EPD Activity Report
New tactic to treat substance abuse
Over the last few years, we have seen an increase of individuals abusing opioids, which are medications to relieve pain like morphine or hydrocodone. More often, habitual opioid users, who are struggling with addition and need help, are ending up in the judicial system, which costs time, money and energy.
What typically happens is that some of the individuals that end up in the courts and are released, return shortly after with the same drug abuse related charges. It is apparent that something needs to be done to address this issue and help those struggling with opioid abuse, get the help they need.
That is why I authored House Bill (HB) 1195 this session. This legislation, which has been assigned to the Courts and Criminal Code Committee, would provide addictions counseling, impatient detoxification or Vivitrol as a possible condition of parole, probation, community corrections pretrial diversion or part of a problem-solving court.
Pet of the Week
Ellie is a 3-year-old female red pitbull! She is a petite & stocky little girl who looks like a young puppy, but is actually fully-grown. This means she’s fully housetrained and ready to find her forever home! Ellie is not a fan of cats, but sometimes does okay with other dogs. She is currently in foster care to get out of the stressful shelter environment, so she can practice being the perfect couch potato for her adoptive family! Please call (812) 426-2563 to set up a visit with Ellie. Her $100 adoption fee includes her spay, registered microchip, vaccines, heartworm testing, and more!
ILNEWS Restaurant not entitled to return of insurance proceeds seized
Jennifer Nelson for www.theindianlawyer.com
A Mexican restaurant that is part of a chain which has been under investigation by Marion and Tippecanoe county officials will not have insurance funds seized from a bank account returned, the Indiana Court of Appeals ruled Thursday.
The Tippecanoe County Prosecutor’s Office served a warrant in November 2013 for seizure of El Rodeo No. 11’s funds in a PNC bank, which consisted of nearly $1 million in insurance proceeds following a fire that destroyed the Greenfield location. After that prosecutor’s office obtained the funds, the Marion County Prosecutor’s Office got a court order to freeze the restaurant’s PNC account, but at that point the balance was zero.
Earlier this year, civil lawsuits were filed in Tippecanoe and Marion counties, accusing the owners of the El Rodeo restaurant chain and others involved with the business of illegally obtaining millions of dollars. The owners of the chain recently agreed to plead guilty to criminal theft charges and forfeit more than $4.5 million for failing to report accurate sales figures to the state.
El Rodeo No. 11 sought a return from Marion County of the $967,840.81 seized by Tippecanoe County officials. Marion County then filed a motion to dismiss the restaurant from its forfeiture complaint since the Tippecanoe County Prosecutor’s Office had possession of the money and also filed a forfeiture complaint against it.
The trial court denied Marion County’s motion to dismiss and granted the restaurant’s request that Marion County turn over the seized funds. On interlocutory appeal in State of Ind., Consolidated City of Indianapolis/Marion Co., et al. v. El Rodeo #11, LLC, 49A05-1406-MI-257, the Court of Appeals reversed.
The money was seized by and located in Tippecanoe County when the Marion County Prosecutor’s Office sought forfeiture of it; therefore, it could not meet the statutory requirements for filing a forfeiture complaint under I.C. 34-24-1-3 or 34-24-2-2, wrote Judge Paul Mathias. And because El Rodeo No. 11’s funds were not located in Marion County, the trial court should have granted the county’s motion to dismiss.
In addition, El Rodeo No. 11’s request for the seized funds is moot because Marion County cannot produce funds that it does not and never possessed, Mathias continued. Tippecanoe County is not a named party in the case, and the judges disagreed with the restaurant’s assertion that it does not matter which prosecutor’s office is holding the funds because the “agency holds it by and under the laws of the State of Indiana.â€
The judges remanded for further proceedings, including instructions to grant Marion County’s motion to dismiss its forfeiture complaint.
THE SUPERCILIOUS BOWL by Jim Redwine
Gavel Gamut
By Jim Redwine
(Week of 02 February 2015)
THE SUPERCILIOUS BOWL
New England 34, Seattle 31. No, not the score of the Super Bowl, but the number of inches of snow in New England and the number of times some ditzy commentator will gush over Richard Sherman’s rude comments.
As I am writing this column before Sunday, February 01, 2015, these truly are predictions. Further, I predict the state of Arizona will buy a Super Bowl commercial touting the tender mercies of Sheriff Joe Arpaio. Oh, wait a minute. Arizona has already paid to have Arpaio’s face on a Times Square “JumboTronâ€. Sheriff Joe, better known as the Godfather of Maricopa County, or perhaps law enforcement’s bad penny, solemnly chastises us, in advance of even stepping foot into Arizona to, “Enjoy our state, obey all laws and be safe.†Joe’s own scoffing at federal immigration laws is not mentioned.
One hundred million viewers, including Peg and me, will spend an entire day watching sweaty millionaires display the benefits of a college education. Who knew all those nights not spent in the library would be so lucrative? I remember trying to explain to my parents why such subjects as algebra and English were interfering with my opportunity to invest in my future and pointing to such wealthy intellectuals as Broadway Joe Namath as proof. My folks were so misguided. They kept concentrating on my time in the forty-yard dash. I found this short sighted. Their view of my football talent clouded their ability to see my true potential. This was also a flaw of my coaches.
Ah, well, that was then and New England versus Seattle is now. Let’s you and I address the relative merits of Tommy Terrific and Russell Wilson. You will note that Wilson has no nickname. He also has no model for a wife nor does he have millions of starry-eyed teenage girls who don’t know a deflated football from an over inflated ego to swoon over him. Russell isn’t that cute. Oh, he can play football and bring forth last second victories from impossible odds, but he looks like your plumber. Forget him. Brady is to quarterbacks what John Kennedy was to presidents. Who cares what he does as long as he looks great doing it?
On the other hand, Russell Wilson is aptly named; much as the steady, loyal quiet friend of Tom Hanks in The Castaway. No drama no pizazz, no east coast media frenzy, just results.
So here are my real predictions made pre-XLIX: Tom Brady will whine about the hot Arizona weather messing up his hair and Russell Wilson will pull off a victory in the final two minutes.
Stephanie Brinkerhoff-Riley Calls West Sector Police Office Re-location Mistake
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Evansville Woman Arrested during Traffic Stop for Possessing Meth and Synthetic Marijuana
At approximately 12:15 Thursday morning, Trooper Manning stopped the driver of a 1986 Dodge on SR 57 at 18th Street in Petersburg for having expired registration. The driver was identified as Ashea Autry, 33, of Evansville. During the traffic stop it was determined Autry had a suspended driver’s license. During a search of the vehicle officers found small amounts of crystal meth, synthetic marijuana and drug paraphernalia. Autry was arrested and taken to the Pike County Jail where she is currently being held on bond.
Arrested and Charges:
- Ashea Autry, 33, 310 Ramsey Court, Evansville, IN
- Possession of Methamphetamine
- Possession of Synthetic Marijuana
- Possession of Paraphernalia
- Driving While Suspended
Vanderburgh County Recent Booking Records
EPD Activity Report
Trooper Applies Tourniquet to Injured Vincennes Man
Trooper Brad Mull applied a tourniquet to the arm of a Vincennes man last night and potentially saved his life. The Vincennes man was injured during a confrontation with three unknown men.
Last night at approximately 8:25, Indiana State Police and Vincennes City Police responded to Huck’s Convenience Store located at the corner of St. Clair and Washington Avenue in Vincennes after receiving a 911 call regarding a seriously injured person on their property.
Preliminary investigation revealed a 30-year-old male and a 24-year-old female were walking together on a street near their residence in Vincennes when a blue Jeep Liberty passed by. A male inside the vehicle allegedly yelled at the female. After a brief verbal confrontation, the vehicle drove away. The married couple continued to walk until they arrived home on 14 ½ Street. They soon noticed the Jeep Liberty was outside their residence. When the husband opened the front door the three men allegedly attacked him. The wife was also struck after she went outside to assist her husband. During the struggle the glass storm door broke and severely injured the husband’s arm. The three men fled the scene. The couple’s cell phones were not working and they had to walk to Huck’s to call 911.
Troopers are seeking the public’s assistance in identifying the three white men or any information concerning the blue Jeep Liberty. All three men are believed to be between the ages of 25-30. Anyone with information regarding this incident is encouraged to contact the Indiana State Police at 1-800-852-3970. Anyone with information can remain anonymous.