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EPD Activity Report
Cedar Hall Students to Skype with Author
Thursday, Sept. 24, 8:30 a.m.
Cedar Hall Community School, 2100 N. Fulton Ave.
Students in Lisa Boeglin’s second grade class at Cedar Hall will have the opportunity this morning to speak directly with nationally renowned author Barney Saltberg. Saltzberg, author of Beautiful Oops!, will join the class via Skype.
According to Boeglin, the class has been studying art and artists and after reading the book Beautiful Oops! which encourages creativity in all ways, the class decided to reach out to Saltzberg to see if would speak with the class.
IS IT TRUE September 23, 2015
IS IT TRUE that the following political candidates either declined the invitation or didn’t respond to the invitation to attend the “CALL TO ASSEMBLE”  gathering hosted by the local Vanderburgh  County Veterans Council. …that political candidates Not Coming to this event are: Mayor Winnecke and Dan MsGinn?  …that political candidates NOT RESPONDING  to the invitation to attend this event are:  City Clerk Laura Windhurst,  2nd Ward City Council member Missy Mosby,  At-Large City Council member Jonathan Weaver,  5th Ward City Council candidates Justin Elpers and Thomas Shoulders and 6th Ward City Council candidate Jim Brinkmeyer ?  …we hope our local Veterans will remember that the above political people snub their noses at them by not attending tonights Veterans hosted “CALL TO ASSEMBLE” event?
IS IT TRUE the Commander of the local Vanderburgh Veterans Council called a news conference to update members of the Main Stream Media so he could provide them with details of the agenda concerning the “CALL TO ASSEMBLE” event? …not one representative of the local Main Stream Media showed up for this news conference?  …its important to remind members of the Main Stream Media when the people called on our Veterans “TO ASSEMBLE” on our behalf they showed up and fought the battles that insure our freedoms we enjoy today?  …its obvious if any of the Main Stream Media reporters would have had the honor to served in the military they would had been more respectful towards covering this event hosted by our local Veterans group? …that tonights “CALL TO ASSEMBLE” political Question/Answers forum shall go on without the help of our local Main Stream Media ?
 IS IT TRUE we are extremely disappointed that Evansville newest TV Channel 44 didn’t show up to cover the “CALL TO ASSEMBLE” news conference?  …it looks like Channel 44 may have broken their promise to the people of Evansville that shall do an “outstanding job” in reporting the local news?
IS IT TRUE that the issue of expanding the Brownfields land banking operation is as the COURIER and PRESS says “hanging fireâ€, but not because of the funding issue but the concept itself and the proposed partner in crime–the Brownfields Corp?  …that land banking should not be the cities only focus to solve the Community Blight  problem?  …that the Brownfields has lost its primary funding source, HUD funds, because it was discovered that their land banking operating over the last five years was not an authorized use of HUD funds, and they are now left high and dry?
IS IT TRUE that the Courier and Press is correct that the city was allocated about $2.2 million in funding from the Indiana Hardest Hit Blight Elimination Program (BEP) in 2014, but misleads the public in the facts of the program? That the program, although a federal program, was launched with a simple contract between the US department of Treasury and the Indiana Housing and Community Development Authority (IHCDA) almost three years ago that stated simply that the funds were to Demolish vacant, abandoned, homes in the communities affected by the housing crisis? That language was specific that red tape was to be avoided? That most of the red tape has been created by the people administering the funding?
IS IT TRUE that the DMD originally planned to take all the BEP funding to expand their HUD funded land bank – the Brownfields? That the original demolition property list of almost 2 years ago consisted of their properties and of the tax sale properties they planned to acquire? That substitutions were made to include a few other non-profits as program participants? That a large substitution was made to clear all the homes in the new d-pat location – even though they were not blighted, vacant, or abandoned before the decision for d-pat to move there?
IS IT TRUE the city of Evansville, along with other cities, is having trouble meeting the “stringent deadlines†as the Courier and Press says because they got off to a bad start trying to focus the money on their own special interest and questionable activity rather than moving forward with the true intent and purpose of the funding?
IS IT TRUE that receiving the $2.2 million award from the state actually resulted in fewer Demolitions of Zombie houses? That because city officials heard this money was coming they cut the amount appropriated annually in the Riverboat Fund from $1millon to $500,000 and then proceeded to spend the $500,000 on city operations rather than demolitions?  …we recommend that read George Lumley’s article “How More Is Less?†that was previously featured articles of this publication.
BREAKING NEWS: MAYOR WINNECKE WILL NOW SEND A PERSONAL REPRESENTATIVE TO VETERANS “CALL TO ASSEMBLE” QUESTION AND ANSWER FORUM
BREAKING NEWS
COMMANDER MARK ACKER WAS JUST INFORMED BY A WINNECKE SPOKESPERSON THAT HE SHALL BE SENDING A PERSONAL REPRESENTATIVE TO SPEAK ON HIS BEHALF TO THE ATTENDEES AT TONIGHTS Â VETERANS COUNCIL OF VANDERBURGH COUNTY “CALL TO ASSEMBLE” QUESTIONS/ANSWERS EVENT. Â THE MAYOR SPOKESPERSON ALSO SAID THAT THE MAYORSÂ REPRESENTATIVEÂ WILL NOT ANSWERS ANY QUESTIONS SUBMITTED TO HIM.
BELOW IS THE AGENDA OF THIS EVENINGS EVENT
AGENDA FOR THE “CALL TO ASSEMBLE” AT THE VETERANS MEMORIAL COLISEUM ON SEPTEMBER 23, 2015 HOSTED BY THE VETERANS COUNCIL Of VANDERBURGH COUNTY
Commander Mark Acker to request the gathering “CALL TO ASSEMBLE”
At 5:00 doors will open to greet attendees.
Art Midle, Senior Vice Commander Of The Veterans Council of Vanderburgh County performs “Reveilleâ€.
Commander Mark Acker introduces the Marine Honor Guard for the presentation of the colors.
Commander Mark Acker welcomes everyone and introduces the Master Of Ceremony, Gary Wagoner a three (3) time Purple Heart Recipient, Past Commander of The Veterans Council Of Vanderburgh County and VFW POST 1114.
Past Commander Wagoner invites attendees to submit one (1) question each in the “Question Barrel” about local political issues for the Mayoral Candidates to answer.
Valentina Gibbs will sing The Star Spangled Banner before the event officially begins.
Past Commander Gary Wagoner introduces the City Council candidates one by one and asks them to address the audience for 3 minutes.
Past Commander Gary Wagoner introduces Valentina Gibbs to sing another song.
Past Commander Gary Wagoner will ask that the “Question Barrel” be brought to the front of the room. Mayoral candidates randomly draw questions from the “Question Barrel†to answer within an allotted time frame.
FOOTNOTE: Food and drink is available for sale and all proceeds go to The Veterans Council Of Vanderburgh County INC.The eight (8) round tables for event sponsors are the only marked seating. Other seating is free and for the general public.
VANDERBURGH COUNTY FELONY CHARGES
SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.Â
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 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
COA tosses 40-year sentence and $400,000-plus restitution
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.â€
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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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. Â 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
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.