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COA affirms convictions state conceded as double jeopardy

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Dave Stafford for www.theindianalawyer.com

State attorneys who agreed with a defendant’s argument that his felony drunken-driving and misdemeanor reckless driving convictions violated double-jeopardy protections were wrong, the Indiana Court of Appeals ruled Friday, affirming both convictions.

Brooks Berg argued his convictions were based on the same evidence that was presented to the jury and thus a violation of his rights under the actual evidence test under Richardson v. State, 717 N.E.2d 32 (Ind. 1999). The state conceded this issue.

“We reject Berg’s argument and the State’s concession, and we hold that the trial court did not violate Berg’s rights under the Richardson actual evidence test,” Judge Edward Najam wrote in Brooks Berg v. State of Indiana, 32A01-1504-CR-127.

Berg was arrested in June 2014 in Plainfield after police tried to stop him for speeding. He led officers on a chase at speeds up to 130 mph, according to the record. The pursuit ended when Berg lost control of the vehicle, which careened into a ditch, hit a tree, flipped and came to a stop on its roof.

A jury convicted Berg on all counts: Class D felony counts of operating a vehicle while intoxicated and resisting law enforcement and Class B misdemeanor reckless driving; and adjudication as a habitual substance offender. He was sentenced to eight years in the Department of Correction.

In affirming Berg’s convictions, Najam wrote, “Both Berg’s argument on appeal and the State’s concession are premised on a misunderstanding of Richardson. The Richardson test cannot be met where, as here, one offense required evidence of intoxication and the other offense did not. … (A)t least part of the evidentiary basis for the State’s charge that Berg had operated a vehicle while intoxicated was wholly independent of the evidentiary basis underlying its charge that Berg had committed an act of reckless driving.

“In other words, the evidentiary footprint underlying both of Berg’s offenses was not the same,” the panel held. “Berg’s reckless-driving conviction was based on the speed with which he drove his vehicle.”

Law Enforcement Explorer Post Open House

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Sheriff Dave Wedding announced plans for the Vanderburgh County Sheriff’s Office to host a Law Enforcement Explorer Post 82 Open House and Recruitment Night. The event is scheduled for Wednesday, November 4, 2015 at 6 p.m. and will take place at the Southern Indiana Career and Technical Center located at 1901 Lynch Road. The program is open to young men and women ages 16-20 as well as their families.

Law Enforcement Exploring provides educational training programs for young adults on the purposes, mission and objectives of law enforcement. The program provides career orientation experiences, leadership opportunities and community service activities.

Sheriff Dave Wedding explained, “Law Enforcement Exploring is a great way for students to develop leadership skills and improve self-confidence.” Sheriff Wedding added, “Through fun and exciting “hands-on” career related activities and community service opportunities, students will gain valuable experience that will help prepare them for a career in law enforcement.”

The primary goals of the program are to help young adults choose a career path within law enforcement and to challenge them to become responsible citizens of their communities and the nation. During the open house, potential post members will have the opportunity to observe just a sample of what they will see and experience throughout their experience with the law enforcement explorer post program. They will also have an opportunity to meet and speak with existing Explorers of Post 82.

The Vanderburgh County Sheriff’s Office Explorer Post 82 is open to young men and women ages 16 through 20 years old that are enrolled in High School or College with an interest in learning more about careers in the field of law enforcement.

The Vanderburgh County Sheriff’s Office Explorer Post 82 is entering its fourth year. Last year, over 20 youth from local high schools and universities participated in the Explorer Post. During the year, Explorers participated in classroom and hands-on-training with full time law enforcement and emergency services personnel. Training included: first aid, handcuffing and arrest techniques, firearms, emergency vehicle operations, criminal investigations, and community emergency response.

Along with the class room and hands on training, Explorers interacted with children at the Vanderburgh County Sheriff’s Office Tent at the Vanderburgh County 4H Fair, the West Side Nut Club Fall Festival, and staffing positions during Field Sobriety Check Points. Explorers have also participated in several “Ride-A-Long” opportunities.

Agencies from federal, state and local levels coordinate the Law Enforcement Exploring programs throughout the United States. The majority of the community programs are managed by local police departments, including sheriffs, chiefs of police and state police.
Nationally, over 33,000 explorers participate in Law Enforcement Exploring. The program highlights include: the National Law Enforcement Exploring Leadership Academies, motor patrol ride-alongs, career achievement awards, National Law Enforcement Exploring Conferences and scholarship opportunities.

Law Enforcement Career Exploring posts typically meet on a monthly basis during the school year. Most programs parallel the high school calendar and begin in the fall. There are a number of programs that start at other times during the year to meet the needs of the host organization and participants. Programs are flexible enough to fit in with other activities.

For more information contact Lt. Jim Martin at (812) 421-6263 or email him atjmartin@vanderburghsheriff.com. You may also follow the Vanderburgh County Sheriff’s Office Law Enforcement Explorer Post on Twitter @LEPost82 or on face book at VCSO Explorer Post 82. For more information on Explorer Posts visitwww.learningforlife.org/exploring.

 

 

Evansville Clinches #2 seed in MVC Tournament with 1-0 Win

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The Purple Aces have earned a bye, will play the winner of Missouri State/UNI on Nov. 6

 The University of Evansville women’s soccer team (5-10-2, 3-2-1 Missouri Valley Conference) won 1-0 at home over Missouri State (9-6-1, 3-3 MVC) on Thursday night, clinching the #2 seed and a bye in the upcoming MVC Tournament (Nov. 6, 8 at UE).

The Evansville victory guarantees the Purple Aces a spot in the MVC Semifinals (Friday, Nov. 6 at 6:06 p.m.) playing the winner of #3 Missouri State and #6 UNI.

“I am extremely happy for and proud of our team tonight,” said Evansville head women’s soccer coach Krista McKendree. “They battled hard for the full 90 and were committed to getting the result for each other.”

UE went ahead in the 22nd minute when the Purple Aces earned a penalty kick and senior midfielder Allie Arguello converted the opportunity for the 1-0 advantage.

Evansville maintained the lead into halftime and withstood a number of second half attempts from Missouri State.

The Bears put all four of their second half shots on frame, but each one was saved by UE junior goalkeeper Whitney Biggs. The Bloomington, Ind. native made back to back saves in the 62nd and 63rd minutes, and turned away an Erin Stewart shot with just four seconds left to secure the Aces win.

“I think that everyone that stepped on the field played with great intensity and grit,” added Biggs. “We fought for the entire 90 minutes. It’s a great feeling getting this win and having the next week to recover and prepare for the tournament. I’m really proud of everyone tonight and their amazing effort.”

The MVC Tournament will be held at Arad McCutchan Stadium with a pair of Semifinal contests on Friday, Nov. 6 and the Championship match on Sunday, Nov. 8.

The semifinals start with #1 Drake and the winner of #4 Illinois State and #5 Loyola at 3:36 p.m. The opening match will be followed by #2 Evansville and either Missouri State or UNI at 6:06 p.m.

The Funk Was Brought to Victory Theatre

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 ‘Here Come The Mummies’ brought the funk back to fans in Evansville Thursday night at Victory Theatre. The rockin mummy group from beyond the grave surprised the audience as they paraded through the theatre, making their way up to the stage, pumping up the fans before starting the show.

“This is the third year in a row Here Come the Mummies has been in Evansville and you can really see ghow much the fans enjoy their show,” said Executive Director, Scott Schoenike.

The jam band continued with fan favorites that the whole crowd sang along to. There was no sitting the entire peformance as the Mummies and the fans danced the night away. The electrifying mummy group ended the night with a surprise autograph session for all their die hard fans.

The Victory Theatre continues a busy schedule with
Andrew Peterson – December 2, Lightwire Theater: A Very Electric Christmas – December 17, Shadows of the 60’s: Holiday Tribute to Motown December – 19 and Brian Regan January 14.

Sheriff’s Office K-9 Apprehends Stalking Suspect

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

On Thursday, October 29, 2015 at 9:00am a resident of Ridgewood Estates in the Greater Oak Hill area of Vanderburgh County returned home and noticed the gate to her backyard was open. On her way home she had also taken note that her ex-boyfriend’s truck was parked a couple blocks away from her home. Having been the victim of both repeated and ongoing harassment by her former boyfriend, the victim elected not to enter her home and instead called 911.

The Sheriff’s Office responded and observed additional indications that someone had recently been in the backyard. Deputies shouted warnings through an open window of the house and also banged on the garage door.

A Sheriff’s Office K-9 handler team was called to assist. During a search of the residence, K-9 “Boss” located the victim’s ex-boyfriend, Mr. Brandon William Alka, inside an attached garage. Mr. Alka sustained a dog bite during his apprehension and was taken to the hospital for treatment of his injuries. Mr. Alka was later booked into the Vanderburgh County Confinement Center.

At the time of his arrest Mr. Alka was subject to an active protective order, which prohibited him from having any contact with the victim.

ARRESTED:

Brandon William Alka (pictured above), 42, of Evansville. Stalking as a Level 6 Felony, Residential Entry as a Level 6 Felony, Invasion of Privacy as a Class A Misdemeanor.

 

Vanderburgh County Recent Booking Records

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

Crash Involving Warrick County Detective Injures Three

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

This evening at approximately 7:00, Warrick County Sheriff’s Detective Tim Pierce was on-duty and driving an unmarked 2012 Ford Taurus eastbound on SR 62 east of Delaware in Chandler.  Pierce attempted to turn left into Commercial Truck Components, located at 7066 SR 62, and failed to notice a vehicle traveling westbound.  Pierce’s vehicle struck the 2006 Honda Accord on the driver’s side.  Both vehicles came to a final rest off the roadway on the north side of SR 62.  The driver of the Honda Accord, Scott A. Elliott, 52, of Evansville, was airlifted to St. Mary’s Hospital.  His mother, Shirley Elliott, 71, of Evansville, was a passenger and she was transported by ambulance to St. Mary’s Hospital. Pierce was also taken to St. Mary’s Hospital.  All three are currently being treated for serious injuries.  Both vehicles were totaled.

EPD Activity Report

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

Adopt A Pet

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Betty is a 2-year-old female. She has lived with Wilma her whole life and is bonded to her. Their adoption fees are $30 individually or $60 together. Visit www.vhslifesaver.org or call (812) 426-2563 for adoption details!

 

Allie Arguello Receives State Farm MVC Good Neighbor Award

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The biology major has a 3.921 GPA, has devoted over 150 hours to community service

 

 University of Evansville women’s soccer player Allie Arguello was named one of the recipients of the State Farm MVC Good Neighbor Award on Thursday morning.

 

The Missouri Valley Conference created the award this year in an effort to honor the achievements of exceptional student-athletes. Arguello is one of 10 student-athletes to be named by Commissioner Doug Elgin for the 2015-16 fall season honorees.

 

“I’m very happy Allie has been honored,” said Evansville head women’s soccer coach Krista McKendree. “She is a very driven individual who cares deeply about her commitments to being a D1 college athlete. Given her academic work load, I don’t know how she finds time to be so involved and successful; well I do, priorities and work ethic. Allie is the best representative our program, university, or conference could ever hope for.”

 

A Las Vegas, Nev. native, Allie is a biology major with a 3.921 cumulative grade point average. She has been named the UE Biology Student of the Year three times and has appeared on the Dean’s List all six semesters. Additionally, Allie has been selected to the MVC Honor Roll on three occasions (2012-’13, ’13-’14, and ’14-’15), has twice received the MVC Commissioner’s Academic Excellence Award (’13-’14 and ’14-’15) and was named to the MVC Scholar-Athlete First Team in 2013. She is also a member of the National College Athlete Honor Society.

 

The senior midfielder has also committed over 150 hours of community service to Holy Spirit School, St. Benedict’s Elementary School, Vogel Elementary School, the Evansville Rescue Mission and the Tri-State Food Bank. Allie has also held multiple positions in UE SAAC (Student-Athlete Advisory Committee) and was instrumental in the Toys for Tots initiative.

 

In addition to Arguello, this year’s Fall honorees include Andrew Kovacevic, Bradley, Men’s Soccer; Darrin MacLeod, Drake, Men’s Soccer; Sara Stankoskey, Illinois State, Women’s Soccer; BreeAnn Spangler, Indiana State, Volleyball; Tim Dobrowolski, Loyola, Men’s Soccer; Tenaly Smith, Missouri State, Women’s Cross Country; Jordan Webb, Northern Iowa, Football; Taylor Pippen, Southern Illinois, Volleyball; Kayla Deighan, Wichita State, Women’s Cross Country.

 

In order to be eligible for the award, the student-athlete must be in good academic standing, must demonstrate good citizenship through good sportsmanship and significant community service, and must participate in a sport, during the season of recognition.  The Valley will recognize 10 student-athletes three times annually (fall, winter, spring), for a total of 30 honorees.  Institutions select their State Farm MVC Good Neighbor Award honorees.

 

Arguello and the University of Evansville women’s soccer team (4-10-2, 2-2-1 MVC) hosts Missouri State (9-5-1, 3-2 MVC) on Thursday, Oct. 29. The match will be held at Arad McCutchan Stadium and begin at 6:00 p.m.

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