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Justices acquit 2 involved in fistfight turned fatal

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Dave Stafford for www.thendianalawyer.com

An Indianapolis teen and another man convicted and sentenced to 15 years in prison for their roles in a planned beatdown that ended with a fatal gunshot will be freed after the Indiana Supreme Court reversed their convictions and ordered them acquitted.

Billy Young and Marquise Lee were convicted in a bench trial by Marion Superior Judge Grant Hawkins of attempted aggravated battery for attacking Ramon Gude at his Indianapolis apartment in 2012. Young and Lee were accompanied by 16-year-old Lee’s mother, Latoya Lee, who Gude had punched in the face two days earlier, and an unidentified third man, who apparently fired the fatal shot.

Young and Marquise Lee initially were charged with murder and conspiracy, but Hawkins dismissed those charges, finding reasonable doubt about whether the shooting had been planned. He subsequently convicted the two men of attempted aggravated battery as a lesser included offense, which the justices unanimously ruled was fundamental error.

“(F)air notice was lacking. Defendants were charged with murder as accomplices in a shooting. At their bench trial, the court found that they intended a group beating of the victim, but that there was insufficient evidence that they knew a member of their group would shoot him. The trial court thus dismissed the murder charge, but convicted Defendants instead of attempted aggravated battery for planning the beating,” Chief Justice Loretta Rush wrote for the court.

“Under these circumstances, however, attempted aggravated battery by beating was not just a lesser offense than the charged murder by shooting — it was a completely different offense, based on a completely different “means used” than alleged in the charging informations. This deprived Defendants of fair notice to extend their defense to that very different lesser charge and constituted fundamental error. We therefore grant transfer in both cases by separate orders and reverse both Defendants’ convictions.”

Different Court of Appeals panels had reached contradictory opinions for the defendants, affirming Lee’s conviction and reversing Young’s.

“Defendants must have “fair notice” of the charges of which they may be convicted, including inherently or factually included lesser offenses,” Rush wrote. “But under the unusual operative and procedural facts of this case — the actual shooter remaining unidentified, the resulting ambiguity as to whether these Defendants intended to carry out a shooting, the State’s choice to rely on the shooting alone in the charging instruments and at trial, and the trial court’s unambiguous finding of reasonable doubt on that particular theory — we  hold Defendants  lacked  fair  notice  of the charge of which  they were ultimately convicted. … We therefore grant transfer, reverse both Defendants’ convictions, and remand to the trial court with instructions to enter judgments of acquittal in both cases.”

In a footnote, the court observed, “Latoya Lee did not seek transfer in her unsuccessful appeal of her conviction and sentence.”

The cases are Billy Young v. State of Indiana, 49S02-1505-CR-275, and Marquise Lee v. State of Indiana, 49S02-1505-CR-276.

A LITTLE HOT AIR by Jim Redwine

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Gavel Gamut

By Jim Redwine

(Week of 17 May 2015)

A LITTLE HOT AIR

Tom Brady is to be the paschal lamb for the NFL’s sins; good! I was for the Colts. It is reassuring to know the real experts believe a few plays with a couple of less pounds of air per square inch in an oblate spheroid of swine hide could have kept Indianapolis from the Super Bowl. I must have misread the 45 – 7 score; 10 – 7 with bad balls in the first half then 35 – 0 with good balls in the second half. The Colts should have kept quiet. Maybe the three touchdowns New England’s LeGarrette Blount ran for would have been incomplete pass plays.

I am pleased that our professional sports millionaires and their self-righteous billionaire owners are concerned about the immorality of what we euphemistically call games. I doubt I am the only fan who suspects that religiously following the rules in professional sports is as rare as truth in war. Also, I suspect most of us figure the team that prepares better, plays better and whines less will normally deflate teams that concentrate on minutia. You know, the old mote in an opponent’s eye instead of the log in our own.

It is not that I think all rules are unimportant. Standards make the playing surface level and the outcomes of games to more likely depend on skill and effort than tilted officiating or unfair advantages. Such rules as each team receiving four downs to make ten yards are essential if games are to have any value. When the officials in the October 1990 college football game between Missouri and Colorado gave Colorado a fifth down, Missouri was not whining when it protested and Colorado did not cover itself with honor by clinging to its “victory”. Such critical rules must be enforced and, when they are not, there should be real consequences. A forfeiture sounds fair to me.

But, those who call for New England to forfeit the Super Bowl or for Tom Brady to be pilloried for two p.s.i. might ask themselves which team should be declared the true winner? I guess we could have Andrew Luck and Richard Wilson duel with limp pigskins at ten paces for the championship. The first one to draw blood seems a reasonable rule and in keeping with our volksgeist of coliseum type entertainment.

 

Bill to reduce infant mortality signed into law

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STATEHOUSE – State Representative Holli Sullivan (R-Evansville) authored House Enrolled Act (HEA) 1004, which creates the Safety P.I.N. (Protecting Indiana’s Newborns) grant program to combat infant mortality in Indiana. Recently signed into law by Governor Mike Pence, this legislation was co-authored by House Speaker Brian C. Bosma (R-Indianapolis), State Rep. Hal Slager (R-Schererville) and State Rep. Dave Frizzell (R-Indianapolis).

 

“It was an honor to author legislation that takes an important step to combat infant mortality in Indiana,” said Rep. Sullivan. “HEA 1004 works by incentivizing communities, businesses and other organizations to form partnerships and develop innovative plans, leading to tangible results that protect our precious newborns.”

 

As the fifth worst state in the nation for infant mortality, the House Republicans sought to address this issue by making it a top priority this session. Working toward this goal, HEA 1004 will establish the Safety P.I.N. grant program which allows groups to present their innovative solutions and apply for a grant to reduce infant mortality. In order to fund this program, $13.5 million was included in the state’s biennial budget.

 

“Communities, who have pioneered great ideas to reduce infant mortality, deserve the flexibility to move forward with their solutions,” said Speaker Bosma. “This session, I was proud to make addressing infant mortality a priority and look forward to the positive impact the Safety P.I.N. grant program will have for Hoosier families.”

 

Administered by the Indiana State Department of Health, the groups applying for grants must include in their proposal: the targeted area, the amount they plan to reduce the infant mortality rate by and the timeframe in which they will achieve their goal. Preference will be given to groups that seek to combat primary drivers of infant mortality such as decreasing smoking rates among pregnant women.

 

“Infant mortality is a devastating issue that, unfortunately, affects many Hoosier families,” said Rep. Frizzell. “Providing grants to programs that target specific drivers of infant mortality, such as smoking and lack of prenatal care, is the most efficient way to protect both the mother and their child.”

 

In Indiana, nearly one-third of pregnant women do not receive prenatal care, and over 60 percent of infant deaths can be attributed to mothers that received fewer than 10 prenatal visits. Additionally, more than 16 percent of Indiana mothers smoked at some point during their pregnancy.

 

“This legislation goes a long way in raising awareness of proper prenatal care for families across the state,” said Rep. Slager. “As the infant mortality rate in Indiana becomes more and more troubling, it is my hope that this legislation will not only turn those numbers around, but help save lives as well.”

 

Day 5: Governor Concludes Successful Jobs Mission to China, Hosts Alumni of Indiana Universities

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Indianapolis – Governor Mike Pence completed his jobs and economic development mission to China today, visiting Indiana companies with China operations and hosting a reception in Shanghai for graduates of Indiana colleges and universities living in China.

 

“As a state, Indiana remains committed to giving our students the tools they need to succeed in life through a world-class education,” said Pence. “By going out and making an impact at companies around the globe, the graduates I met tonight are showing the world the power of an Indiana education. To continue attracting global companies to locate and grow in the Hoosier State, business leaders need to look no further than the graduates of our world-class universities both abroad and the many more we have back home.”

 

The reception attracted more than 100 alumni, including graduates from Purdue University, the University of Notre Dame, Indiana University, Butler University and Indiana University Purdue University of Indianapolis. Indiana University, Purdue University and Rose Hulman Institute of Technology have education partnerships with Zhejiang Province, Indiana’s sister state, while some of Indiana’s other higher education institutions have established exchange programs across China. This complements the more than 10,000 Chinese students who attend universities in all corners of the state.

Earlier in the day, the Governor led meetings with leaders of the Lilly China Research & Development Center in Shanghai. Indiana-headquartered Eli Lilly employs more than 41,000 people around the world, including 11,000 Hoosiers at high-wage jobs across Indiana. The Governor also visited China International Marine Container, the parent company of Monon, Indiana-based Vanguard National Trailer Corporation. Vanguard has grown to be White County’s largest employer, employing more than 500 Hoosiers.

“Indiana and China are stronger together,” said Pence. “In the years since our friendship formed, Hoosier students have gained a broader worldview through cultural exchanges. And as global understanding grows, so does economic growth. Today Chinese companies are creating great Hoosier jobs in all corners of our state, and Indiana-based companies are thriving globally. Through the relationships we’re forming on this trip, I’m confident that this is just the beginning of generations of growth to come.”

 

China is Indiana’s fifth largest export partner. Hoosier companies exported $1.4 billion in goods to the country just last year. Through visits this week to Beijing, Hangzhou and Shanghai, the governor has met with a number of prominent Chinese companies and multiple government leaders, including signing a reaffirmation of Indiana’s sister-state agreement with Zhejiang Province and meeting with Vice Premier of the People’s Republic of China Wang Yang.

 

The trip marks the governor’s sixth jobs and economic development as Governor, after previously traveling to Japan, Germany, the United Kingdom, Canada and Israel to promote Indiana.

 

More information about the Governor’s jobs mission to China, including video clips and photos, will be posted throughout the trip here: http://in.gov/gov/China2015.htm.

Governor Pence Directs Flags to be Flown at Half-Staff Friday for Peace Officers Memorial Day

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Indianapolis – In accordance with a presidential proclamation, Governor Mike Pence is directing flags at state facilities statewide to be flown at half-staff today in honor of Peace Officers Memorial Day, which honors federal, state and local officers killed or disabled in the line of duty. President Obama signed a proclamation ordering flags nationwide to be flown at half-staff on Friday, May 15. Flags should be flown at half-staff from sunrise to sunset.

 

Governor Pence also asks businesses and residents to lower their flags to half-staff to pay tribute to the brave men and women in law enforcement across Indiana and our nation.

BREAKING NEWS: Vectren Announces Key Leadership Changes Upon  Impending Retirement Of Long-Time Executive

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CHANGES EMPHASIZE IMPORTANCE OF ENHANCING THE CUSTOMER EXPERIENCE

Evansville, Ind. – Stemming from the upcoming retirement of a tenured executive vice president, Vectren Corporation (NYSE: VVC) Chairman, President and CEO Carl Chapman announced organizational changes today that demonstrate the company’s focus on improving the customer experience for its gas and electric customers, including ensuring continued strong public safety practices and regulatory compliance across its utility operations. Approved by the company’s Board of Directors today, these changes will be effective June 1, 2015, and align with the company’s ongoing succession planning strategy.

Jerome (Jerry) Benkert, Vectren’s executive vice president and chief administrative officer, will retire June 1. He had announced his intentions to step down last spring at which time the chief financial officer role transferred to Susan Hardwick. Benkert was Vectren’s first chief financial officer and has spent nearly 30 years with Vectren or predecessor companies. As the chief administrative officer he retained oversight of the company’s human resources, performance management and strategic sourcing, information technology and customer service departments. Those departments will now transition to other colleagues as noted below.

“Jerry has been an instrumental member of Vectren’s executive staff for nearly three decades, and his profound leadership and utility expertise have been critical to Vectren’s success,” said Chapman. “We wish him nothing but the best in his well-deserved retirement and very much appreciate his service to our company and our community.”

The customer-centric organizational changes include promotions of key individuals and added responsibilities in addition to a change of reporting structure for some key departments to enhance operational performance and internal communication.

“Customers expect their utility to provide safe, reliable energy and equally expect quality customer care,” said Chapman. “These organizational changes will ensure we’re not only meeting those needs today but are anticipating what tomorrow’s customer will expect as new technology transforms the way we interact with and/or deliver energy to our customers, and new regulations continue to drive higher-quality, more secure operations and utility infrastructure. We know the energy business will evolve dramatically over the next decade, and this team will ensure we’re keeping pace with that change.”

An overview of these changes is as follows:

  • Dan Bugher, Vectren’s vice president of performance management and strategic sourcing, will move to vice president, customer experience in a newly created position where he will oversee the utility’s customer service team and the revenue management, billing, meter reading, and margin analysis departments. Bugher will report to Rick Schach, senior vice president of utility operations and president of Vectren Utility Holdings, Inc.
  • Jim Francis, director of gas engineering, will be promoted to vice president of safety and system integrity, also a new position created to oversee the company’s continued focus on public safety. Francis will manage employee and contractor safety for utility operations as well as oversee all compliance-related departments for gas and electric operations. Francis will report to Schach.
  • The current director of performance management, Karen Hamilton, will be promoted to succeed Bugher in the vice presidential role over performance management and strategic sourcing. Hamilton will report to Hardwick.
  • The vice president of corporate communications, Chase Kelley, will become the vice president of marketing and communications where she will retain oversight of the corporate communications team and add the energy efficiency, residential and commercial sales, and the customer planning and sales business units. Kelley will remain a direct report to Schach.
  • Doug Petitt, vice president of information technology and customer service and the utility’s chief information officer, becomes the chief information officer for the corporation overseeing technology and cybersecurity needs for the utility and supporting nonutility technology needs. Petitt will report to Chapman in this expanded role.
  • The human resources department, which continues to report to Ellis Redd, vice president of human sources, will move into Schach’s organization.
  • Robbie Sears, vice president of customer energy solutions, will assume new responsibilities related to long-term planning for the company’s utilities, which includes exploring new technologies and behind-the-meter developments in the utility space and opportunities for short and long-term utility earnings growth opportunities. Sears will retain the compressed natural gas, emerging technologies, industrial sales and economic development, and market research departments. Sears will remain a direct report to Schach.

About Vectren

Vectren Corporation (NYSE: VVC) is an energy holding company headquartered in Evansville, Ind. Vectren’s energy delivery subsidiaries provide gas and/or electricity to more than 1 million customers in adjoining service territories that cover nearly two-thirds of Indiana and west central Ohio. Vectren’s nonutility subsidiaries and affiliates currently offer energy-related products and services to customers throughout the U.S. These include infrastructure services and energy services. To learn more about Vectren, visit www.vectren.com

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.

Duke Energy Subsidiaries Plead Guilty and Sentenced for Clean Water Act Crimes

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EPA_seal_for_profiles_bigger
The companies will pay a fine and conduct community service and wetlands mitigation

WASHINGTON – Three subsidiaries of North Carolina-based Duke Energy Corporation, the largest utility in the United States, pleaded guilty today to nine criminal violations of the Clean Water Act at several of its North Carolina facilities and agreed to pay a $68 million criminal fine and spend $34 million on environmental projects and land conservation to benefit rivers and wetlands in North Carolina and Virginia.  Four of the charges are the direct result of the massive coal ash spill from the Dan River steam station into the Dan River near Eden, North Carolina, in February 2014. The remaining violations were discovered as the scope of the investigation broadened based on allegations of historical violations at the companies’ other facilities.

Under the plea agreement, both Duke Energy Carolinas and Duke Energy Progress, must certify that they have reserved sufficient assets to meet legal obligations with respect to its coal ash impoundments within North Carolina, obligations estimated to be approximately $3.4 billion.

Officials from the Environmental Protection Agency’s Office of Enforcement and Compliance Assurance, EPA’s Office of Inspector General, the Justice Department’s Environment and Natural Resources Division and the three U.S. Attorney’s Offices in North Carolina, the Internal Revenue Service (IRS) Criminal Investigations and the North Carolina State Bureau of Investigation (SBI) made the announcement following a plea hearing at the federal courthouse in Greenville, North Carolina today.

“Over two hundred sixteen million Americans rely on surface water as their source of drinking water. Duke Energy put that precious resource at risk in North Carolina as the result of their negligence,” said Assistant Administrator Cynthia Giles for EPA’s Office of Enforcement and Compliance Assurance. “Companies that cut corners and contaminate waters on which communities depend, as Duke did here, will be held accountable.”

“The massive coal ash spill into North Carolina’s Dan River last year was a crime and it was the result of repeated failures by Duke Energy’s subsidiaries to exercise controls over coal ash facilities,” said Assistant Attorney General John C. Cruden of the Justice Department’s Environment and Natural Resources Division.  “The terms of these three plea agreements will help prevent this kind of environmental disaster from reoccurring in North Carolina and throughout the United States by requiring Duke subsidiaries to follow a rigorous and independently verifiable program to ensure they comply with the law.”

“Duke Energy’s crimes reflect a breach of the public trust and a lack of stewardship for the natural resources belonging to all of the citizens of North Carolina,” said U.S. Attorney Thomas G. Walker for the Eastern District of North Carolina.  “The massive release at the Dan River coal ash basin revealed criminal misconduct throughout the state — conduct that will no longer be tolerated under the Judgment imposed by the court today.”

On Feb. 20, 2015, the three U.S. Attorney’s Offices in North Carolina filed separate criminal bills of information in their respective federal courts, alleging violations of the Clean Water Act at the following Duke facilities: the Dan River steam station (Rockingham County), the Cape Fear steam electric plant (Chatham County), the Asheville steam electric generating plant (Buncombe County), the H.F. Lee steam electric plant (Wayne County), and the Riverbend steam station (Gaston County).  The alleged violations included unlawfully failing to maintain equipment at the Dan River and Cape Fear facilities and unlawfully discharging coal ash and/or coal ash wastewater from impoundments at the Dan River, Asheville, Lee and Riverbend facilities.

As part of their plea agreements, Duke Energy Business Services LLC, Duke Energy Carolinas LLC and Duke Energy Progress Inc. will pay a $68 million criminal fine and a total $24 million community service payment to the National Fish and Wildlife Foundation for the benefit of the riparian environment and ecosystems of North Carolina and Virginia.  The companies will also provide $10 million to an authorized wetlands mitigation bank for the purchase of wetlands or riparian lands to offset the long-term environmental impacts of its coal ash basins.  In addition, they will pay restitution to the federal, state and local governments that responded to the Dan River spill and be placed on a period of supervised probation for five years.

Duke’s subsidiaries operating 18 facilities in five states, including 14 in North Carolina, will also be required to develop and implement nationwide and statewide environmental compliance programs to be monitored by an independent court appointed monitor and be regularly and independently audited.  Results of these audits will be made available to the public to ensure compliance with environmental laws and programs.  The companies’ compliance will be overseen by a court-appointed monitor who will report findings to the court and the U.S. Probation Office as well as ensuring public access to the information.

Approximately 108 million tons of coal ash are currently held in coal ash basins owned and operated by the defendants in North Carolina.  Duke Energy Corporation subsidiaries also operate facilities with coal ash basins in South Carolina (approximately 5.99 million tons of coal ash), Kentucky (approximately 1.5 million tons of coal ash), Indiana (approximately 35.6 million tons of coal ash) and Ohio (approximately 5.9 million tons of coal ash).

The companies must also meet the obligations imposed under federal and state law to excavate and close coal ash impoundments at the Asheville, Dan River, Riverbend, and Sutton facilities.

Additionally, at the insistence of the United States, the holding company Duke Energy Corporation has guaranteed the payment of the monetary penalties and the performance of the nationwide and statewide environmental compliance plans.

The criminal investigation was conducted by the EPA-CID, EPA-Region 4, EPA-OIG, IRS-CI and NC SBI with assistance from the F B I and the Department of Defense Criminal Investigative Service.

Indiana State Police Announces Start of 2015 Click It or Ticket Campaign

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The Indiana State Police announced today its participation in the national and statewide 2015 Click It or Ticketenforcement mobilization occurring May 15-31, 2015. Officers will join more than 250 state and local law enforcement agencies, and thousands more across the country, to conduct high-visibility patrols encouraging drivers and passengers to buckle up.

“It’s a documented fact that wearing your seat belt increases your chance of surviving a crash by more than 50 percent,” said Captain David Bursten, Chief PIO for the state police. “While we prefer voluntary compliance, we want to remind drivers and their occupants, if we see you unbelted, expect to be stopped and just as the slogan says, click it or ticket.”

Click It or Ticket is an annual enforcement effort supported by federal funding allocated to the Indiana State Police from the Traffic Safety division of the Indiana Criminal Justice Institute (ICJI).  More than 200 troopers will be working overtime to conduct seat belt patrols on Indiana’s state roads and interstates. According to ICJI, in 2014, there were 748 fatalities on Indiana roadways. Of those fatalities, nearly one-third (29 percent) were unrestrained.

“While seat belt usage in Indiana passenger vehicles is over 91 percent, there’s still room for improvement,” said ICJI Director Mary Allen. “We know seat belt usage saves lives, and we are grateful for the participating agencies who are focusing efforts on increased education and enforcement to drive home this message.”

Indiana law enforcement agencies have been actively involved in the Click It or Ticket campaign for over 20 years.

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