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VANDERBURGH COUNTY FELONY CHARGES

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 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 Tuesday, February 10, 2015

Andrew Ward      Dealing in Synthetic Drug or Synthetic Drug Lookalike Substance-Level 6 Felony

Theft-Level 6 Felony

Possession of Marijuana-Class A Misdemeanor

Possession of Paraphernalia-Class A Misdemeanor

Possession of Controlled Substance-Class A Misdemeanors (Two Counts)

James Brune          Operating a Vehicle as an Habitual Traffic Violator-Level 6 Felony

Derrick Collins     Theft-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

County Commissioners Executive Session Notice

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The Vanderburgh County Board of Commissioners will meet in Executive Session on Tuesday, February 17, 2015 at 4:00 pm. in room 305 of the Civic Center Complex, 1 NW MLK Jr. Blvd. Evansville, IN, to discuss pending and litigation as permitted by IC 5-14-1.5-6.1(b)(2)(B) and for the purpose of receiving information concerning a County employee’s alleged misconduct pursuant to I.C. 5-14-1.5-6.1(b)(6)(A).

THE RISE OF THE CHARLATANS

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Panel issues 3 opinions on interplay between T.R. 15(C) and 17(F)

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Jennifer Nelson for www.therindianalawyer.com

While the three judges on the Indiana Court of Appeals panel agreed summary judgment was proper for an Indianapolis attorney being sued for defamation and other claims because the statute of limitations had expired, each judge interpreted the interplay between Trial Rules 15(C) and 17(F) differently.

Jeffrey and Cynthia Miller appealed the grant of summary judgment in favor of Ice Miller LLP partner Kristine C. Danz, who practices under the name Kristine M. Camron, in Jeffrey M. Miller and Cynthia S. Miller v. Kristine C. Danz, 49A05-1401-PL-45. Jeffrey Miller, the former president and CEO of Junior Achievement of Central Indiana and president of a separate foundation that supports JACI, sued Danz and many others after the city of Indianapolis decided not to offer him a job in the mayor’s office. Danz, whose husband served as a board chairman for JACI, told her that JACI was going to be audited because of concerns that money designated for a culinary school at JACI was not properly managed. Miller was still with JACI and the foundation when the school was announced, but funding was later stopped over those concerns.

In January or February 2010, Danz told colleague Sarah Cotterill about her husband’s comments because she knew that Miller was up for a position in the mayor’s office and the city may want to inquire further into the matter before hiring him. Cotterill is married to Chris Cotterill, who at the time was Indianapolis Mayor Greg Ballard’s chief of staff. Sarah Cotterill passed along Danz’s comments to her husband, who eventually informed Miller that the city would not be offering him the job.

The Millers filed their complaint on March 31, 2010. They filed several amended complaints, including one filed within the two-year statute of limitations naming “John Doe #8,” a partner at Ice Miller, as a defendant. A year later, in February 2013, the Millers filed a fifth amended complaint naming Danz after deposing Sarah Cotterill.

Danz argued that the statute of limitations had expired regarding the claims filed by the Millers against her, and the trial court agreed. The case required the Court of Appeals to look at how T.R. 17(F) and 15(C) interact.

“The purpose of the doctrine of relation back under current T.R. 15(C) is to strike the proper balance between the basic goal of the Trial Rules to promote decisions on the merits and the policies underlying statutes of limitation, the most significant of which are to provide fairness and finality to defendants. Thus, while T.R. 17(F) liberally allows amendments to pleadings in cases where a previously unknown party was named, T.R.15(C) seeks to ensure that the now-named defendants ‘receive notice of claims within a reasonable time, and thus are not impaired in their defense by evidence that is lost or diminished in its clarity because of the undue passage of time.’ It is T.R. 15(C) that serves to achieve the goals of finality and fairness to defendants,” Judge Ezra Friedlander wrote in the lead opinion.

Judge Melissa May concurred in a separate opinion, writing that T.R. 15(C) doesn’t apply in this case, and that the judgment may be affirmed by the proper application of T.R. 17(F) alone.

“[A]dding a party because there has been a mistake about who should be the proper defendant, is governed by T.R. 15(C). That is not the same situation as giving a name to a previously-unidentified party who is already a ‘John Doe’ defendant. T.R. 17(F) applies when ‘the name or existence of a party is unknown,’ and provides ‘his name may be inserted by amendment at any time.’ Correcting a mistake is not the same as learning an unknown party’s name,” May wrote.

In her concurring opinion, Chief Judge Nancy Vaidik wrote that the lower court should be affirmed because the evidence shows the Millers knew Danz was John Doe #8 as early as March 2010, before they filed their first complaint.

“Our trial rules aim to strike a balance between promoting decisions on the merits and providing closure, finality, and fairness to defendants. I believe that both interests are served by reading a due-diligence requirement into Rule 17(F), recognizing that Rule 15(C) operates as check on Rule 17(F), and acknowledging that lack of knowledge as to a defendant’s identity may constitute a mistake for purposes of Rule 15(C),” Vaidik wrote.

IS IT TRUE February 12, 2015

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IS IT TRUE the suicide numbers for Vanderburgh County are out for 2014 and the news is not as good as was expected from the two months that we went without a single suicide?…there were exactly 50 suicides in Vanderburgh County last year which equates to 27 suicides for every 100,000 members of the population?…the only way to get an appreciation for this number is to compare it to other places?…at a rate of 27 per 100,000, if Vanderburgh County were a country it would have the 3rd highest suicide rate in the world?…the only countries that commit suicide at a higher rate are Lithuania at 31 per 100,000 and South Korea at 28 per 100,000?…this data on countries is taken from the World Health Organization?…as a general guideline the suicide rate for the United States as a whole has been around 11 per 100,000 per year for many years with Indiana and the surrounding counties all falling into that general range?…the lowest rates of suicide by country are Greece, Mexico, and Italy all which have rates that are less than 5 suicides per 100,000 per year?…that this is not the highest number of suicides that have ever happened in Vanderburgh County either with 54 in 2010 equating to a suicide rate of 30 per 100,000 launching Vanderburgh County to a close second behind Lithuania for suicides?…there is no apparent reason for this as Evansville is not particularly different from other Midwestern cities that were built on manufacturing and suffer from outsourcing and infrastructure decay?…the only city in America with a higher suicide rate is Las Vegas which has a rate of 34.5 per 100,000?…the only other city even close to Vanderburgh County is Tucson, AZ at 26 per 100,000?

IS IT TRUE the Indiana House of Representatives Public Policy Committee has approved a resolution to allow package stores to sell alcohol on Indiana on Sundays?…of course this will have to go through the full legislative process to become law and this has not been something that has been possible in the past?…to ban alcohol sales in stores on Sunday and allow it to be sold by the drink in restaurants makes no sense at all because patrons of restaurants have to drive home?…it is archaic laws like this one and the one about no gambling on dry land that continue to make Indiana look like it is governed by the Temperance League refugees from the 1920’s?

IS IT TRUE going back to the suicide statistics, it is also true that if Vanderburgh County were a state it would rank #1 in suicide with a rate that is 24% higher than the #2 State of Alaska that comes in at 21.8 suicides per 100,000 people?…Vanderburgh County has not always had a high rate of suicide?…a study that covered the years from 1979 – 2006 spanning 28 years showed Vanderburgh County ranking #880 among American counties with a suicide rate of 14.4 per 100,000?…the real questions that should be asked are what changed so dramatically to cause Vanderburgh County to go from a place with a slightly above average suicide rate to leading the pack since the turn of the century?

IS IT TRUE your chances of hitting the jackpot and taking home the entire Powerball winnings are extremely small – one in 175 million, according to the Multi-State Lottery Association?…the odds that you’ll take home a smaller prize of $1 million (one in 5 million) or even $100 (one in 12,000)?…if this is not enough to convince you not to indulge in this fool’s fantasy, here’s the math — from real mathematicians:

“If you just want a positive expected rate of return, then our results … say to avoid Mega Millions and Powerball,” wrote two Emory University professors, Aaron Abrams and Skip Garibaldi. Their 2010 paper “Finding Good Bets in the Lottery, and Why You Shouldn’t Take Them” was published by The Mathematical Association of America.

It’s more likely, for example, that you will die in a lightning strike (one in 136,000), or on board a plane (one in 8,000).

It’s far more likely that you’ll crushed by an asteroid that falls out of the sky (one in 700,000)

It’s also more likely that a high school football player will play professionally (one in 1 million).

And it’s far more likely that you’ll be attacked by a shark (1 in 12 million).

There’s nothing wrong with dreaming — about quitting your job or that private island.

But chances are, you’re not going to win.

The Powerball is jackpot is up to $500 million as of Wednesday morning.

The take-home cash value is estimated at about $337.8 million.

Please take time and vote in todays “Readers Poll”
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Arrest Made in Pedestrian Crash

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On Wednesday at approximately 2:52 AM the Sheriff’s Office responded to a crash involving a white Toyota Camry and a pedestrian. Sheriff’s deputies found a pedestrian, who was later identified as Mr. Darrell Asbridge, lying in the roadway unconscious.

The Sheriff’s Office spoke to the driver of the vehicle, who explained that he had been drinking at a local bar and then gave a friend a ride home when the crash occurred. Mr. Dant indicated that he had been traveling west on Upper Mount Vernon Road when he struck a pedestrian, who was reportedly walking westbound. Mr. Dant explained that he stopped his vehicle and immediately called 911.

The investigating deputy noticed signs of impairment when speaking to Mr. Dant. In accordance with state statute, Mr. Dant was asked to submit to a chemical test for intoxication. Mr. Dant consented to testing and a blood sample was collected at Deaconess Hospital. Preliminary testing indicated that Mr. Dant’s blood alcohol content (BAC) was over two and a half times the legal limit of .08. A blood sample will be sent to the Indiana State Department of Toxicology for confirmatory testing.

Mr. Asbridge was severely injured and is currently undergoing treatment at Deaconess Hospital. The investigation is ongoing as detectives reconstruct the crash scene and gather additional evidence.

Arrested:

Connor Bryant Dant (pictured above), 29, of Evansville. Operating a Motor Vehicle while Intoxicated Causing Serious Injury as a Level 5 Felony

Injured:

Darrell Wayne Asbridge, 56, of Evansville.

 

Evansville man arrested after car chase. One suspect still at large.

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
An officer tried to stop a car near Hwy 41 and Covert for a traffic violation. The driver refused to stop and led the officer on a chase through several south side neighborhoods. The chase ended when the driver lost control and struck the front porch at 830 Madison.

The unidentified driver and Thomas ran from the crash scene. Thomas was caught after a foot chase. The driver remains at large. The car involved in the chase had been reported stolen on February 10th. Thomas was charged with trespass and resisting law enforcement.
Thomas was arrested for trespass on December 27th, 2014 after he was caught riding in another stolen car. Because several handguns were found in the car during that incident, he was also charged with possessing a handgun without a permit.
Anyone with information on the driver in today’s incident is asked to call EPD.

Indiana State Police Recover Stolen Vehicle in Vincennes, Two Vincennes Men Arrested

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

Indiana State Police received information yesterday that a stolen 2000 GMC pickup truck was possibly in the Vincennes area.  At approximately 6:20 p.m., Trooper Brad Mull spotted the vehicle in a parking lot near the Fast Break Marathon gas station located on 6th Street at Executive Blvd.  The driver was identified as Trevor D. Pritchard, 19, of Vincennes.  A passenger was identified as Brandon M. Weber, 27, of Vincennes.  During a search of the vehicle troopers found a syringe and drug paraphernalia.  Further investigation revealed the vehicle had been reported stolen approximately two-weeks ago from Ferdinand. Pritchard and Weber were arrested and taken to the Knox County Jail where they are currently being held on bond.

 

Arrested and Charges:user29376-1423667016-media1_bac4b8_240_160_PrsMe_

  • Trevor D. Pritchard, 19, 1030 South 18th Street, Vincennes, IN
  1. Auto Theft, Level 6 Felony
  2. Possession of a Syringe, Level 6 Felony
  3. Possession of Drug Paraphernalia, Class A Misdemeanor

 

  • Brandon M. Weber, 27, 504 East Locust Street, Vincennes, IN
  1. Possession of a Syringe, Level 6 Felonyuser29376-1423667018-media2_a9b2af_240_160_PrsMe_
  2. Possession of Drug Paraphernalia, Class A Misdemeanor

Photo 1: Pritchard

Photo 2: Weber

Public help sought in the identification of pedestrian who was struck by a motor vehicle.

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The Sheriff’s Office is investigating a serious bodily injury crash that occurred during the early morning hours of Wednesday, February 11, 2015. At approximately 3:00 AM the Sheriff’s Office responded to the 4400-block of Upper Mount Vernon Road upon report of a pedestrian being struck by a motor vehicle.

The pedestrian was severely injured and is currently undergoing treatment at Deaconess Hospital. The pedestrian has yet to regain consciousness and has not been identified. The pedestrian is described as white male, 30 to 50 years of age, heavyset, with “salt and pepper” hair. The pedestrian is also described as having a pre-existing “left arm deformity”. The pedestrian was wearing only athletic shorts at the time of the crash. Anyone with information regarding the identity of the pedestrian is asked to contact the Sheriff’s Office at 812-421-6339.

The driver of the involved motor vehicle is being questioned by the Sheriff’s Office and the crash remains under investigation. More details will be released in a subsequent media release.

Pictured above: Approximate location of crash (image courtesy of Google Maps)

 

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.