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VANDERBURGH COUNTY FELONY CHARGES

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. 
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

 

 Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Friday, Sept. 18, 2015.

Daniel Anthony Decosta Intimidation, Level 5 felony

Battery with moderate bodily injury, Level 5 felony

Theft, Level 6 felony

Cristhian Alejandrao Reyes Dealing in marijuana, Level 6 felony

Possession of marijuana, Class A misdemeanor

Possession of paraphernalia, Class C misdemeanor

Michael Jay Swope Jr. Possession of methamphetamine, Level 6 felony

Dealing in a synthetic drug or synthetic drug lookalike substance, Level 6 felony

Intimidation, Level 6 felony

Darren Joseph Woodruff Invasion of privacy, Level 6 felony

John Ezra Wallace Theft, Level 6 felony

Colton Charles Claybrooks Unlawful possession of a syringe, Level 6 felony

Possession of paraphernalia, Class A misdemeanor

Kenneth Roy Dalton Possession of methamphetamine, Level 6 felony

Possession of marijuana, Class B misdemeanor

Possession of paraphernalia, Class C misdemeanor

Christopher Lee Fenwick Burglary, Level 4 felony

Intimidation, Level 5 felony

Theft, Class A misdemeanor

James Charleston Jr. Battery resulting in bodily injury to a pregnant woman, Level 5 felony

Two counts of domestic battery, Level 6 felony

Daily Off Topic Forum September 23, 2015

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COA tosses 40-year sentence and $400,000-plus restitution

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Marilyn Odendahl for www.theindianalawyer.com

A financial broker who bilked clients out of $8.9 million in an investment scam had his state sentence and order to pay restitution overturned by the Indiana Court of Appeals.

Jerry Smith pleaded guilty to three federal charges in June 2012 in U.S. District Court for the Southern District of Ohio. He and his business partner, Jasen Snelling, presented themselves to victims as day traders who garnered unusually high returns on investments. However, the pair was actually running a ponzi scheme.

Smith was also charged in Franklin County. The county prosecutor’s office alleged he engaged in unlawful acts related to the offer or sale of security and he failed to register as a broker-dealer with the state of Indiana.

After the Franklin Circuit Court denied his motion to dismiss the state charges, Smith appealed.

The Court of Appeal provided some relief, holding the trial court erred in failing to dismiss the counts alleging that Smith violated state law by selling securities that had not been registered. However, the appellate court ruled Smith could face prosecution for multiple counts for engaging in business as a broker-dealer without having registered.

Consequently, Smith pleaded guilty to those charges. At sentencing, the trial court imposed the maximum sentence of 40 years with 20 years suspended to probation. It also ordered Smith to pay $410,189.16 in restitution to the Indiana victims.

Again, Smith appealed.

The Court of Appeals reversed the award of restitution and the sentence in Jerry A. Smith v. State of Indiana, 24A01-1501-CR-1.

In overturning the restitution award, the court chastised the state. The appellate panel asserted the state failed to analyze its earlier opinion that “clearly held” Smith could face prosecution on state charges of failing to register as a broker-dealer.

In addition, the federal charges were the result of Smith’s conduct which led to the victim’s losses. The state did not show that Smith’s failure to register as a broker-dealer caused the Indiana victims to suffer the financial loss.

“…this is not an instance in which there simply was a failure of proof regarding the amount of restitution, in which case we might remand for the State to have another opportunity to submit proof…,” Judge Michael Barnes wrote for the court. “Rather, there is no legally tenable basis for awarding restitution in this case, and we will not remand for another hearing.”

Finally, the Court of Appeals concluded that Smith committed one single act of criminal conduct by failing to register as a broker-dealer. The gravamen of the offense is not the number of times Smith transacted business but rather it was his failure to register. As such, this constitutes a single episode of criminal conduct.

The Court remanded for the trial court to craft a sentence complying with the court’s calculation that the total term Smith may receive is 10 years.

Indiana State Police Partners again with the DEA for the 10th Drug Take Back Day

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. 
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671

Evansville – This Saturday, September 26, the Drug Enforcement Administration (DEA) is sponsoring the 10th nationwide “Prescription Drug Take Back” initiative.  The “Take Back” initiative seeks to prevent prescription drug abuse and theft through proper disposal of prescription drugs.

 

Collection sites will be set up nationwide for expired, unused, and unwanted prescription drugs which will be properly disposed of without threat to the environment.  This program is for liquid and pill medications.  Needles, new or used, will not be accepted for disposal.  This service is free and anonymous with no questions asked.
Once again, the Indiana State Police are pleased to partner with the DEA.  Prescription drugs may be dropped off at the local Evansville or Jasper State Police Post this Saturday, September 26, between the hours of 10:00 a.m. and 2:00 p.m.

To find other locations in Indiana or across the U.S. that are participating in the Drug Take Back initiative, use this link to the DEA.

 

The Drug Take Back events are the safe, popular and responsible way for the public to legally and dispose of prescription drugs with no questions asked.

 

USI travels west to play Rockhurst and William Jewell

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The University of Southern Indiana women’s soccer team travels west this week to visit Rockhurst University Friday and William Jewell College Sunday. The Screaming Eagles kick off Friday at 5 p.m. versus Rockhurst, while the start time Sunday is noon at William Jewell.

Coverage, including live stats and video, of USI’s GLVC road matches can be found at GoUSIEagles.com.

Week 4 Eagle Notes:

Eagles finish homestand 1-2-0. The Eagles split their GLVC matches last weekend and finished their first homestand of the year, 1-2-0. USI picked up its first home win of 2015 with a 2-0 victory over Missouri University of Science & Technology before finishing the homestand with a 2-1 loss to Drury University. USI junior defender Kelsey Smith (Evansville, Indiana), freshman forward Kennedy Moore (Evansville, Indiana) and freshman midfielder/defender Carissa Dyer (Crescent Springs, Kentucky) each had a goal over the weekend to lead the Eagles offensively.

Scoring Leaders: Freshman forward Ryley Hancock (Evansville, Indiana) and junior defender Kelsey Smith lead the Eagles in scoring with six points each. Smith has a team-high three goals for her six points, while Hancock has two goals and is tied for the team-lead with two assists. Freshman midfielder/defender Carissa Dyer is third with five points on two goals and one assist.

Between the posts. Freshman goalkeeper Emily Hopkins (Greenfield, Indiana) has been in goal for all six of USI’s contests, posting a 3-2-1 record. Hopkins has a 1.26 goals against average after allowing eight goals and making 28 saves in 572 minutes of action.

Engelbrecht in her 13th year. USI Head Coach Kristy Engelbrecht has a 92-111-18 overall record at USI, but is 55-48-6 in her last six-plus seasons.

USI and Rockhurst. The Eagles trail in the all-time series with Rockhurst, 9-1-1, after dropping a 3-1 decision to the Hawks last fall. The Hawks also have won all nine meetings with the Eagles in Kansas City since the start of the series in 2005.

Rockhurst in 2015. The Hawks, who had their match last Friday with the University of Illinois Springfield postponed due to weather, have a 1-2-3 overall mark, 1-2-0 in the GLVC. Rockhurst started the year with three-straight double-overtime ties before going 1-2-0 in its last three contests.  The GLVC coaches picked Rockhurst to finish second in this year’s preseason poll.

USI and Williams Jewell. USI and William Jewell are tied in the all-time series, 2-2-0, after the Eagles took last year’s match, 3-2, in double overtime at Strassweg Field. The Eagles posted their wins in each of the last two seasons.

William Jewell in 2015. The Cardinals are 2-2-2 overall, 1-2-1 in the GLVC, through the first three weeks of the 2015 campaign. William Jewell opened the 2015 campaign with a 2-0-2 mark before losing its last two matches, falling to McKendree University, 4-2, and the University of Illinois Springfield, 1-0. The GLVC coaches picked Rockhurst to finish second in this year’s preseason poll. The GLVC coaches predicted William Jewell would tie for 11th in this year’s preseason poll.

Riecken Responds to City Vendors not being paid

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In response to Brandon Bartlett’s report from 9/21, “Evansville Mayor, political attack could affect hundreds of vendors, risk some city service” and John Martin’s article on 9/22, “City officials: Bills not being paid because of transfer delay.”

There is a crisis going on in Evansville and it is manifesting with the Mayor asking the City Council to transfer funds from the Rainy Day fund and Riverboat fund to make sure the city can pay its bills. For the past three and half years the mayor has played loose with the city’s purse strings running down the city’s reserve funds and putting the city half a billion dollars into debt. He says that the City Council is to blame because they pass the budget. The simple fact is that regardless of what the budget is the Mayor’s job to control spending so the city doesn’t spend more than it takes in. Next, he says the city does not have enough revenue and that he can’t increase revenue because he has to work with property tax caps. I helped pass that law in Indianapolis in 2010 on the second resolution for this exact reason, to keep mayors who can’t control spending under control. The Mayor is starting to sound more and more like a tax and spend republican than the fiscal conservative he would like to be.

Evansville needs a mayor that will fix our financial problems; who will produce a spending plan and then monitor revenue so we can stick to it, paying down our debt and rebuilding city reserves. The Rainy Day fund is for emergencies and the Riverboat money is for capital improvements like helping the fire department replace its aging trucks or fixing a deteriorated roof on the Victory Theater or replacing a worn out tram at the zoo. It’s all about priorities and fixing our city’s finances. This would be my top priority as mayor.

Gail Riecken is running for Mayor of Evansville and is a former Evansville City Council-woman, Evansville Parks Director, and a current member of the Indiana State House of Representatives. She is a lifelong Evansville resident, has been married for 47 years, and has 2 children and 3 grandchildren.

AG Zoeller: Drop off unused Rx drugs as part of statewide take-back

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Saturday is DEA-sponsored Nat’l Prescription Drug Take Back Day

INDIANAPOLIS – Indiana Attorney General Greg Zoeller is asking all Hoosiers to clean out their medicine cabinets this week and dispose of unused, unwanted or expired prescription medications.

Prescription drug take-back locations will be available across the state this Saturday as part of National Prescription Drug Take-Back Day, sponsored by the Drug Enforcement Administration (DEA).

On Saturday, Sept. 26, Hoosiers can drop off prescription drugs from 10 a.m. to 2 p.m. at designated locations statewide, including hospitals, police stations, pharmacies and more. Some communities will be hosting take-back sites on Friday to provide additional disposal opportunities. To find a location in your community, click here.

“Our goal is to change the habit of keeping old prescription drugs around the house any longer than they are actually needed,” Zoeller said. “Treating these drugs casually furthers the false impression that prescription medications are safe and contributes to the high rates of prescription drug abuse and addiction. Doing your part to ensure you’re not facilitating any potential abuse and sending a message to your children that these drugs are dangerous can make a real difference.”

According to the Centers for Disease Control and Prevention (CDC), drug overdoses now surpass car accidents as the leading cause of injury-related death nationwide and in Indiana. More than half of the overdose deaths in Indiana are caused by prescription drugs or heroin.

Zoeller is founder and co-chair of the Indiana Prescription Drug Abuse Prevention Task Force, which was established in 2012 to address this growing epidemic in the Hoosier State. One of the Task Force’s goals is to promote safe medication disposal across the state, and Task Force members have worked with law enforcement and pharmacies on an ongoing basis to establish drug take-backs in local communities. To date, all but four of the 92 Indiana counties have permanent prescription drug take-back sites.

“In a recent study, the CDC reported people who are addicted to prescription opioid painkillers are 40 times more likely to be addicted to heroin. The prescription take-back day is an opportunity for people to help reduce the threat,” said DEA Assistant Special Agent in Charge Greg Westfall. “To prevent potential theft or misuse, take the time to clean out your medicine cabinet of unwanted or unused prescription drugs and dispose of them properly.”

As part of National Prescription Drug Take-Back Day, the Indiana Prescription Drug Abuse Prevention Task Force is partnering with the Indiana State Police to host a drop-off site in downtown Indianapolis on Friday, Sept. 25, at Indiana Government Center North, 100 N. Senate Ave. Prescription medications will be collected from 11 a.m. to 1 p.m. More information is available here. 

The first 60 people to drop off medications will receive a Colts 2014 season highlights DVD, courtesy of the Indiana Prescription Drug Abuse Prevention Task Force. The Task Force and the Colts have teamed up to increase public awareness of prescription drug abuse during the 2015-2016 Colts season. More information on the partnership is available here.

To locate other take-back sites across the state, click here or call the DEA at 1.800.882.9539.

For a list of permanent prescription drug take-back locations, visit www.BitterPill.in.gov and click “Medication Disposal.”

For more information on the Indiana Attorney General’s Prescription Drug Abuse Prevention Task Force and resources for the public on preventing Rx abuse, visit www.BitterPill.IN.gov.

Eagles set to host Quincy, Truman State

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The University of Southern Indiana volleyball team returns to the Physical Activities Center to host Quincy University Friday at 7 p.m. and Truman State University Saturday at 3 p.m. in a pair of Great Lakes Valley Conference matches.

 

Both contests will be broadcast on the GLVC Sports Network, which can be accessed along with live stats at gousieagles.com.

 

USI (8-2, 1-1 GLVC) opened GLVC play last week with a split on the road, falling in three sets to No. 13 Rockhurst University on Friday before sweeping William Jewell College the following day.

 

Senior right side hitter Erica Oberbroeckling (Westfield, Indiana) played a big role in USI’s win over William Jewell as she slammed down 15 kills and a .464 attacking percentage.

 

For the season, Oberbroeckling is tied with sophomore outside hitter Shelbi Morris (Brazil, Indiana) for second on the team with 3.03 kills per set. Senior middle blocker Abbey Winter (Germantown, Illinois) continues to lead the team with 3.09 kills and 1.59 blocks per set. She also has a team-best .397 attacking percentage.

 

Quincy (5-6, 1-1 GLVC) is coming off a three-set home loss to McKendree University this past Saturday after edging the University of Illinois Springfield in five sets in its GLVC-opener the night before. The Hawks shocked USI a year ago, taking a four-set decision at the PAC.

 

Truman State (6-4, 1-1 GLVC), which visits Bellarmine University Friday night in Louisville, Kentucky, swept Illinois Springfield Saturday after falling to McKendree in four sets the night before in Kirksville, Missouri.

 

The Bulldogs, who are the defending GLVC West Division champions, defeated the Eagles in three sets at the PAC during the 2014 regular season before ending USI’s year with a three-set triumph in the opening round of the GLVC Tournament.

 

The first 100 students attending Friday’s match will get a free Archie’s Army t-shirt, while USI students with a valid student ID can get a free combo meal (includes a hot dog, chips, and a bottled drink) from the concession stand.

 

Additionally, USI students can enter a raffle to win a $500 Campus Store shopping spree each time they come to a USI volleyball match. The drawing is October 23 when the Eagles host Indianapolis in their “Dig for the Cure” match.

 

All fans can participate in the Premiere Tan serving contest between sets two and three.

 

Adopt a Pet

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Spades is a 3-month-old female! She is playful and gets along w/ other kitties. Her $50 fee includes her spay, microchip, vaccines, & more! Visit www.vhslifesaver.org or call (812) 426-2563!

Board of School Trustees of the Evansville Vanderburgh School Corporation will have Executive Meeting

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The Board of School Trustees of the Evansville Vanderburgh School Corporation will meet in executive session at 2:00 p.m. on Thursday, September 24, 2015, in the John H. Schroeder Conference Centre at the EVSC Administration Building, 951 Walnut, IN 47713, Evansville, IN. The session will be conducted according to Senate Enrolled Act 313, Section 1, I.C. 5-14-1.5-6.1, as amended. The purpose of the meeting is for discussion of collective bargaining, (2)(A); initiation of litigation or litigation that is either pending or has been threatened specifically in writing, (2)(B); purchase or lease of property, (2)(D); and job performance evaluation of individual employees, (9).

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