlotte Lechner, Mackenzie Harris and Michaela Kent finished the 400 free relay in 3:35.73 to take 8th in the race. Magnusson had a strong finish in the 1650 free. She finished the event in 17:45.19 to take 6th.
In the 200 backstroke, Taylor Davidson had a strong race as her 2:06.91 placed her in 11th. Kasey Rein was the top finisher in the 200 fly. Her 2:13.72 put her in 12th. In the 200 breaststroke, Amy Smith registered a 12th place finish of her own, swimming a 2:29.34.
The men picked up a 4th place finish in the 400 free relay. Dan O’Brien, Ethan O’Rourke, Everett Plocek and Matt Childress posted a 3:06.61 to record the high finish. On his own, O’Rourke had a great showing in the 200 backstroke as his 1:52.31 was good for 5th place.
Troy Burger came home seventh in the 200 breaststroke, recording a time of 2:07.35. Jared Sutphin notched a 16:48.31 to take 11th in the 1650 free.
Evansville, IN – Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Thursday, Jan. 14, 2016.
Charles Wesley Chaplin Intimidation, Level 5 felony
Jared Carl Crews Theft, Level 6 felony
IS IT TRUE we recently posted we are hearing that a couple past and present city officials are getting “lawyered up” because of a pending Federal investigation? …we hear that the taxpayers are footing the legal bills? Â …we are now heading that representative of the Winnecke Administration are denying this claim? Â …we would like for someone to ask DMD Director Kelly Couces or the Mayors Chief of Staff if this statement is completely wrong at the next City Council meeting?
IS IT  TRUE that THE DEVELOPMENT COALITION OF SOUTHWEST INDIANA announced last week that they are asking for your input regarding facilities (former fueling stations, schools, manufacturing facilities, warehouses, or commercial facilities) that might be considered Brownfield properties?  …they define  Brownfield property as property that is under-utilized (often sitting vacant for an extended period of time) due to the real or perceived suspicion that there may be some kind of contamination on the property or within the structure?  …we wonder why the City of Evansville feels that Evansville Brownfield Corp. only mission is to deal with blighted homes and not former fueling stations, schools, manufacturing facilities, warehouses, or commercial facilities that are contaminated?
IS IT TRUE that Evansville Brownfield Corp shall be meeting on January 29 2016 somewhere in Evansville? …we are told DMD Director Kelley Coures is keeping information concerning the time and place of the 29th Brownfield meeting secret? Â …we hear that Mr. Couces will be ask at the next City Council meeting what time and where will the Evansville Brownfield Corp. meet?
..we hear that the DMD Director Kelly Couces is going to try to convince City Council members that Evansville Brownfield Corp is a separate entity from them and should be allowed to conduct their meetings in private? Â we can’t wait for him to explain where the money comes from to operate Evansville Brownfield Corp.?
IS IT TRUE that last week the City County Observer posted that IceMen have territorial rights for professional hockey in this region?  …because of that Evansville would have to seek another hockey franchise other than the ECHL for next season which is an impossible task?
IS IT TRUE we are pleased to see Mayor Winnecke finally taking direct control of the contract talks between the City and the IceMen? Â …it was obvious when he allowed the President of the ERC to represent his views on this subject contracts talks went nowhere? Â …we respectfully suggest that the Mayor and Ron Geary sit down like to reasonable an intelligent adults and end this contractual stalemate and extend the team’s lease beyond the current season?
IS IT TRUE that the ACLU 2016 legislative session shall be addressing things that they feel politicians are wasting our precious time and resources on frivolous attacks on our civil liberties?  …some of the things the ACLU will be taking action on in 2016 are: LGBT rights,  Reproductive Freedom and Criminal Justice Reform?
IS IT TRUE that the best keep secret in Indianapolis the City Market Catacombs tours?  … on the 1st and 3rd Saturdays of each month, May through October, and October 31 ttours begin at 11 a.m., 11:30 a.m., 12 p.m., 12:30 p.m., and 1 p.?  …the guided tour of the Catacombs shows you a Roman-looking expanse of brick arches beneath the outdoor Whistler Plaza of City Market.  …the Catacombs qualify as both a ruin and a redevelopment opportunity?  …City Market Catacombs tours last approximately 45 minutes and depart from the west plaza of City Market, 222 E. Market Street, Indianapolis.  …cost: $12 per adult (12 and up); $6 per child (ages 6-12); $10 per member of Indiana Landmarks; $5 per child who are members Indiana Landmarks; Free for children ages 5 and under?
IS IT TRUE that our current “Readers Poll” ask; Should Evansville Brownfield Corp meetings be held in public?
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NORMAL, Ill. – Senior Egidijus Mockevicius became the University of Evansville’s second-leading rebounder in program history as the Purple Aces earned a 66-55 win at Redbird Arena on Friday evening in front of a national audience on ESPN2.
Mockevicius posted 20 rebounds for the third time this season to lead everyone. He also had 13 points. D.J. Balentine was the top scorer in the game with 25 points. He was a perfect 10-10 from the free throw line. Adam Wing (11) and Jaylon Brown (10) also recorded double figures.
Shooting 59.1% in the first half, the Purple Aces (16-3, 5-1 MVC) took a 35-29 lead into the locker room at the break. Balentine finished the half with 15 points and score nine of UE’s first 11 points, leading to an 11-11 score.
Just over six minutes into the game, Adam Wing hit a jumper to give UE its first lead of the game at 13-11. A 7-0 run was capped off by another Balentine bucket. The Redbirds (9-10, 3-3 MVC) fought back and took their largest lead to that point at 23-19 at the 7-minute mark.
A game of runs saw the Aces battle back. With ISU leading 27-26, Evansville scored nine points in a row, including a triple by Wing and a powerful dunk by Jaylon Brown. That gave the Aces a 35-27 lead in the final two minutes. A Nick Banyard bucket capped off the first-half scoring as UE lead 35-29 at halftime.
Mockevicius scored on the opening possession of the second half giving UE a 37-29 lead, its largest of the game. After the Redbirds cut the gap to four, Blake Simmons had a great sequence to pad the Aces lead. After forcing a miss on defense, Simmons drained a triple on the ensuing possession. On the next defensive play, he forced a steal as UE pushed its lead back up to 7.
Later, the Aces would push their lead to 11 at 46-35. Seven minutes into the latter period, a Brown layup gave UE the first double figure lead either team would enjoy. Illinois State kept fighting as a 5-0 run cut the gap to just six as Deontae Hawkins hit his first trey of the night. Mockevicius ended the run with a free throw at the midway point of the second half.
After ISU got within four, Mislav Brzoja knocked down his first shot of the game, hitting a 3-pointer to reestablish the 7-point advantage. The UE defense picked it up from there as a 1-for-10 stretch by the Redbirds helped UE go back up by 11 at 58-47 in the final minutes. Evansville’s advantage reached 13 at 60-47 as Brzoja found Mockevicius open underneath the basket with under two minutes left. The Aces hung on from there for the win.
Evansville shot 50% for the game while holding ISU to 30.7%. DeVaughn Akoon-Purcell and Paris Lee were the top scorers for Illinois State with 12 points apiece.
It will be another late start for the Aces on Tuesday as they welcome Loyola to the Ford Center for an 8 p.m. contest. CBS Sports Network will carry the game.
-       INFO: For all of the latest information on University of Evansville men’s basketball, log on to the sport page on GoPurpleAces.com or follow the program on Twitter via @UEAthletics_MBB.
-Â Â Â Â Â Â Â DONATE: For information on giving to UE Athletics or its individual athletics programs, visit the DONATE tab on the top of GoPurpleAces.com.
-Â Â Â Â Â Â Â TICKETS: To purchase tickets for University of Evansville athletics events, log on to GoPurpleAces.com and click on the TICKETS tab on top of the page.
SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
The Vanderburgh County Sheriff’s Office on Thursday released a list of arrest warrants issued since Jan. 6. Visit courierpress.com/databases to submit a tip or search about 13,000 outstanding warrants from Vanderburgh and Warrick counties. This list contains the name on the warrant, age and bond.
Battery
Clark, Cody, 28; $2,500
Phillips, Christopher, 21; $500
Boyd, Donald, 27; $5,000
Alverson, John, 27; $1,000
Burglary
Suggs-Hicks, Chauncey, 30; $2,000
Porter, Daniel, 31; $2,500
Williams, Lashay, 19; $1,500
Failure to appear
Austin, Anthony, 46; $0
Barenfanger, Joanna, 32; $0
Crawford, Jeremy, 31; $0
Crivac, Rodney, 52; $0
Momon, Curtis, 21; $0
Thoroughgood, James, 33; $0
Whitson, Tyler, 25; $1,500
Wright, Joshua, 28; $0
Alley, Paul, 19; $250
Alnemer, Hashem, 21; $250
Ande, Anna, 30; $250
Bailey, James, 50; $250
Barker, Michael, 30; $250, $250
Beamon, Nicholas, 26; $250
Blevins, Phoenix, 18; $250
Border, Mark, 52; $250
Boren, William, 44; $250
Bray, Douglas, 46; $250
Brock, Pepperdee, 35; $250
Browning, Terry, 39; $250
Bruce, Jade, 45; $250
Bryson, Jazmine, 22; $250
Caine, Kelly, 31; $500
Carr, Jake, 25; $250, $250
Case, Robert, 25; $250
Clegg, Carey, 45; $250
Cooper, Carl, 34; $250
Curl, Matthew, 27; $250
Dawson, Margaret, 32; $250
Dimmett, Alicia, 32; $250
Dixon, Michael, 52; $250
Easterling, Justin, 23; $250
Evans, Danielle, 28; $250
Ferguson, Mitchell, 44; $250
Ferrari, Amanda, 30; $250
Fielhauer, Ronda, 34; $250
Fikes, Lemel, 25; $250
Fisher, Melissa, 24; $250
Franklin, Tracy, 48; $250
Graves, Shane, 31; $250
Gray, Andrew, 25; $250
Hale, Edward, 38; $250
Harris, William, 34; $250
Harvey, Stacey, 44; $250
Harwell, Robert, 54; $250
Hayhurst, Jennifer, 40; $250
Hesson, Mildred, 36; $250
Irwin, Joshua, 24; $250
Johnson, Dedrick, 23; $250
Johnson, Dejuan, 24; $250
Johnson, Ronald, 51; $250
Kelly, Aldrica, 22; $250, $250
Key, Taylor, 22; $250
Loesch, Ronald, 30; $250, $250
Matthews, Bryan, 50; $250
May, Lennie, 22; $250, $250
Moore, Andrew, 29; $250
Moore, Teneeshia, 38; $250
Neal, Charles, 32; $250
Odle, Alex, 26; $250
Parson, Andre, 34; $250
Petry, Raymond, 27; $250
Roach, Donnie, 34; $250
Robb, Emilee, 34; $250
Russ, Keri, 44; $250
Schnarre, Alexander, 20; $500, $500
Scott, William, 27; $250, $250, $250
Shelton, Douglas, 32; $250
Smith, James, 31; $250, $250
Sweeney, Holly, 36; $250, $250
Thomas, Otis, 41; $250, $250
Thomas, Teliah, 24; $250
Thompson, Johnny, 54; $250
Timisen, Tibon, 27; $500
Tipton, Brian, 34; $250, $50
Torres, Pitara, 26; $250
Welman, Blanche, 41; $500
Whitson, Blake, 26; $250
Wilborn, Shelley, 44; $250, $250, $250, $250
Williams, Bresha, 24; $250, $250
Williams, Joshua, 25; $250
Wilson, Timothy, 41; $250
Wise, Casey, 29; $250
Wood, Kyle, 35; $250
Woods, Matthew, 19; $250, $250, $250, $250
Young, Zachary, 20; $100, $100
Fraud
Kennady, Mark, 37; $2,000
Paul, Rachel, 37; $500
Statts, Tia, 28; $1,500
Bland, Timmy, 24; $2,500
Matthews, Bryan, 27; $2,500
Mcelwain, Randall, 45; $1,500
Identity deception
Mcbride, Anthony, 41; $1,500
Intimidation
Bednar, Gary, 27; $3,000
Narcotics
Maurer, Kyle, 29; $1,500
Owens, Damon, 21; $1,000
Nonsupport of dependent child-$15,000 or more
Bulla, Travis, 35; $2,500
Petition to revoke probation
Ceja, Olivia, 33; $0
Crawford, Jeremy, 31; $0
Forston, Gary, 35; $0
Fulkerson, Tommy, 23; $0
Fuller, Donna, 41; $0
Huckleberry, Erron, 35; $0
Jenkins, Kolby, 28; $0
Martin, Brooke, 31; $0
Martin, Brooke, 31; $0
Norton, Chasity, 29; $0
Reed, Jennifer, 37; $0
Reed, Jennifer, 37; $0
Seibert, Brian, 31; $0
Van Horn, Kaylee, 19; $0
Wilson, Fernando, 27; $0
Winstead, Kelli, 33; $0
Robbery
Henderson, Robert, 25; $25,000
Theft
Claspell, Benjamin, 28; $750
Crivac, Rodney, 52; $1,000
Green, Aunjuanete, 36; $1,000
Wright, Demario, 27; $1,500
Writ of attachment
Baker, Elaine, 35; $500
Barton, William, 33; $500
Beck, Brandon, 28; $500
Blackman, Vera, 55; $500
Boyd, Todd, 36; $500
Brandt, David, 50; $500
Bruner, Lisa, 38; $500
Camacho, Esperanza, 19; $300
Cave, Andrew, 45; $500
Chinn, Michael, 58; $500
Clardy, Melissa, 48; $500
Fenwick, Andrea, 32; $500
Flax, Teresa, 33; $300
Floyd, Angelica, 27; $500
Gibson, Thomas, 39; $400
Gordon, David, 43; $500
Grayson, Jason, 35; $500
Hall, Kimberly, 36; $500
Harris, Kevin, 27; $500
Hatfield, Valerie, 43; $300
Hawkins, Haven, 41; $500
Hawkins, Rebecca, 43; $500
Hicks, James, 32; $250, $250
Hinton, Angela, 41; $400
Holland, Steven, 63; $500
Hooper, Aishia, 29; $500
Knarian, Jerry, 50; $500
Mabern, Cheryl, 40; $500
Mattingly, Cheryl, 42; $400
Rickard, Eric, 36; $500
Roach, Candace, 26; $500
Rogers, Timothy, 44; $500
Schwambach, Abraham, 28; $500
Shelby, Marcus, 32; $500
Shell, Christopher, 29; $500
Slaton, Amanda, 25; $500
Smith, Jason, 31; $250
Sullivan, Charles, 27; $500, $500
Towne, Mark, 62; $500
Voorhees, Zoe, 37; $500
Willis, David, 33; $500
Willis, Stacey, 33; $500
Zia, Michelle, 32; $500
