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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 Tuesday, October 28, 2014

Sean Bazzard                     Domestic Battery-Level 6 Felony
Criminal Trespass-Class A Misdemeanor

Ryan Cashen                      Intimidation-Level 5 Felony
Possession of Paraphernalia-Class A Misdemeanor

Kyle Burgess                      Auto 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

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

Evansville Police set for Accreditation review

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A team of assessors from the Accreditation for Law Enforcement Agencies, Inc. (CALEA) will arrive on November 2, 2014 to examine all aspects of the Evansville Police Department’s policy and procedures, management, operations, and support services.

Verification by the team shows that Evansville Police Department meets the Commission’s state-of-the-art standards. This is part of a volunteer process to gain accreditation – a highly prized recognition of public safety professional excellence.

As part of the on-site assessment, agency employees and members of the community are invited to offer comments at a public information session on Monday, November 3, 2014 at 6:00pm. The session will be conducted in room 307 of the Civic Center.

If for some reason an individual cannot speak at the public information session but would still like to provide comments to the assessment team they may call 812-435-6104 on Monday, November 3, 2014 between the hours of 2:00pm-4:00pm.

Telephone comments as well as appearances at the public information session are limited to 10 minutes and must address the agency’s ability to comply with CALEA’s standards. A copy of the Standards is available at the Evansville Police Department, Sergeant Richard Hubbard, Accreditation Manager at the Chief’s Complex 812-436-7896

Anyone wishing to submit written comments about the Evansville Police Department’s ability to comply with the standards for accreditation may send them to:

Commission on Accreditation for Law Enforcement, Inc. (CALEA),
13575 Heathcote Boulevard, Suite 320
Gainesville, Virginia 20155
or email calea@calea.org.

The Evansville Police Department has to comply with 381 standards in order to remain accredited, Chief Billy Bolin said. “This process demonstrates to the community and to agency personnel that the Evansville Police Department continues to pursue professional excellence”.

The CALEA Program Manager for Evansville Police Department is Mrs. Christie Goddard. Mrs. Goddard said the assessment team is composed of public safety practitioners from similar, but out-of-state agencies. The assessors will review written materials, interview individuals, and visit offices and other locations where compliance can be witnessed.

The assessors are:

Lead Assessor:
Richard Mattice, Chief
Kentwood Police Department
Hudsonville, MI

Assessor:
John Clifton, Major
Johns Creek Police Department
Johns Creek, GA

“Once the CALEA Assessors complete their review of the agency, they will report back to the full Commission, which will then decide if the agency is to be granted accredited status” Program Manager Mrs. Christie Goddard stated.

Accreditation is for three years, during which the agency must submit annual reports attesting continued compliance with those standards under which it was initially accredited.

If you would like to have more information, you may contact:

Commission on Accreditation for Law Enforcement, Inc. (CALEA),
13575 Heathcote Boulevard, Suite 320,
Gainesville, Virginia 20155
703-352-4225 or email calea@calea.org.

You may also visit the CALEA website at www.calea.org for more information.

Justices reverse judgment for defendants in suit involving student’s death

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Jennifer Nelson for www.theindianalawyer.com

The Indiana Supreme Court has ordered further proceedings in a negligence lawsuit filed by the parents of a special needs student who died after choking on her lunch at school. The justices found there are questions as to whether the parents complied with tort claim notice requirements, so judgment in favor of the defendants is not proper.

Megan Lyons was a 17-year-old student at Richmond High School when she choked on food while eating. She had Down Syndrome and was severely disabled, so the school had a safety plan in place for her. Part of it included having someone monitor her while she eats because she tended to swallow food whole and shovel food into her mouth.

On the day she choked, a different paraprofessional was assigned to supervise her and did not know to cut up her food. Megan began to choke and staff attempted to clear her throat by pounding on her back. Staff did not immediately call 9-1-1 nor attempt the Heimlich maneuver or CPR. Eventually her airway was cleared and she was taken to the hospital. Megan died three days later.

The school’s food services coordinator told cafeteria worker Rhonda Swearingen and three others who witnessed the incident that they would be fired if they spoke to anyone about the incident. Nearly 10 months later, Swearingen contacted Megan’s father, Michael Lyons, and told him that “things were not done properly” during the emergency. On Jan. 11, 2010, more than a year after Megan’s death, the Lyonses filed a notice of tort claim, then sued the school corporation and various staff members, alleging negligence, wrongful death and federal civil rights violations.

The trial court ruled in favor of the defendants, but a divided Court of Appeals ruled the defendants were only entitled to summary judgment on the federal claims. The decision was affirmed on a rehearing sought by the school.

The justices summarily affirmed the COA on several claims, including that summary judgment on the state law claims was inappropriate and that material issues of fact remain as to whether the discovery rule should apply to excuse the Lyonses’ noncompliance with the ITCA notice requirement.

Justice Mark Massa also noted based upon the record, a factfinder could reasonably find the defendants committed active fraudulent concealment.

The justices offered suggested jury instructions for the trial court to handle the application of the discovery rule. The COA ruled that it was a question of fact for the jury, but on rehearing said it was a question of law for the trial court. The justices agreed on both counts. The question of whether a plaintiff has complied with the requirements of the ITCA is one of law, but the answer may depend on the resolution of disputed facts.

Massa also suggested perhaps the General Assembly should consider the issue of whether there should be a public policy favoring disclosure of student information to parents.

“Finally, although we are sympathetic to the Lyonses’ public policy arguments, we must decline their invitation to establish a completely new legal duty here. But we encourage our General Assembly, charged with making policy for our state, to consider this issue carefully. It may be that, in this age of near-universal and compulsory education, when our schools provide myriad counseling, physical therapy recreation, and special needs assistance for our children, they should be required to disclose vital information about a student to the persons most intimately concerned—the student’s parents,” he wrote.

Re-enactment of Berlin Airlift Candy Bomber

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Oct. 30, 8:15 a.m. and 2 p.m.
Reitz High School, outside near the Link (where you enter the building)

Students in Laura Lockyear’s 9th grade English class are now reading a book about the United States Air Force pilot dubbed “The Candy Bomber.” The book tells the story of Col. Gail S. “Hal” Halvorsen and how he would drop chocolate bars tied to handkerchiefs from his airplane to children who were essentially starving due to Berlin being blocked off by Russia during the Berlin Airlift. The event was called Operation Little Vittles after being approved by the Lt. General for expansion – and the American public got involved and donated two tankers full of chocolate and handkerchiefs.

Tomorrow, as a prelude to Veteran’s Day coming up and to re-enact this famous event in history and showcase the book the students are reading, Media Specialist Robert Hammonds will drop chocolate parachutes from the roof of Reitz to the class waiting below.

Oakland City Councilman Charged with Obstruction of Justice

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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 initiated a criminal investigation in August after receiving information that Oakland City Councilman Darrell Corn, 74, of Oakland City, allegedly bribed an Oakland City police officer.

During the course of the investigation, Indiana State Police Detective Tobias Odom revealed Corn allegedly met with an Oakland City police officer on August 20 and offered him $500 to drop minor consumption charges against his grandson. The Oakland City police officer refused and immediately contacted his chief and the incident was reported to the Indiana State Police.

After reviewing the investigation, a special prosecutor filed a criminal charge of obstruction of justice against Corn. Today he appeared in Gibson County Superior Court and pled guilty to the charge.

Off-Duty Trooper Stops Extremely Intoxicated Driver; BAC .36%

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

Wednesday afternoon at approximately 1:30, Sergeant Bill Gadberry was off-duty and driving his fully marked Indiana State Police car on S.R. 61 East of Monroe City. Gadberry observed a 1997 GMC Yukon weaving and driving left of center on several occasions. Gadberry activated his emergency lights and stopped the vehicle on S.R. 61 near Mt. Zion Road. When Gadberry approached the vehicle he immediately detected a strong odor of an alcoholic beverage and noticed the driver was extremely intoxicated. The driver was identified as Bradley Abrassart, 61, of Monroe City. Further investigation revealed he had a blood alcohol content of .36%. He was arrested and taken to the Knox County Jail where he is currently being held on bond.

Informative publications are available online or direct from the Statehouse

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STATEHOUSE – I am proud to note that the Indiana House Democratic Publications Office strives to provide helpful and accurate information through a variety of booklets, pamphlets and handouts.

      Among their most popular offerings by far is a series of booklets that provides guidance and information related to our state government as well as issues of interest to the citizens of Indiana.

I am sending this email to ensure that you are aware of these valuable online resources and to give you the information you will need in order to access these publications.

It’s really very simple: point your browser to the Publications & Newsletters link on my website to access these publications:

  • Indiana Veterans Benefits Guide
  • Guide to Indiana State Agencies
  • Higher Education in Indiana
  • In Case of Emergency
  • An Information Guide for Senior Citizens
  • Consumer Protection Guide
  • Hoosier Fun & Facts (Indiana government and history in a format designed especially for kids!)

If you need a quantity of these publications, a limited number may be provided. Just contact me using the contact information at the bottom of this email and explain the situation.

Please forward this email to anyone you feel might share an interest in this information. Thank you in advance.

IS IT TRUE October 30, 2014

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IS IT TRUE it is now the day that Mayor Winnecke has called upon the City Council to attend a special meeting to once again attempt to pass a budget for the City of Evansville for 2015?…the day has already been changed to tomorrow at 2 o’clock to accommodate a Department of Local Government Finance requirement?…the City County Observer thinks this is an appropriate action and encourages the Council to convene as the Mayor has requested?…the Mayor furthermore called his department heads together to admonish them to be highly competent with respect to their individual budgets in preparation to defend them when called upon to do so?…we hope he also asked them to try to find some further cuts to help in the process of reaching a budget that will pass?…we do hope that Mayor Winnecke is prepared to defend the revenue projections that are the basis for this whole budget fiasco?…the age old political maneuver of over estimating revenue to get a faux budget passed and to make up for the difference by either borrowing or depleting reserves has reached the end of its rope?…we do hope that cognizant thought rules the day and that Evansville passes a budget for 2015 that allows the city to live within its means?

IS IT TRUE the CCO did take the opportunity to pull up the two years of financial records during the Winnecke Administration to attempt to settle the dispute between Mayor Winnecke and City Council President John Friend about the reality of the reserve balances?…these numbers are from the master account schedules that have been audited by the Indiana State Board of Accounts (SBOA) for the years 2012 and 2013?…there are 76 individual accounts that are on the master account schedule for the City of Evansville with some holding restricted funds and others being operating funds?…the best and simplest measure to assess whether or not a particular budget was balanced for a given year is to compare the beginning overall balance of the 76 accounts to the ending balance?…for the 2012 fiscal year there was a decline in the aggregate balances of the 76 accounts of $9.92 Million?…for the 2013 fiscal year there was a decline in the aggregate balances of the 76 accounts of $5.71 Million?…for the first two years of the Winnecke Administration the 76 accounts therefore declined by a total of $15.63 Million thus proving Councilman Friend’s assertion that spending has exceed revenue and that the cash flow under Mayor Winnecke has been negative?…we repeat that this $15.63 Million in declining balances are audited results by the SBOA?

IS IT TRUE we have been provided with unaudited results that provide the aggregate cash balance of the 76 accounts as of September 30, 2014 and the reserve balance has been depleted by an additional $21.77 Million since New Year’s Day?…this being the case the total reserve depletion since the day Mayor Winnecke took office is now $37.4 Million and sinking daily?…we suspect that some of the unaudited portion from this year will be made up for by additional revenues from the November property tax collections, but the trend is clearly downward and the operating cash flow has never been balanced under Mayor Winnecke?…there is one possibility that the Mayor is correct in his assertions and that is if and only if the audits are off by $15.6 Million and the books to date for 2014 are off by $21.77 Million?…the chances of that being true rank right up there with a snowball’s chances in hell?

IS IT TRUE we truly hope that the Gods of Arithmetic will shine a light on the Civic Center and help Mayor Winnecke realize that the reserves really have been depleted as the audit record indicates?…we hope that realism prevails and that a budget that conforms to a true revenue expectation can be reached?…we also hope to see the childish threats from Mayor Winnecke threatening layoffs and delayed sewer projects will cease?…the numbers presented thus far do not include the Sewer and Water Utility so threatening to delay sewer projects over the 76 accounts in questions is not only misinformed, it is intentionally distracting from the task at hand?…it is time for the Kindergarten class to do its job?…the CCO and many others will be watching?

2014 EVSC TOP ADMINISTRATORS SALARIES WITH PERKS

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Yesterday the City County Observer received an anonymous e-mail concerning the salaries schedule that EVSC Administers and their support staff were paid in 2014.  Attempts are being made to get copies of the 2015 salaries schedule that EVSC Administrators received.

We also intentionally left the names of the EVSC employees out of this report because we felt that job titles and income schedule was appropriate.

It’s important to point out were told that the EVSC Superintendent may also receive an extensive travel allowance, clothing perks and health insurance package not listed in this report.   We also didn’t see any reference concerning that any other top administrator receive any car allowance, travel stipend or school system paid health insurance in this salary schedule.

We also have been told by reliable sources that the powers that be are going to do everything in their power to keep the City County Observer from getting the EVSC 2015 salaries for top administers.  We are told that they don’t want this information made public until after next weeks general election.

We were also told that if you will ad a 2% increase to the 2014 salary schedule it will give you an idea what the EVSC top administrators are making in 2015.

ATTACHED BELOW IS THE LINK OF 2014 EVSC TOP ADMINISTRATORS SALARIES

evsc-salaries-10.2014

THIS ARTICE WAS POSTED WITHOUT BIAS, OPINON.

IS IT TRUE Part 2 “who appointed Jay Carter to the ERC?”

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Snegal: Sneaky but Legal

The recently convicted Jay Carter was first appointed to the ERC in January 2011 by the Evansville City Council during the last year of the Weinzapfel Administration.

The Evansville Redevelopment Commission,  a five-member board with appointees by both the mayor’s office and City Council has been at the center of controversies such as the continuing saga of the choice of a developer for a downtown convention hotel, the McCurdy parking lot debacle, and other local high dollar public works projects like the Ford Center. The ERC deals with planning and construction within the city’s redevelopment area including Downtown Evansville and the Front Door Pride area.

There are no formal requirements for knowledge of either construction or finance required for being appointed to the ERC.  All you have to be is committed to be a rubber stamp to whom appoint you to this board.

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