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VANDERBURGH COUNTY FELONY CHARGES

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 Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Monday, July 27, 2015.

Joseph William Tarlton Battery resulting in bodily injury to a pregnant woman, Level 5 felony

Intimidation, Level 6 felony

Marcus Tyler Tinsley Battery against a public safety official, Level 6 felony

Resisting law enforcement, Class A misdemeanor

 

Trent Lamar Dixon Operating a motor vehicle after forfeiture of license for life, Level 5 felony

 

Rodney Wayne Williams Operating a vehicle as a habitual traffic violator, Level 6 felony

Craig Alan Douglas Battery on a person less than 14 years old, Level 5 felony

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 Monday, July 27, 2015.

Danny Wayne Keller Theft, Level 6 felony

Jessica Elisse Tickamyer Battery against a public safety official, Level 6 felony

Battery against a public safety official, Level 6 felony

Resisting law enforcement, Class A misdemeanor

Public intoxication, Class B misdemeanor

 

Christopher Howard Rayborn Dealing in methamphetamine, Level 4 felony

Maintaining a common nuisance, Level 6 felony

Possession of methamphetamine, Level 6 felony

Legend Drug deception, Level 6 felony

Possession of a precursor, Level 6 felony

Possession of paraphernalia, Class A misdemeanor

Possession of marijuana, Class B misdemeanor

 

Bonniekay Sue Ann Wangler Possession of methamphetamine, Level 6 felony

Maintaining a common nuisance, Level 6 felony

Possession of a narcotic drug, Level 6 felony

Possession of paraphernalia, Class C misdemeanor

Felisha Christina-Holly Short Possession of methamphetamine, Level 6 felony

Unlawful possession of a syringe, Level 6 felony

Legend Drug deception, Level 6 felony

Possession of paraphernalia, Class C misdemeanor

Possession of marijuana, Class B misdemeanor

Xavier La Ray Davis Possession of a narcotic drug, Level 6 felony

Unlawful possession of a syringe, Level 6 felony

Possession of paraphernalia, Class C misdemeanor

John Wayne Taylor Strangulation, Level 6 felony

Intimidation, Level 6 felony

Battery, Class B misdemeanor

Anfernee Lamar Crawford Criminal trespassing, Level 6 felony

John Leslie Clement Dealing in methamphetamine, Level 5 felony

Maintaining a common nuisance, Level 6 felony

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.

Union pension plan gets victory in 7th Circuit

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Marilyn Odendahl for www.theindianalawyer.com

The 7th Circuit Court of Appeals has reversed a judgment against a union pension plan after finding the District Court erred as a matter of law and abused its discretion.

The Indiana Electrical Pension Benefit Plan, through its trustee James Tsareff, sued ManWeb Services Inc., for the withdrawal liability to the pension fund. When ManWeb, an Indianapolis-based company, acquired Tiernan & Hoover, an Indianapolis-based electrical contractor, in August 2009, Tiernan & Hoover stopped contributing to the multiemployer pension fund and did not make withdrawal payments.

Consequently, the pension plan assessed a withdrawal liability against Tiernan & Hoover for $661,978 and added ManWeb as a defendant under the theory of successor liability.

The U.S. District Court for the Southern District of Indiana found ManWeb was not liable to the plan. In particular, the District Court held that since Tiernan & Hoover did not enter into arbitration with the pension plan, the plan would have to establish that ManWeb knew of the liability before the acquisition.

The 7th Circuit found on this point that the District Court erred as a matter of law. The Circuit Court held the successor liability notice requirement under the Multiemployer Pension Plan Amendments Act of 1980 does not mean the pension plan had to establish that ManWeb knew Tiernan & Hoover had failed to arbitrate.

Moreover, the 7th Circuit panel ruled the District Court abused its discretion when it ignored that fact that ManWeb did protect itself against liability. ManWeb obtained indemnification from any and all liabilities and expenses by Tiernan & Hoover. Also, ManWeb had knowledge of the potential withdrawal liability.

Finally, the 7th Circuit tossed the District Court’s analysis of Tiernan & Hoover’s underlying liability. The Circuit Court agreed with the pension plan that Tiernan & Hoover should have gone to arbitration as required by the MPPAA.

In short, the 7th Circuit reiterated Clinton Engines, 825 F.2d at 422, by holding that arbitration reigns supreme under the MPPAA. Therefore, the District Court’s substantive review of Tiernan & Hoover’s underlying withdrawal liability constituted as error of law and an abuse of discretion.

The case is James Tsareff et al. v. ManWeb Services, Inc., 14-1618.

Governor Pence to Offer Remarks at Charter Schools USA Event in Marion County, Visit with Hoosiers in Allen County Tomorrow

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Governor Mike Pence will offer remarks at the Charter Schools USA Annual Summit in Indianapolis. In Allen County in the afternoon, he will ceremonially sign two bills: Servicemembers civil relief act (HEA 1456), which provides that protections under Indiana’s civil relief act supplement protections for service members under the federal service members civil relief act, and voluntary veterans’ preference employment policy (SEA 298), which provides for a voluntary veterans’ preference policy for hiring, promoting, or retaining a veteran in private employment. Governor Pence will also hold a community conversation in Allen County and visit with Hoosiers at the Allen County Fair. Details below.

 

Tuesday, July 28:

 

9:15 a.m. EDT—Governor Pence to offer remarks at the Charter Schools USA Annual Summit

*Media are welcome to attend.

The Westin Indianapolis, 50 S. Capitol Avenue, Indianapolis, IN

 

1:30 p.m. EDT—Governor Pence to ceremonially sign servicemembers civil relief act (HEA 1456) and voluntary veterans’ preference employment policy (SEA 298)

*Media are welcome to attend. Media planning to attend must RSVP to TSgt Kurt Briner atkurt.briner@ang.af.mil or 260-414-5129 by 10 a.m. tomorrow (Tuesday). Please be ready for increased security measures when processing onto the installation – early arrival is suggested.

Air National Guard—3005 W. Ferguson Road, Fort Wayne, IN

 

3:30 p.m. EDT—Governor Pence to hold community conversation at Ivy Tech Community College

*Media are welcome to attend.

Ivy Tech Community College – Fort Wayne Coliseum Campus, 3800 N. Anthony Blvd., Fort Wayne, IN

 

6:00 p.m. EDT—Governor Pence to visit with Hoosiers at the Allen County Fair

*Media are welcome to attend

Allen County Fairgrounds, 2726 Carroll Road, Fort Wayne, IN

IS IT TRUE July 28, 2015

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IS IT TRUE that the ‘RIDE ALONG”  incident involving an Evansville Police Officer and his son should be resolved soon as possible because the longer it takes  Chief Bolin to make a decision concerning this case it becomes a huge political problem for the Mayor?

IS IT TRUE if Chief Bolin treats everyone the same way in the “RIDE ALONG” case there should be no claims of preferential treatment?   … Chief Bolin should change current policy that members of the immediate family of an Officers cannot  participate in the “RIDE ALONG” program?

IS IT TRUE the “Ride Along” program is used to show new Police Department recruits what to expect when patrolling  neighborhoods?  …this program could also be used for the media, the Center City Clergy or you and I to see what exactly happens during exchanges with officers and the public?  …this worthwhile program allows new recruits to see first hand what a dangerous job a Police Officer has?

IS IT TRUE Governor Mike Pence recently made 47 appointments to boards and commissions?   …Michael “Jud” J. Fisher Jr. (Vanderburgh County), reappointed to serve a four-year term and Caren Briel Whitehouse (Vanderburgh County), reappointed to serve a four-year term on the Indiana Commission for Higher Education?

IS IT TRUE we found presentation made by the Director of Jacobsville Join in and the Director of ECHO at last night City Council meeting interesting?   …they kept saying what a wonderful place Jacobsville  area is to live in?  …both Directors talked about the great potential of North Main and Jacobsville ?  …we wonder if both of these ladies live the Jacobsville area?

IS IT TRUE the Director of ECHO told us how wonderful the painted Mural on the side of a building behind McDonalds is?  …she stated  this Mural was Gateway to welcoming people to the North Main and Jacobsville area ?  …it would have been better if the $40,000.00  to paint a mural on the building would have been used to help the needy people in that area?

IS IT TRUE that our regular poster PRESSANYKEY said this about Bob Warren presentation to City Council last night?   “Bob Warren of the Evansville Convention and Visitors Bureau standing at the podium lamenting the closing of the Clarion INN in one breath and then expounding the “need” for a 250 room facility downtown in the next breath has me more than a bit baffled. Does Mr. Warren really not understand that it was the lack of a sufficient market for their INN that caused the closing of the Clarion”?

“That same lack of a market downtown closed the previous Executive Inn, which by the way had a popular bar, an indoor swimming pool, and a decent dining facility”.

“I am a free market type and believe that where markets exist, private enterprise is right there to seek a profit and fill a need. The City of Evansville can not afford to be the funding entity for every project on someone’s wish list. Evansville needs to get out of the banking business before it goes broke. And it did not go unnoticed that the counsel for the ERC said that Fifth Third Bank would be handling the bond issue for the proposed convention hotel. You may be able to abstain from voting on a project that you have an interest in if you are a board member of Evansville Brownfields, but what about the connection between the Mayor and Fifth Third Bank”?

“We all WISH we could build an elegant facility downtown, but the adults in the room know only too well about the financial reality of the project. I think the city would be better served to walk away from the project entirely. Maybe with the possibility of the IU Medical School coming to the downtown the picture has changed and there might now be some private interests that will be interested in building a convention hotel on their own dime, or at least with a much more modest incentive package by the city”.

Pets of the Week

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Zip is a male 5-year-old orange tabby! He’s a very sweet, snuggly boy. His $30 fee adoption fee includes his microchip, vaccines, neuter, and more! Visit www.vhslifesaver.org or call (812) 426-2563 for adoption information!

LETTER TO THE EDITOR: PROPAGANDA LETTERS

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To: Mike Duckworth and the EVSC Board of School Trustees

Date: July 2, 2015

I am writing in response to the three letters I have received from you, as I am an EVSC Employee Represented by Teamsters Local 215. I feel that these letters are nothing but propaganda being put out by you and that this is a tactic to bust up our union. The EVSC Board and Administration tried to do this last year by making the bus driver’s and secretaries vote again on the question of whether we wanted to be in a union and be represented by Teamsters Local 215. The vote wasn’t even close. Both groups voted unanimously that we wanted to stay with Teamsters Local 215. However, you keep trying, especially with your “two concerns” to bust up the union again. It will not work this year. We stand united as a group and will stand behind our union and our rights.

To address your first concern: In 0ver 10 years since the EVSC secretaries joined the Teamsters Local 215, we have NEVER forced any secretary to join the union or to pay union dues. When we first joined the Union there may have been 9 secretaries out of over 100 that were required to join by their job description, but by using our transfer rights and seniority we received by negotiations, these secretaries have long since taken other positions in the EVSC and this is no longer a requirement of any secretary. I also know employees, who have chosen not to join the union or to pay union dues, but we still represent them and they still receive whatever all of us receive on a contract. Everyone has a choice and the secretaries who have chosen to join the union, know that union dues are deducted from our paychecks. This is nothing new and has been the status quo for years. It was never a concern before; I would like to know why you are making it one now???

Another fact, can you tell me of a union that does not collect union dues from its members? Name one. The Steelworkers who represent Alcoa plants across the U.S. collect union dues from their member’s paychecks, as does the Asbestos Workers (Local 37), Sheet Metal workers, Plumbers, Firefighter’s, Policemen, as well as the Indiana State Teachers Association, just to name a very few unions.
To address your second concern: This is a no-brainer! Do you think that just because we are bus drivers, secretaries, bus attendants, etc. that we are not educated? Many of us went to college and have degrees but chose to work in the school system because we enjoy working with children. Every bus driver and attendant takes their job very seriously knowing they have the lives of children in their hands every day. Every secretary takes her/his job seriously knowing we have the responsibility of getting every child home safely and make sure they get everything they need every day to be successful. If we feel we have not been treated fairly, we have a grievance procedure that has to be followed and is decided by a third party or arbitrator. I want to ask you, would you let the company or governing agency where you work decide a grievance for you??

Mr. Duckworth, you are supposed to be a smart man and I don’t believe you would let the company/governing board/ etc. decide a grievance that you had and neither would any other Board Member. You would be arguing for an arbitrator or third party to come in and help decide your grievance. Mr. Whobrey did concede to letting the EVSC Board be one of the processes in a grievance procedure, but no one, in their right mind, would let the company they work for, no matter what company it is or well liked it is, to decide a grievance. Again, that is like someone having a grievance at Alcoa and letting the company decide the outcome, or someone working for UPS having a grievance and letting the company decide the outcome. This is the reason companies have a grievance procedure and it is always decided by an arbitrator or third party, if it gets that far. I have talked to many family members, friends and neighbors about this “concern” and whether they were in a union or not, not one person could believe that you were asking this of the EVSC employees. These people are the voters of Vanderburgh County and will be reminded of this “concern” when it is time to decide on who represents the EVSC school board in the future.

I have worked for the Evansville Vanderburgh School Corporation since September of 1988 and I have never felt as unappreciated as I do now. I consider what you are doing is trying to break our union by not negotiating in good faith. Your “two concerns” that you are making a big point of is in the news and on social media and I can tell you that the EVSC Board is not getting good publicity. It is time to go back to the table with good intentions and show the citizens of Evansville they did not make a mistake in voting for this Board.

Sincerely,
Robin Talarzyk
EVSC Secretary and Teamster 215 Member

Daily Off Topic Forum July 28, 2015

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