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EPD Activity Report November 4, 2014
Impaired Driver Disregards Stoplight and Injures Evansville WomanÂ
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This afternoon at approximately 1:15, a suspected impaired driver disregarded a traffic signal at US 41 at Baseline Road and injured an Evansville woman.Â
Preliminary investigation revealed Reinaldo D. Castro, 34, of Tampa, FL, was driving a 2015 Nissan Altima northbound US 41 when he disregarded a red traffic signal and collided into a 2008 Nissan that was traveling westbound on Baseline Road. The driver, Sandi Hillenbrand, 62, of Evansville, was taken to Deaconess Hospital where she is currently being treated for non-life threatening injuries. Further investigation revealed Castro was impaired. He was taken to the Vanderburgh County Jail where he refused to submit to a chemical test. Castrol was arrested and is currently being held without bond.
Arrested and Charges:
• Reinaldo D. Castro, 34, Tampa, FL
1. Driving While Intoxicated Causing Serious Bodily Injury, Level 6 Felony
2. Driving While Intoxicated – Refusal
3. Disregarded Traffic Control Device
Investigating Officer: Master Trooper Randy Huddleston, Indiana State Police
DCS Supervisor’s Testimony did not sway case against ather
Marilyn Odendahl for www.theindianalawyer.com
Allowing a child services supervisor’s hearsay testimony about a father’s fitness to retain his parental rights was, at most, a harmless error, the Indiana Court of Appeals has ruled.
Allen County Department of Child Services Supervisor Heather Rouns testified at the trial to terminate H.B.’s parental rights to his son, D.B.M. She told the court the father had stopped communicating with her office and had not given the agency a valid address.
H.B.’s attorney objected, arguing the supervisor’s testimony was hearsay.
The agency’s counsel countered that Department of Child Services employees routinely rely on hearsay when monitoring parents. It is an acceptable hearsay because it is part of their job.
After the Allen Superior Court terminated H.B.’s parental rights, he appealed, again raising the issue that the supervisor’s testimony was inadmissible hearsay.
The Court of Appeals affirmed the trial court’s ruling in In the Matter of the Termination of the Parent-Child Relationship of D.B.M. (minor child) and H.B. v. Indiana Department of Child Services, 02A03-1405-JT-171.
The unanimous panel noted the supervisor’s testimony supported the other evidence presented. She reiterated the testimony of the case worker and the guardian ad litem that the father had not spent any time with D.B.M and that D.B.M. was thriving in his foster-care placement.
Even if the supervisor should not have been allowed to testify, her testimony was cumulative of the other evidence, making any error a harmless one.
The court noted it could not examine whether exceptions for public or business records applied because an evidentiary foundation was not laid on the issue.
Thank You from Tom Spangler
To everyone who has supported, contributed to, or volunteered for my campaign: thank you. It has been an exciting journey, one that I never imagined myself taking. People often ask me what it’s like on the campaign trail, what an average day looks like. The truth? There is no average day. Things are constantly changing and every experience is a new one.
I would also like to thank you all for your thoughts and prayers for my wife, Penny, over the last few weeks. She is doing much better and has once again been working hard for me along the way.
Please do not forget to vote tomorrow, and remember that you have an opportunity to change Congress. You can send a message to Washington, D.C. that big money does not buy your vote.
Sincerely,
Tom Spangler
Posted by the CCO without opinion, editing or bias
VANDERBURGH COUNTY FELONY CHARGES
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 Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Friday, October 30, 2014
Michael Scott   Possession of Methamphetamine-Level 6 Felony
Resisting Law Enforcement-Class A Misdemeanor
Justin Stute       Domestic Battery-Level 6 Felony
Kathryn Mason Battery against a Public Safety Officer-Level 6 Felony
Vicki Welborn  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.
Community: Evansville man arrested after fleeing from police during a car stop
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Evansville Police arrested 29 year old TERRENCE HAYDEN on numerous charges after he fled from officers during a car stop.
At 1:20pm Sunday, police attempted to stop Hayden in the area of Sweetser and Shadewood. Hayden had committed several traffic violations. Hayden failed to stop and led officers on a brief car chase.
Hayden crashed in the 1800 block of Shadewood and then ran from the scene. He was caught after a short foot chase and taken into custody.
Hayden was arrested for Being a Habitual Traffic Violator (Suspended for Life), Resisting Law Enforcement (2 Counts), Failure to Stop at a Stop Sign, Speeding, and Failure to Signal a Turn.
Evansville man arrested on weapon charge during “shots fired” investigation
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Evansville Police were called to the 2700 block of Lodge Ave around 2:00am Monday morning for a report of shots being fired during an argument. The gunman left the area in a car, but responding officers were able to stop the car a short distance from the scene.
During the investigation, police determined the occupants had been involved in the incident on Lodge. Police identified the passenger as 32 year old TONY BINDER Jr. During a search of the car, police found a loaded handgun under Binder’s seat. Binder is a convicted felon and is prohibited from possessing a firearm.
Binder, who is a registered sex offender, was arrested for Possession of a Firearm by a Felon.There were no reported injuries during this incident.
Turnout likely low for Tuesday’s election
By Hannah Troyer
TheStatehouseFile.com
Midterm elections typically have lower voter turnouts and Tuesday isn’t likely to break the trend.
What you need to know
Voting hours:
The polls are open from 6 a.m. to 6 p.m. local time. Voters in line at 6 p.m. are allowed to vote.
Poll locations:
You can find your polling place and copies of online ballots online at www.indianavoters.com/.
Identification:
You will need a photo ID issued by the state of Indiana or the federal government that includes an expiration date. Military IDs with the expiration date of “INDEF†qualify.
In most cases, an Indiana driver’s license, Indiana photo ID card, military ID or U.S. passport is sufficient.
Exemptions exist for the indigent, those with religious objections to being photographed and individuals living in a state-licensed facility where the precinct’s polling place also is located.
Those who need an ID can obtain one at local license branches.
Provisional ballots:
If you are unable or unwilling to present identification meeting these requirements, you may cast a provisional ballot. You then have 10 days to provide the necessary documentation or confirm that one of the law’s exemptions applies to you.
In fact, University of Evansville political science professor Robert Dion said the numbers could be even smaller than in the past because there are few prominent races on the ballot in Indiana.“Typical things that drive voter turnout up are not present in this cycle,†Dion said. “You have the absence of a presidential race. There are also no senate races this year.â€
The top of the Indiana ticket on Tuesday will be the secretary of state’s race and congressional contests, all of which are expected to go to the incumbents.
Dion also said competitive races also can drive up voter participation. But that’s not happening this year either – at least not statewide.
“There are not a lot of high profile, hotly contested races that might increase voter turnout,†Dion said.
Four years ago – the last midterm election – about 41 percent of Indiana’s registered voters showed up at the polls or cast an absentee ballot. In 2006, it was 40 percent.
Dion is predicting voter turnout will be in the 30 percent range this year.
But some county clerks are more optimistic.
Shelby County Clerk Vicki Franklin said good early voting numbers could predict a good turnout.
“Early voting has gone very, very well. Our numbers are up from the spring,†said Franklin.
More than 1,000 people have voted early in the office, she said, about 300 more absentee ballots are expected.
Franklin said voter turnout locally will be decent because of several local races – including the battle for seats on the Shelby Eastern School Board.
Jefferson County Clerk Karen Mannix is also optimistic about the percentage of people voting in the midterm elections. About 10 percent of registered voters have already voted by absentee ballot and by mail.
“We hope to have 50 percent of voters (participate),†Mannix said. “We average about 40 percent (during midterm elections). I can’t say we will do better than that because we don’t have a referendum, but we will see.â€
Dion said low turnouts show that voters aren’t taking advantage of an important societal role.
“This is unfortunate and too bad, really, because voting matters and elections are important,†Dion said. “Decisions will be made that will affect each person. In the best of both worlds, we’d have everyone come out.â€
Hannah Troyer is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.
Congressional campaign fundraising down; 2nd District race candidates raise most
By Garrett Day
TheStatehouseFile.com
INDIANAPOLIS – Running for Congress can be expensive – although with few competitive races in Indiana this year, the campaign finance numbers trail those from past years. As the 2014 election season enters its final hours, reports filed with the Federal Election Commission show that Hoosier congressional campaigns have raised nearly $13.5 million – $10.6 million by Republican candidates, $2.9 million by Democratic candidates, and just less than $10,000 by other parties’ candidates.
The numbers don’t include fundraising in the campaigns’ final days or spending by outside organizations.
The totals are about 23 percent less than they were just two years ago and about 38 percent less than four years ago during the last midterm election. At that time, a number of competitive races drove up spending.
This year, there are fewer hotly contested races. The Cook Political Reports lists every Indiana district as solidly Republican or solidly Democratic in favor of the incumbent. Still, the state’s most expensive congressional race is probably its most competitive.
In Northern Indiana’s 2nd District, incumbent Republican Rep. Jackie Walorski raised more than $1.9 million. Meanwhile, her opponent, Democrat Joseph Bock, raised $773,940 – making him the only congressional challenger in Indiana to reach six figures this year.
Bock is a Notre Dame professor who has been heavily critical of Congress and says the socially and fiscally conservative Walorski – a former state lawmaker – is part of the problem. “Washington isn’t getting the job done,†Bock says in a television ad. “You deserve a member of Congress who will.â€
Walorski has fought back with messages that she has worked with Democrats to protect women in the military who are victims of sexual assault and supported the Violence Against Women Act.
And despite Bock’s battle to unseat Walorski, experts are predicting a victory for the Republican. The Crystal Ball at the University of Virginia’s Center for Politics calls the race likely Republican and the Cook Political Report calls it solidly Republican.
In Southern Indiana, incumbent Rep. Todd Young, the Republican representing the state’s 9thDistrict, set the high-water mark for fundraising among the state’s congressional candidates. Young has raised more than $2 million, while his Democratic challenger, Bill Bailey, raised just less than $100,000.
All but one of the state’s congressional incumbents raised more than $1 million. The lone exception is Rep. Peter Visclosky in the 1st District, located in the heavily Democratic northwest corner of Indiana. Visclosky, has collected more than $842,000. His challenger, Republican Mark Leyva, has raised a little more than $12,000.
In the northeast corner of Indiana is the 3rd District. The incumbent, Republican Marlin Stutzman, has raised $1.3 million. His challenger, Democrat Justin Kuhnle, has raised $816.
In Indiana’s 4th District, incumbent, Republican Todd Rokita has raised nearly $1.4 million. His challenger, Democrat John Dale, has raised more than $42,000.
In the 5th District, incumbent Rep. Susan Brooks, a Republican, has raised more than $1.6 million. Her challenger, Democrat Shawn Denney, has raised nearly $4,000.
Indiana’s 6th District incumbent Rep. Luke Messer, a Republican, has brought in nearly $1.2 million. His challenger, Democrat Susan Heitzman, has collected just more than $2,500.
In the greater Indianapolis area, which is Indiana’s 7th District, incumbent Rep. Andre Carson, a Democrat, has raised just more than $1 million, while his Republican challenger Catherine Ping has raised less than $5,000.
Indiana’s 8th District incumbent, Republican Larry Bucshon, raised a little more than $1 million. His challenger, Democrat Tom Spangler, raised nearly $25,000.
Garrett Day is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.
IS IT TRUE November 4, 2014
IS IT TRUE that today is election day and the City County Observer encourages all of our readers to find a way to cast a vote for the candidates that you have each in your own way decided will be reflect the way you want to see your town, county, state, and country governed?…we as we have committed are not endorsing any candidates but do endorse the age old adage life, liberty and the pursuit of happiness along with honesty and transparency at all levels of government?…we also realize and advocate for serious, competent people who are action oriented to be elected to public office?…we shall vote the way we choose based on the attributes we admire and demand and will leave it to each of our readers to do the same?
IS IT TRUE 3 weeks ago the Mayor’s Office was all giddy about starting the downtown convention hotel in 2 weeks?…those two weeks and one more have now passed and nary a shovel has flipped down at Walnut and MLK?…at that time we were also told that if construction did not start by December that the weather would be too bad start a construction project just as last winter’s ground breaking was scheduled and stopped due to frozen ground?…now the giddiness from the Mayor’s office is saying real work will start in late November or early December?…why they felt a need to put out a press release contradicting the one from 3 weeks ago is a mystery, but some of our civic center moles say it is all about distracting the public from the City being called out for nonsensical revenue projections in a flat out embarrassing way?
IS IT TRUE that speaking of hotels and the right hand not knowing what the left hand is doing, the CCO has learned that an 82 year old gentleman named Jerry Kissinger got a sewer bill for over $4,800 this month for the McCurdy Hotel?…the bill stated that he was the owner and that he has until December to ante up or else?…it is the failures on the part of government to even be able to get the little things right like who owns a hotel that is driving the people of this city and the country nuts?…ineptness seems to have no limit when it comes to software implementation whether it is for accounting, sewer bills, or health insurance websites?
IS IT TRUE in another fluff piece designed to distract from the task of day to day governance Mayor Winnecke put out some PR about a jobs announcement that may be happening on Wednesday?…we have to question the need for an announcement of an announcement that is less than 48 hours from now?…it would have made more sense to either have the one announcement today or to wait until tomorrow to have a real announcement?…this just looked desperate for some positive news of any kind from a leader that was just outed for overestimating the revenue budget to try and get his spending approved?…that said we are pleased and supportive of any company that intends to create 169 decent paying jobs in Evansville, Indiana and will be interesting to see the details when a real announcement comes forth?
IS IT TRUE with respect to the hotel announcement it is of no relevance that the City of Evansville is able to borrow $20 Million as no one has questioned their ability to do so?…it is also of no relevance that Old National Bank has the capacity to write a check for $14 Million for naming rights that according to the County Commissioners have no market value at all?…it is not these two funding sources that are keeping the beautiful from drinking martinis on the rooftop bar of the hotel?…the two sources of funding that are and have always been undisclosed and non-existent are the downpayment of the developer and the loan for the balance of the $71.3 Million?…as we have said through 4 ground breakings and 4 developers, we will believe it when the doors are opened?…yesterday’s announcement is just another fluff piece to placate the masses?…bread and circuses work as well in Evansville as they did in Rome and the Winnecke Administration knows it?
IS IT TRUE the final Real Clear Politics poll averages before today’s election predict that the republicans will pick up 7 seats in the United States Senate to achieve a majority of this house of congress which has been where house bills have gone to die for the last 4 years?…over in the House of Representatives it is projected that the republicans will add to their majority by between 6 and 12 seats and may have the largest house majority in 65 years when the dust settles?…the CCO stands beside our prediction from a month ago that something will happen that will be a big surprise to the pundits?
IS IT TRUE that one of our most proficient comment authors has provided us with something that we hope you will all find amusing?…this guy says if the city of Evansville were a baseball/softball league all of the following would be true:
The league would operate at a deficit even though the tournament director told all of the parents and fans it wouldn’t
The field would have a brand new state of the art scoreboard (Built and installed at prevailing wage)
The parking lot would have multiple potholes
The outfield grass would not be mowed(until the teamsters came late to the game to mow it)
The fences would be rusting out
The chalk lines and base lengths would be off
The dugout benches would be old and full of splinters
The public toilets would empty straight into Pigeon Creek
The league management would offer a subsidy to anyone who would build a second concession stand because they don’t like the choices offered at the (profitable) first concession stand
The league management and fans would resent the fact that the umpires asked for a $5 per game pay increase for increased travel costs
Half the players would have reading comprehensions skills below their grade level
When told by the league’s treasurer that the cash reserves were nearly running out the league president would threaten to turn out the lights so the teams couldn’t play night games.