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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.

EPD Activity Report

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 Wednesday, April 15, 2015

Beth Bailey                 Dealing in Marijuana-Level 5 Felony

Maintaining a Common Nuisance-Level 6 Felony

Possession of Marijuana-Class B Misdemeanor

Devin Brittain             Strangulation-Level 6 Felony

Domestic Battery-Level 6 Felony

Kiersten Caudill          Maintaining a Common Nuisance-Level 6 Felony

Resisting Law Enforcement-Level 6 Felony

Possession of a Synthetic Drug or Synthetic Drug Lookalike Substance-Class A

Misdemeanor

Timothy Miles         Possession of a Narcotic Drug-Level 6 Felony

Leaving the Scene of an Accident-Class B Misdemeanor

Operating a Vehicle While Intoxicated-Class C Misdemeanor

Ora Murphy                Possession of Methamphetamine-Level 6 Felony

Possession of Paraphernalia-Class A Misdemeanor

Joe Outlaw Jr              Carrying a Handgun without a License-Level  5 Felony

Visiting a Common Nuisance-Class B Misdemeanor

Possession of Marijuana-Class B Misdemeanor

William Yeckering      Operating a  Vehicle While Intoxicated-Level 6 Felony

Carrying  a Handgun without a License-Class A Misdemeanor

Leaving the Scene of an Accident-Class B Misdemeanor

Jessica Caswell            Possession of Methamphetamine-Level 6 Felony

Possession of Paraphernalia-Class A Misdemeanor

Tydiesha Dejarnett       Auto Theft-Level 6 Felony

Theft-Class A Misdemeanor

Hilton Hazelwood        Dealing in Marijuana-Level 5 Felony

Maintaining a Common Nuisance-Level 6 Felony

Possession of Marijuana-Class B Misdemeanor

Darrell Johnson          Intimidation-Level 5 Felony

Pointing a Firearm-Level 6 Felony

Marco Johnson          Theft-Level 6 Felony

Jason Pointer              Theft-Level 6 Felony

Resisting Law Enforcement-Level 6 Felony

Resisting Law Enforcement-Class A Misdemeanor

Leaving the Scene of an Accident-Class B Misdemeanor

Sandra Porter            Operating a Vehicle While Intoxicated Endangering a Person with a Passenger

Less than 18 Years of Age-Level 6 Felony

Ginger Stearns        Intimidation-Level 5 Felony

Domestic Battery-Level 6 Felony

Cordell Thomas             Maintaining a Common Nuisance-Level 6 Felony

Carrying  a Handgun without a License-Class A Misdemeanor      

Possession of Marijuana-Class B Misdemeanor

Antonio Wright Jr      Battery with Moderate Injury-Level 6 Felony

For further information on the cases listed above, or any pending case, please contact Kyle Phernetton at 812.435.5688 or via e-mail at kphernetton@vanderburghgov.org

Under Indiana law, all criminal defendants are presumed to be innocent until proven guilty by a court of law

SENTENCE CHART

Denial of expungement of child neglect case upheld by judges

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A woman seeking to expunge a substantiated report of child neglect in order to keep her job as a cook at a child care provider did not meet the necessary statutory requirements to grant the expungement, the Indiana Court of Appeals affirmed Wednesday in a case of first impression.
In the matter of: L.E., et al; G.E. v. Indiana Department of Child Services, 45A04-1404-JC-193, is the first time the Court of Appeals has reviewed a petition under I.C. 31-33-27-5, which took effect in 2012 and allows a person to ask for expungement of child abuse or neglect reports.
G.E. had her parental rights terminated in December 2000 to her four children after they were removed from her home due to unsanitary living conditions, poor school attendance and mother’s drug abuse history. In June 2013, G.E. began working as a cook at Pinnacle Family Child Care in Gary, but her job was in jeopardy based on the substantiated report of neglect regarding her children. Pinnacle allowed her to stay and ensured she did not have direct contact with children.
Several months later, G.E. petitioned to expunge the records of her children in need of services case. Her only evidence was her testimony that she has been clean since 2003, in contact with all of her children, and she has not committed any other crimes or had contact with the juvenile courts. The juvenile court denied her petition.
Pertinent language in the statute says the court “may” grant the petition if it finds by clear and convincing evidence that there is “little likelihood that the petitioner will be a future perpetrator of child abuse or neglect” and “the information has insufficient current probative value to justify its retention in records of the department for future reference.”
Because G.E.’s burden of proof is clear and convincing evidence, it was not unreasonable for the juvenile court to deny her petition based on the evidence she presented, Judge Rudolph Pyle III wrote. And even if her testimony alone established that she no longer posed a threat to children, G.E. did not show that her substantiated report of neglect or abuse no longer has current probative value to keep in DCS’ records.
Because she works at a child care center, child care centers are prohibited from employing or using the services of someone known to have abused children, and employment of such people could be grounds to revoke a license, it’s clear that G.E.’s records have probative value, Pyle wrote.

Dr. Bucshon Applauds Senate Action on SGR Reform Bill

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(WASHINGTON, DC) –Today, the United States Senate approved H.R. 2, the Medicare Access and CHIP Reauthorization Act sending the bill to President Obama’s desk. H.R. 2 replaces Medicare’s flawed physician payment formula, the Sustainable Growth Rate (SGR) with bipartisan, bicameral reforms that help protect the Medicare promise. This unprecedented effort removes the imminent threat of draconian cuts to Medicare providers and moves Medicare away from a volume-based system towards one that rewards value, improving the quality of care for seniors.

 

Congressman Larry Bucshon, M.D. (IN-08) released the following statement regarding Senate passage of H.R. 2:

 

“The House led on an unprecedented victory for America’s seniors, children, and their families.  After years of flawed Medicare policy, we are finally creating a stable system that ensures Medicare patients will have access to their doctors while protecting the Medicare promise for future generations. With this bipartisan compromise we’ve demonstrated how Washington, D.C. can work together to improve the lives of the American people. As one of a small number of physicians in Congress, I’m happy to have played a part in putting an end to this flawed policy.

 

An important component of the bill repeals a policy that would have resulted in a dramatic increase in the out-of-pocket costs for seniors was included at the request of Bucshon and his democratic colleague from California and fellow physician, Congressman Ami Bera. This measure was maintained by the Senate.

 

As a physician and member of the House Energy and Commerce Committee, Dr. Bucshon played an integral role in crafting the legislation and helping gather support for it. 

 

Energy and Commerce Committee Chairman Fred Upton (R-MI):

 

“We are saying goodbye to the SGR thanks, in large part, to the diligent efforts of Dr. Bucshon and his physician colleagues in the Doctor’s Caucus. They know better than anyone the importance of eliminating this repeated threat and establishing a fair and stable system for Medicare payments. We can all be proud of the bipartisan effort by the House today.” 

 

American Congress of Obstetricians and Gynecologists (ACOG):

 

“The American Congress of Obstetricians and Gynecologists thanks Rep. Bucshon for his leadership in supporting repeal of the Medicare Sustainable Growth Rate formula. As a physician, Rep. Bucshon understands first-hand the importance of predictable, adequate payment rates on the ability of America’s health care providers, including ob-gyns, to provide quality care to their patients. Repeal of SGR will help more physicians to sustain their practices and keep more Americans healthy,” said President of ACOG, John C. Jennings, M.D.

 

American Association of Neurological Surgeons and Congress of Neurological Surgeons:

 

“America’s neurosurgeons and their patients are extraordinarily grateful for the tireless efforts of Rep. Larry Bucshon to pass Medicare legislation that will preserve timely access to care for our nation’s seniors.”

 

H.R. 2 passed the House with a strong bipartisan vote of 392 to 37. A section by section analysis of the bill is available here.

 

BACKGROUND:

The SGR formula was passed by Congress and signed into law by President Clinton in 1997 to control Medicare spending. The flawed Medicare formula has proven over time to be ineffective and put seniors’ access to physicians at risk. The SGR policy flaws have compelled Congress to override the formula-driven cuts for more than a decade.  In fact, since 2003, Congress has spent nearly $170 billion in short-term patches to avoid these unsustainable cuts.  The most recent patch will expire on March 31, 2015.  H.R. 2 repeals the SGR, averting a 21 percent SGR-induced cut scheduled for April 1, 2015.

 

Congressman Larry Bucshon, a physician from Southern Indiana, is serving his third term in the U.S. House of Representatives. In the 114th Congress, Bucshon will serve on the influential House Committee on Energy and Commerce.  The 8th District of Indiana includes all or parts of Clay, Crawford, Daviess, Dubois, Gibson, Greene, Knox, Martin, Owen, Parke, Perry, Pike, Posey, Spencer, Sullivan, Vanderburgh, Vermillion, Vigo, and Warrick counties.

EVSC Early College High School Students Receive Awards at Innovation Challenge

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Steve Jobs once said that “Innovation distinguishes between a leader and a follower.” Students in the EVSC’s Early College High School demonstrated their leadership this past weekend at the Junior Achievement Innovation Challenge.

 

Five groups from the Early College High School participated in the challenge out of 18 groups from school corporations in Southwestern Indiana. Four of those groups, comprised of: Nick Belcher, McKaila Parker, Miranda Harper, Destiny Baxter,  Kayleen Meeks, Tyler Reifsteck, Abbi Moers, and Seth Carlisle, all received awards for their projects.

 

  • Nick Belcher’s product, “Lacefi” earned him third place and a cash prize and a $1,000, three-year renewable scholarship to the University of Evansville. Lacefi is a Wi-Fi shoelace that gives users unlimited access to the Internet through the use of satellite and one’s home network. Nick developed and built a prototype with Atheros Wireless Adaptors as a manufacturer of a prototype wireless router tie-in built specifically to Nick’s specifications.
  • McKaila Parker and Miranda Harper developed a no-show sock that does not slide off the heel like other no-show socks. Their product, “Sockease,” was actually modeled by McKaila and comes in many different colors. Sockease earned both students a $1,000 scholarship to UE, renewable for three years. In addition, Miranda received a $500, two-year renewable scholarship to Ivy Tech.
  • Destiny Baxter and Kaylen Meeks received a $500, two-year renewable scholarship to Ivy Tech for their project, “The Simple Life.” Their product was designed to help prevent spills. They developed a lid locking system that would lock on to throw away cups and keep the beverage in when spilled. Their project also earned them a cash award for the Most Efficient Idea.
  • The final group to win was Tyler Reifsteck, Abbi Moers and Seth Carlisle for their company, ARAC. ARAC is a reverse online sales idea which does the opposite of eBay. The proposed web-based service would list items people wanted to buy. Sellers would then contact the buyers through the website and bid to sell their items. Tyler received a $500, two-year renewable scholarship from Ivy Tech for this idea.

The challenge was the culminating activity of a program facilitated by Junior Achievement volunteers from area businesses and industry. As part of the challenge, students in Steve Tron’s Advanced Management and Entrepreneurship classes at Early College were grouped together and each was tasked with developing an innovative product that solved a need in our society. Along with their idea, students had to develop an elevator pitch and business plan for their proposed product. Then, a winning group from each class was selected and invited to participate in the Innovation Challenge.

 

In the first round – comprised of 18 group projects, five of which were from EVSC’s Early College High School – judges circulated through displays and discussed the products after each group delivered a five minute elevator pitch. Five of the top groups were then selected to move to the final round of judging. Two of the Early College’s five groups – Lacefi and Sockease – advanced to the final round in which students would present their product in an auditorium setting in front of a crowd and all judges.

Friend Responds To Mayor Winnecke On Facebook

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Dear Mr Mayor,

City Councilman John Friend
City Councilman John Friend

In response to your criticism concerning my questioning of your Utility Director, Mr. Allen Mounts, in the month of November of 2014, Councilman O’Daniel and myself attended an exit conference. The attendees were Jennie Collins, CFO, the field examiner and his supervisor, Russ Lloyd and Allen Mounts. The field examiner passed out the proposed Utility Financial Statements for discussion. During my review of those Financial Statements I immediately noticed that the Utility Department had omitted the amounts owed by the City, i.e. when the SBOA required that the City and Utility checking accounts be separated in June of 2012, the Administration failed to pay the Utility approximately $2,000,000. In other words, shorted the Utility in the transfer of the Utility’s money into the newly created checking account of the utility. So, the City kept this money until December of 2014; however, the receivable was left off of the utility financial statements that were passed out that day.

The field examiner immediately confessed that he missed it!! I said that this was the responsibility of the Utility to prepare the Financial Statements to assure their accuracy and completeness. Then Russ Lloyd said “it does not matter because the City is on the cash basis…but I informed him that the City was going to present the December 31, 2014 financial on the accrual basis so the amount owed by the City would have to be recognized.

After that discussion, we moved to the cash short situation. The field examiner indicated that your books recorded receipts however those receipts did not agree to the bank records and the term used was CASH SHORT…now, in my world this is a simple concept, the cash register says we had sales of $1,000 and only $800 is recorded as deposited on the bank statement and you have only $100 on hand, well you are $100 SHORT…maybe supplies were paid out of the cash draw and that is why we have the shortage situation or maybe the clerk took the money…
Before Councilman O’Daniel and I let the meeting, we were required to sign a confidentially agreement that the meeting subject matter would be held in strict confidence until the report was released. Unfortunately, due to my very busy tax season, I have been preoccupied and suddenly realized that the report should have been released to the public. After visiting the State Board of Accounts website, I obtained a copy of the report and noticed that the CASH SHORT finding remained in the document.

So, in my audit world when our firm discovers client cash shortages exist, our clients generally start an investigation into the cause and circumstances and institute procedures to remedy future occurrences. Why would your Utility be an different? Most people would think that if told that a CASH SHORT situation existed, an investigation into the causes and final outcome would be in order? Of course the auditors are NOT investigators, they are examiners. Our firm, after auditing an organization, has been interviewed by investigators…my question was very simple, “What is the status of the investigation” meaning I was doing my job as an elected official to oversight, remember those nasty checks and balances and assumed you would be doing your job safeguarding the treasury. I fully expected to hear the findings, causes, and procedures implemented to prevent future occurrences. I’m puzzled why you are focusing so much on my question and more amazed that $400,000 is unaccounted for and you did not institute your own internal investigation!! Apparently,not because Mr. Mount’s only response was “that was over a year ago” but oddly enough the report findings posting to the public is only 60 days ago…and he said “I has been taken care of” How has it been resolved? What procedures implemented? Any irregularities? I guess we will just have to accept the fact that $400,000 is immaterial in your world. I must emphasize that I said investigation, not CRIMINAL INVESTIGATION!!

PLEASE TAKE TIME TO READ OUR READERS POLL QUESTION AND CAST YOUR VOTE ACCORDINGLY. 

Governor’s Communications Director Announces Departure

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Indianapolis – Governor Mike Pence today accepted the resignation of his Communications Director, Christy Denault. Denault, who has an eight-year-old and triplets who are six, is departing the Pence Administration to spend more time with her family. Prior to her role in the Pence Administration, she served on the Governor’s campaign and worked for Lt. Governor Becky Skillman, in addition to communications roles in the private sector and higher education.

 

“Since day one, Christy Denault has served this administration with selfless dedication and professionalism,” said Governor Pence. “Christy set a standard for communicating Indiana’s success with integrity and she will be sorely missed. I will always be grateful for her service and wish her every blessing as she takes time to focus on her family following this season of service to the people of Indiana.”

 

In her letter of resignation, which can be found attached, Denault thanked the governor for the opportunity to serve Indiana as part of the Pence Administration. Denault will remain on staff until May 22 to allow time for a replacement to be hired.

 

Lt. Governor Ellspermann Opposes Proposed National Guard Funding Cuts

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Co-signs letter to President with 24 other Lt. Governors

INDIANAPOLIS – Lt. Governor Sue Ellspermann joined 24 other Lt. Governors in a letter to President Obama opposing the administration’s proposed budget cuts for the National Guard.  The 2016 Army budget eliminates 8,000 Army National Guard positions. The letter states,

“As a unique state-based military force, the National Guard is the only military force that is shared by the states and the federal government. It is a ready, reliable, and essential force that responds to national disasters and emergencies, and is critical to peace and security at home and abroad.”

The Lt. Governor noted that Indiana has the 4th largest National Guard in the United States with a force of 15,800 civilian and military personnel.  She added, “The Indiana National Guard has served the citizens of Indiana and has provided well-trained forces to support the cause of freedom throughout the world. The Guard has also been critical in enhancing Indiana’s military assets including the development of the Muscatatuck Urban Training Center.”

“Much our Indiana National Guard’s success has been under the outstanding leadership of General Martin Umbarger who next month is concluding his eleven years of service as Indiana’s Adjutant General and 45 years in the National Guard.  Throughout his career he has earned the respect of his troops, his colleagues in state government and the citizens of Indiana.  I am honored to support National Guard funding on behalf of citizen-soldiers like General Umbarger and the men and women under his command.”

Democrat Chairman Accuses Winnecke of Pandering to Bosma

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Vanderburgh County Democratic Chairman Rob Faulkner today took issue with Mayor
Lloyd Winnecke’s silence on the City Council’s passage of a resolution opposing the controversial
Religious Freedom Restoration Act (RFRA).
He suggested the upcoming visit to Evansville by a key RFRA proponent might be motivating the Mayor.
The Council Monday approved the resolution 9-0, taking a strong stand against the controversial
measure that was pushed through the Indiana General Assembly by Winnecke’s fellow Republicans.
“A day after the council spoke with a unanimous voice, the Mayor hasn’t been heard from,” Faulkner
said.
He pointed out that Section 4 of the resolution reads, “The Mayor is invited to join in this resolution by
affixing his signature hereto.”
Winnecke has given no public indication of whether he intends to join in the resolution, which the city
clerk is directed to send to the Governor, Speaker of the House, President Pro Tempore of the Senate,
Assembly members representing Southern Indiana, and other legislative leaders as deemed appropriate.
Faulkner tied Winnecke’s hands-off posture on the resolution to the planned visit to Evansville by
Republican House Speaker Brian Bosma on April 22.
“It might be that Winnecke wants to avoid a lot of discomfort when Bosma comes to town to share the
stage with him at the Lincoln Day Dinner,” Faulkner said. “It appears he is siding with Bosma rather than
taking a stand to protect all the citizens of Evansville from discrimination.”

ST. MARY’S WELLNESS CENTER TO OFFER COUPLE’S SOCIAL DANCING

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St. Mary’s Wellness Center at Epworth Crossing will present three different opportunities for a great date night. The next session of Couple’s Social Dancing will offer East Coast Swing Level I, Night

Club Two-Step Level II and West Coast Swing Level I, beginning at the end of April. The classes are taught by David and Donna Koring, who have been instructors since 2003. Each class lasts for five weeks and is $65 per couple. Preregistration

is required by April 23. Dates and more information can be found below:

  • East Coast Swing Level I no prior experience necessary

Monday evenings from 7:00 p.m. 8:00 p.m.

April 27, May 4, 11, 18 & June 1. No class May 25.

  • Night Club Two-Step Level II

Tuesday evenings from 7:00 p.m. 8:00 p.m.

April 28, May 5, 12, 19, & June 2. No class May 26.

  • West Coast Swing Level I no prior experience necessary

Friday evenings from 6:30 p.m. 7:30 p.m.

May 1, 8, 15, 22 & June 5. No class May 29.

 

To register, please call 812-485-5725. For more information please visit StMarysEpworth.com/classes.