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State Representative Respond to Phyllip Davis’s Petition for Chief Bolin

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Phyllip Davis said the mistake in the Milan raid was minor, but Justice Posner in his opinion of the case said “the Evansville police committed too many mistakes to pass the test of reasonableness.”  This shows a lack of leadership at the highest level of our police department, starting with the Mayor but does not reflect on the quality work of the rank and file officers who are sent to execute orders.  I want to make sure it is clear that I have not called for Chief Billy Bolin to resign or to be fired.  Billy Bolin is a nice person, who gives much back to the community and I want to thank him for his years of service to the city of Evansville.

If I am elected mayor I will be making a change in Chief of Police to insure that there is a clear line of communication and a similar vision for this city.

Sincerely,

Gail Riecken

State Representative and Candidate for Mayor of Evansville

Please take time and vote in today’s “Readers Poll”. Don’t miss reading today’s Feature articles because they are always an interesting read. New addition to the CCO is the Cause of Death reports generated by the Vanderburgh County Health Department.Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Strip Club Must Face Suit Of Pedestrian Hit By Drunk Waitress

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Dave Stafford for www.theindianalawyer.com

A pedestrian severely injured when he was struck by a strip club waitress driving home from work may proceed with a civil lawsuit against the Indianapolis club that furnished her free alcohol, the Indiana Court of Appeals affirmed Wednesday.

Jerry Coleman Buchanan was walking west in the middle of the eastbound lane of Kessler Boulevard near Ditch Road sometime after 3:30 a.m. on July 29, 2007, when he was struck by a vehicle driven by Candice Vowell. Buchanan suffered severe brain trauma and several broken bones.

Vowell was on her way home from Brad’s Gold Club on the city’s west side, where she worked as a cocktail waitress. She claims she never saw Buchanan and didn’t stop at the scene of the crash, but when she arrived home she told her husband she’d hit something. Her husband went to the scene and saw a pedestrian had been injured, and when he returned home, Vowell called police around 6 a.m. to admit she was involved.

Some three hours after the crash, Vowell’s blood-alcohol level measured 0.06. The level is below the legal limit, but toxicologists concluded her blood alcohol content would have been about 0.10 to 0.128 at the time of the crash.

Vowell ultimately pleaded guilty to Class D felony operating a motor vehicle while intoxicated causing serious bodily injury, receiving a one-year suspended sentence.

The record indicates the club provided employees alcohol, though the amount Vowell consumed during her shift before the crash is disputed.

“(W)e conclude that the trial court properly denied (Brad’s Gold Club’s) motion for summary judgment under the Dram Shop Act because there is a genuine issue of fact concerning whether BGC furnished alcohol to Vowell with actual knowledge that she was visibly intoxicated,” Judge Patricia Riley wrote for the panel.

“The trial court also properly denied BGC’s summary judgment motion as it pertains to the common law because there is a genuine issue of material fact as to whether BGC breached its duty to supervise Vowell’s conduct during her shift.  We further conclude that the trial court appropriately denied Buchanan’s cross-motion for summary judgment because, even assuming the imputed knowledge doctrine applies, the designated evidence establishes that Vowell had no knowledge of her own level of intoxication to be imputed to BGC.”

Vowell acknowledged the club had a policy allowing bartenders and waitresses one free drink at the end of shifts, but she said employees also had toasted the coming Brickyard 400 earlier in the day. Toxicologists agreed Vowell’ alcohol intake must have exceeded the two shots of vodka she claimed to have consumed at the club, Riley wrote.

The case is BGC Entertainment, Inc. d/b/a Brad’s Gold Club and 3551 Lafayette Road Corp. d/b/a Brad’s Gold Club v. Jerry Coleman Buchanan, by His Father and Guardian, Odell Buchanan, 49A05-1408-CT-373.

Dr. Bucshon Responds to the President’s Iran Deal

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On Wednesday, Eighth District Congressman Larry Bucshon released the following video outlining his opposition to the nuclear deal negotiated by President Obama. Bucshon also encouraged Hoosiers to review the text and provide feedback on his website athttp://bucshon.house.gov/press-release/irandeal.

 

“Again, this is a bad deal that threatens the security of Americans at home and abroad as well as our allies around the world. It must be stopped,”said Bucshon. 

 

 

Watch the video by clicking here: https://youtu.be/KmFCdAnMtLM. The text is available in full below.

 

“Hey – I’m Congressman Larry Bucshon.

 

“Over the last few weeks, I’ve made it clear: I do not support President Obama’s Iran deal and I’ve vowed to do everything I can to stop it. No deal is better than this bad deal. 

 

“Here are five quick reasons why:

 

“One. This deal does nothing to prevent Iran from acquiring a nuclear weapon.

“Two. Iran will have access to nearly $150 billion in frozen assets that will be undoubtedly used to support terrorism and organizations that kill Americans.

“Three. The small arms embargo on Iran is lifted after 5 years and ballistic missile embargo is lifted after 8 years allowing this dangerous regime to deal arms with countries like Russia, China, and Syria. 

“Four. The deal does not comply with the basic “anytime, anywhere” inspection standards that every expert agrees should be included.

“Five. Iran is the world’s leading state sponsor of terrorism that has history of cheating past agreements, has vowed to eliminate Israel, and continues to promote anti-American rhetoric. This regime cannot be trusted to act in good faith. 

“The President is doing his best to make the American people believe that our only choice is this bad deal or war. That is a false choice.

 

“Even some of the President’s strongest Democratic allies in Congress are hesitant to support this agreement because we have more effective alternatives.

 

“We can negotiate from a position of strength by blocking this bad deal and tightening the sanctions that are working.

 

“Sanctions put in place in 2012 brought Iran to the table in the first place.

 

“As Congress continues our debate, I want you to be a part of the process.

 

“That’s why I’ve posted the full text of the deal to my website. Visit bucshon.house.gov/irandeal to review the deal and share your thoughts. 

 

“Again, this is a bad deal that threatens the security of Americans at home and abroad as well as our allies around the world. It must be stopped.

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 Tuesday, Aug. 4.

Robert Louis Joyce Jr. Battery by means of a deadly weapon, Level 5 felony

Teresa A. Scott Dealing in cocaine, Level 2 felony

Cheree Michelle Tomlinson Dealing in cocaine, Level 2 felony

Tikemia L. Johnson Residential entry, Level 6 felony

David J. Morris II Three counts of child molesting, Level 4 felony

Glenn Tyker Tenbarge Dealing in methamphetamine, Level 3 felony

Carrying a handgun without a license, Level 5 felony

Possession of paraphernalia, Class C misdemeanor

Henry George Deweese Possession of methamphetamine, Level 6 felony

Roy Louis Durham Jr. Dealing in methamphetamine, Level 3 felony

Unlawful possession of a firearm by a serious violent felon, Level 4 felony

Possession of paraphernalia, Class C misdemeanor

Gregory S. Kempf Armed robbery, Level 3 felony

Intimidation, Level 5 felony

For further information on the cases listed above, or any pending case, please contact Whitney Riggs at 812.435.5688 or via email at wriggs@vanderburghgov.org.

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.

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.

Gail Riecken responds to Appeals Lawsuit

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gail rieckenUnited States 7th Circuit Court Judge Richard Posner said Evansville police made too many mistakes to reasonably qualify for immunity from liability in the federal lawsuit regarding flash bang use on the wrong Evansville home.  “I don’t think mistakes were made by rank and file officers.  I think the city’s leadership failed,” said Gail Riecken.

Mayor Winnecke stated the following when he ran for office:

Leadership of a quality police and fire department starts with the Mayor. Our administration will promote a culture of excellence that is founded on integrity and discipline.

The police and fire chief will report directly to the Mayor’s office, creating an open, unfiltered flow of information. This direct line of communication will include frequent briefings from both chiefs relating to issues involving community safety.

The Mayor must have total confidence in the police and fire chief. We will reassess the leadership of both departments and make the changes needed to ensure accountability and the highest standard of services and performance.

“It appears the culture of excellence and discipline that is to be promoted by our administration is missing,” said Riecken after reading the judges comments.  Riecken continued, “again, I think the rank and file executed a warrant and adhered to orders they were duty bound to follow.  However, the Mayor and his appointed leadership did not live up to the standards the Mayor promised us.”

Gail Riecken looks forward to providing leadership as Mayor and working to enhance the trust and better communication between law enforcement and the local community.

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 46 years, and has 2 children and 3 grandchildren.

ANALYSIS: “UNEVEN COVERAGE OF MAYORAL RACE”

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For the last several months we have been observing the main stream media coverage of the Mayoral race. Until recently State Representative and Mayoral candidate Gail Riecken’s campaign has been lackluster at best. However it looks like a competitive Mayoral race has begun.

On Monday Mrs. Riecken held a press conference on the Civic Center steps. This event was covered by the CCO, Courier and Press and one radio station. Where in the heck was the self proclaimed Tri-State News Leader Channel 25, Channel 14 and Channel 44? This was an important fact filled speech presented by State Representative and Mayoral candidate Gail Riecken. Her speech alone should have encouraged any credible news source to be motivated to go directly to the Mayor and ask him to refute Mrs. Riecken’s statements that he has mismanaged city funds. We would like to congratulate Courier and Press writer John Martin for not only writing an accurate account of Mrs Riecken’s speech, but asking her pointed questions about her speech. However the Courier and Press could do a better job in allowing Mrs. Riecken to make rebuttals on articles they write about the Mayor.

To our surprise, that evening the Dan Rather of local TV News, Brad Byrd had his friend and past employee of Channel 25 Mayor Winnecke on twice. in one evening. One segment had the Mayor talking about his new community blight program that was borrowed from another community and the other segment allowed the Mayor to defended his embattled Chief of Police Billy Bolin. However, Channel 25 was kind enough to make a short statement concering comments Mrs. Riecken’s made ay her news conference, Of course her comments were taken from the press release she sent them earlier in the day.

What is so amazing is that Brad Byrd didn’t invite State Representative and Mayoral Candidate Gail Riecken on his show for any rebuttals to Mayor Winnecke’s in depth interviews. Talking about media bias, it looks like it’s alive and well on Channel 25 located in Henderson Kentucky!

We now have a newly revamped Evansville TV station. TV Channel 44 has announced that they are not only going to focus on local community happenings but will also will be reporting the local news as it happens. We watched Channel 44 News last night. Were extremely impressed by what we saw. Channel 44 has many talented young professionals that seems eager to report the local news without bias. We shall give Channel 44 a pass for missing Mrs. Riecken’s press conference since they are fresh on the local news coverage scene. Since Channel 25 claims that the Courier and Press is their “MEDIA PARTNER” maybe one day Channel 44 will announce that the City County Observer is theirs!

We recommend you visit Channel 44 site for fresh, objective and non biased news! We also like the way Channel 14 handles the local news and are worth watching. Oh, and please continue to read your community “Watchdog” the City County Observer!

Please take time and vote in today’s “Readers Poll”. Don’t miss reading today’s Feature articles because they are always an interesting read. New addition to the CCO is the Cause of Death reports generated by the Vanderburgh County Health Department.Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Reversal: Insurer’s acceptance of payment reinstated policy

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Dave Stafford for www.theindianalawyer.com

A Porter County man won his argument that his insurer’s acceptance of a late payment kept his homeowners coverage in force, after which a garage fire caused damage exceeding $80,000. Now, the insurer also may have to pay bad-faith and punitive damages.

A Court of Appeals panel reversed Porter Superior Judge Roger Bradford’s judgment in favor of the insurer Tuesday in Richard Zeller, Jr. v. AAA Insurance Company,  64A05-1502-CT-84. “On appeal, Zeller argues that the trial court’s ruling is erroneous because the policy was reinstated when AAA accepted his payment. We agree. Therefore, we reverse and remand for further proceedings,” Judge Terry Crone wrote for the panel.

Zeller had coverage with AAA since 2006, but the company sent a notice saying that without a payment the policy would expire Nov. 30, 2011. Zeller mailed AAA a payment stub with his credit card information on Nov. 25, and the payment was posted to his credit card account on Dec. 7, according to the record.

Zeller’s garage caught fire on Dec. 9, but AAA denied coverage and attempted later that month to return Zeller’s premium in the form of a check with the notation, “This check is issued for the following reason – policy cancelled.” Zeller didn’t cash the check and sued instead, but the trial court ruled against him after a bench trial. The trial court found the day payment was “received” was Dec. 7, after the cancellation deadline, and that there was no evidence the insurer had reinstated the policy.

Crone wrote for the panel that Zeller’s policy specifically allows for reinstatement of a cancelled policy upon receipt of adequate payment, as was the case here.

“AAA could have protected itself by drafting more specific deadlines and requirements for reinstatement in its policy or by refusing to accept Zeller’s payment, which it had every right to do. AAA did neither of these things, however, so we must reverse the trial court’s judgment in its favor,” Crone wrote.

“We remand for the trial court to consider Zeller’s bad faith claim and his request for compensatory and punitive damages, which are issues that the court did not address in its judgment.”

Rep. Bacon responds to the EPA’s final rule on carbon emissions

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STATEHOUSE – “Last year, coal-fired power plants provided 85 percent of Indiana’s net electricity generation. The EPA’s unprecedented nationwide regulations on existing power plants, will undoubtedly cause countless Hoosiers to lose their livelihood while also increasing prices for rate payers who rely on coal as a low-cost, reliable energy source.

“Only a few regions in the country stand to feel the impact of these regulations as much as southwest Indiana, and no one understands the importance of coal quite like we do. That is why I applaud the governor’s effort to continue to challenge the legality of this rule and not comply with these unreasonable and harmful emission standards.”