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Court must consider man’s self-defense claim at new bail hearing

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Jennifer Nelson for www,theindianalawyer.com

A defendant accused of murder must be allowed to present evidence and witnesses at a bail hearing in an endeavor to rebut the state’s burden that the defendant likely committed murder, the Indiana Court of Appeals held Thursday. Since that did not happen in James Satterfield’s case, the judges remanded the matter for further proceedings.
Satterfield was charged with murder after shooting and killing Andre Brown, the friend of the prostitute Satterfield was with at the time of the shooting. Satterfield and Maegan Biddle were in Satterfield’s parked car when he saw a man approach it and open the door Satterfield said he had locked. That man – Brown – was holding a shiny object. Satterfield grabbed his gun and fired one shot that struck Brown. Satterfield is licensed to carry a gun.
He turned himself in after learning of Brown’s death and sought to be released on bail. He claimed he shot Brown in self-defense, but the judge denied his motion.
In James Satterfield v. State of Indiana, 49A02-1409-CR-659, the appeals court determined that even though Satterfield forfeited his right to appeal when he failed to timely file a notice of appeal, based on In the Matter of Adoption of O.R., 16 N.E.3d 965, 971 (Ind. 2014), his case deserved a determination on the merits.
In 2013, the Indiana Supreme Court reversed nearly 150 years of precedent regarding bail in Fry v. State, 990 N.E.2d 429, 435 (Ind. 2013).  The justices shifted the burden of proof from the defendant to the state to show that in the murder case either the proof is evident or the presumption is strong that the defendant committed murder.
“In light of this reassessment of the burden of proof in bail hearings, we are called upon today to determine whether a defendant is allowed to present evidence of an affirmative defense to rebut the State’s strong presumption that the defendant more likely than not committed the murder (or treason) accused of,” Judge Patricia Riley wrote.
“While Satterfield answered this issue of first impression in the affirmative and suggests that we should impose on the trial court a requirement to assess a defendant’s justifiable defenses during a bail proceeding, the State maintains that ‘[p]ossible defenses have no bearing on the bail issue.’ We disagree.”
The judges looked at cases dating back to the Civil War for guidance as to the nature of evidence admissible in bail proceedings and reaffirmed a defendant’s right to present exculpatory evidence as to his or her culpability during a bail proceeding and the trial court’s duty to take this evidence into account when considering a request for bail.
Since the trial court refused to weigh any evidentiary facts alluding to possible self-defense, the judges sent the case back to the trial court to conduct a new bail hearing in accordance with this opinion.

ST. MARY’S CENTER FOR CHILDREN ANNOUNCES AUTISM SERVICES SCHOLARSHIPS

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St. Mary’s Center for Children is offering four $1,000 scholarships for the upcoming year for children diagnosed with autism spectrum disorders. All families in the region are encouraged to apply, and selections will be based on financial need. Scholarships will be used to offset costs for speech/language, occupational, physical, and/or developmental therapy that are not covered by insurance. To be eligible, services must be provided through Easter Seals Rehabilitation Center. Applications must be turned in by April 30, 2015.

Applications can be obtained in person at St. Mary’s Center for Children located at 3900 Washington Avenue in Evansville, or online at the following link: http://www.stmarys.org/autism-scholarships

This scholarship is funded in part from proceeds of the annual Crop-Paper-Scissors scrapbooking and craft event, held this year at the St. Mary’s Manor on Saturday, April 25th.

Please contact Kelly Shaw at 812-485-4419 for further information about the scholarships or to reserve a spot at the scrapbooking event.

Air Quality Forecast

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Air quality forecasts for Evansville and Vanderburgh County are provided as a public service.  They are best estimates of predicted pollution levels that can be used as a guide so people can modify their activities and reduce their exposure to air quality conditions that may affect their health.  The forecasts are routinely made available at least a day in advance, and are posted by 10:30 AM Evansville time on Monday (for Tuesday through Thursday) and Thursday (for Friday through Monday).  When atmospheric conditions are uncertain or favor pollution levels above the National Ambient Air Quality Standards, forecasts are made on a daily basis.

Ozone forecasts are available from mid-April through September 30th.  Fine particulate (PM2.5) forecasts are available year round.

Friday
April 17		 Saturday
April 18		 Sunday
April 19		 Monday
April 20		 Tuesday
April 21
Fine Particulate
(0-23 CST avg)
Air Quality Index		 good good good good good
Ozone
Air Quality Index		 NA* NA* NA* NA* NA*
Ozone
(peak 8-hr avg)
(expected)		 NA* NA* NA* NA* NA*

* Not Available and/or Conditions Uncertain.

Air Quality Action Days

Ozone Alerts are issued by the Evansville EPA when maximum ozone readings averaged over a period of eight hours are forecasted to reach 76 parts per billion (ppb), or unhealthy for sensitive groups on the USEPA Air Quality Index scale.

Particulate Alerts are issued by the Evansville EPA when PM2.5 readings averaged over the period of midnight to midnight are forecasted to reach 35 micrograms per meter cubed (µg/m3).

Forecast statistics documenting the reliability of these air quality forecasts are compiled on a monthly, seasonal (May through September for ozone), and an annual basis.  Compilations of these statistics are reported in Vanderburgh County Health Department’s Annual Report and available on request.

Current conditions of OZONE and FINE PARTICULATE MATTER are available in near real-time on the Indiana Department of Environment Management’s website.

National and regional maps of current conditions are available through USEPA AIRNow.

Suspect in Wednesday hit and run arrested on multiple charges

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
 

Evansville Police have arrested 22 year old TRAVIS COX on multiple charges after he fled the scene of an accident on Wednesday night.
Police were called to the area of Tropicana on Riverside Dr around 8:30pm for a report of a pedestrian being hit by a truck. The driver of the truck, COX, left the roadway and drove onto the Greenway Passage and struck the pedestrian. COX never stopped after hitting the pedestrian and fled eastbound. He struck several small trees and a light pole on the Tropicana property before he continued fleeing on Riverside Dr.
The pedestrian, 47 year old Conrad DeJesus, was taken to a local hospital with life threatening injuries.
A witness followed COX and saw him drive through a road closed barricade on Waterworks Rd near Marina Point. Officers located COX in the Ohio River floodwaters and took him into to custody. COX appeared to be intoxicated.
COX was uncooperative with officers and refused to submit to any testing to determine his impairment. After obtaining a warrant, officers determined COX had a blood alcohol level of .27%, over three times the legal limit to operate a motor vehicle.
COX is in the Vanderburgh County Jail on the following charges:
Criminal Recklessness/ Aggressive Driving
OMVWI with Serious Bodily Injury .274BAC
OMVWI Refusal to submit to test
Hit and Run with Serious Bodily Injury
Aggressive Driving at an Unreasonable Speed

There is not an arrest photo for COX at this time

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.

http://www.vanderburghsheriff.com/recent-booking-records.aspx

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.

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