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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 Wednesday, October 22, 2014

Gary Bowen                       Strangulation-Level 6 Felony

Christopher Campbell   Operating a Vehicle While Intoxicated-Level 6 Felony

Keith Davis                         Criminal Trespass-Level 6 Felony

Matthew Fisher               Battery Against a Public Safety Officer-Level 6 Felony
Resisting Law Enforcement-Class A Misdemeanor
Public Intoxication-Class B Misdemeanor

Bradley Gates                   Intimidation-Level 5 Felony
Public Intoxication-Class B Misdemeanor

Jacin Gorman                    Burglary-Level 5 Felony
Theft-Level 6 Felony

Susan Henderson            Aggravated Battery-Level 3 Felony

Adam Hoon                        Identity Deception-Level 6 Felony

Tiffney Johnson               Possession of Methamphetamine-Level 6 Felony
Possession of Marijuana-Class A Misdemeanor

Jason Mault                       Domestic Battery-Level 6 Felony

Cindy Rath                          Battery Against a Public Safety Officer-Level 6 Felony
Disorderly Conduct-Class B Misdemeanor

Kendra Thomas                Theft-Level 6 Felony
Battery-Class B Misdemeanor

Debra Wollner                  Carrying a Handgun Without a License-Level 5 Felony
Residential Entry-Level 6 Felony
Possession of Paraphernalia-Class A Misdemeanor
Battery-Class B Misdemeanor

Edward Ziemer Jr             Battery by Bodily Waste-Level 6 Felony

Derek Corbin                     Intimidation-Level 6 Felony
Public Intoxication-Class B Misdemeanor

Dennis Ervin                      Domestic Battery-Level 6 Felony
Resisting Law Enforcement-Class A Misdemeanor
Criminal Mischief-Class B Misdemeanor

Joseph James                    Domestic Battery-Level 6 Felony

Kyle McPheeters             Residential Entry-Level 6 Felony
Possession of a Controlled Substance-Class A Misdemeanor
Possession of Marijuana-Class B Misdemeanor

Bobby Patton Jr                Battery by Bodily Waste-Level 6 Felony
Public Intoxication-Class B Misdemeanor

Taurus Tomlinson Jr       Resisting Law Enforcement-Level 6 Felony
Operating a Vehicle While Intoxicated-Class C Misdemeanor

Rex Abell III                       Unlawful Possession of a Firearm by a Serious Violent Felon-
Level 4 Felony
Possession of Marijuana-Class A Misdemeanor

Steven Barr                        Dealing in Marijuana-Level 5 Felony

Lee Ann Vowels               Operating a Motor Vehicle After Forfeiture of License for Life-
Level 5 Felony
Operating a Vehicle with an ACE of .15 or More-Level 6 Felony

Holly Fussner                    Dealing in Marijuana-Level 6 Felony

Tricia Gerteisen               Operating a Vehicle While Intoxicated while Endangering a Person with
a Passenger less than 18 Years of Age-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.

IS IT TRUE October 24, 2014

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IS IT TRUE this section is a little bit tongue in cheek and it seems as though the State of Kentucky is faced with choosing between a red skunk and a blue skunk when it comes to their next United States Senator?…the entire campaign from Senator Mitch McConnell and from Allison Grimes has been small minded and filled with hypocracy?…while we think that Senator McConnell’s insistence that he is not a scientist and unqualified to comment on climate change we do hope to offer our readers a few laughs at one of the most hilarious duplicities out there at the expense of Ms. Grimes?

IS IT TRUE it has been asked “if there really is a war on women, Kentucky Democratic Senate candidate Alison Lundergan Grimes might just come from one of its founding families?…Ms. Grimes is the heir to the Hugh Jass burger fortune, a legacy that stems from her family’s Kentucky burger joint, whose menu celebrates the finer things in life, like giant, juicy female booty?…Hugh Jass Burgers — say it out loud to get the joke — has menu items like “Charlotte’s Rack, sure to be voted biggest rack” named after Grimes’ mom and “Abby’s Hugh Jass,” a burger named after her sister?…they also sell souvenirs like an apron with “Check Out My Buns” emblazoned across it?…the restaurant’s approach has raised eyebrows, especially since Grimes’ camp accused the GOP of sexism?…Ms. Grimes has not been willing to address any of this as she has been unwilling to even admit whom she voted for in the 2008 & 2012 presidential elections to avoid the ire of the people of the Bluegrass state?…Grimes has been talking like the dickens for a living wage while her family pays some of its staffers a cool $7.25 per hour?…she has consistently noted that her family is “not in the race” for Senate, and she’s right, though she should probably have a chat with them about why they might be unwilling to shell out more money to the people Grimes keeps saying deserve a living wage?…we ask, if you can’t convince your family to flout market economics and overpay unskilled labor, who can you convince?…we are certain that the workers at Grimes’s family’s restaurant feel very empowered despite their low take home pay since they can support their employer by wearing a “Check Out My Buns” apron to really turn their self-esteem around?

IS IT TRUE when it comes to Senator McConnell the opportunities to discredit are a dime a dozen and it all starts with his insane stand on not offering an opinion on climate change because he is no scientist?…proving something like climate change is of course not as simple as calling someone out for a sexist menu, or paying the minimum wage while howling for it to be increased but there is sufficient evidence out there to move a thinking person to a conclusion that human beings have indeed done things that have altered our weather?…from a scientific perspective the nuances like the slight changes in the refractive index of the earth’s atmosphere due to emissions of carbon, ozone, and a host of other things we humans do to give ourselves conveniences today at the expense of the future are difficult to calculate but simple to grasp?…grasping can be as simple as looking through vapor, looking at a smoker’s lung, or even buying double pane windows?…the easiest example to explain a way to insulate better (climate change) is to go through a sales pitch for new windows with nitrogen injected between the panes to change the insulation properties?…the reality is that we humans alter the planet everyday and have been for centuries but recently our numbers have grown to the point that we are doing more damage than ever?…we will probably not do the damage of a massive asteroid strike or even a hundred volcanos but the truth of the matter is that climate change is real and we are the drivers?…this is why there should be a sequel to the movie Dumb and Dumberer about the 2014 Kentucky campaign for the Senate?…just be glad as Hoosiers that you don’t have to choose between the red skunk and the blue skunk?

Vanderburgh County Recent Booking Report

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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 October 23, 2014

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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

6 things to know about Indiana’s new scooter law

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By Lesley Weidenbener

TheStatehouseFile.com

INDIANAPOLIS – Thousands of Hoosiers who drive scooters and mopeds will face new restrictions and requirements starting Jan. 1 and state officials say licenses branches will be ready to accommodate them.

The law requires moped drivers to be at least 15 years old. And it means those who don’t have a driver’s license – whether because they’re too young or lost it after a drunken driving arrest – will need to take a test to become legal.

Approved by the General Assembly earlier this year, the law also creates two categories of so-called motor driven cycles. https://www.youtube.com/watchfeature=player_embedded&v=d0WK6fYSWZs

Class B includes most scooters and mopeds and is defined as those cycles with cylinder capacities that don’t exceed 50 cubic centimeters. Essentially, these are motorbikes that can go no faster than roughly 30 miles per hour.

Bikes with larger cylinder capacities are more like motorcycles and are categorized as Class A. Those drivers will face most of the same restrictions and requirements that the owners of motorcycles do now.

Officials from the Bureau of Motor Vehicles said Wednesday they expect the vast majority of new registrations to fall into the Class B category. Here are six questions and answers about how the new law affects those less powerful motorized bikes:

Question: Who can drive a moped or scooter?

Answer: Anyone who is at least 15 years old and has one of the following: A valid driver’s license, a valid driver’s permit or an unexpired state identification card with a motor driven cycle endorsement. DUI arrests do not prevent someone from using a scooter.

Q: How do I get motor driven cycle endorsement?

A: Go to your local license branch. If you don’t have a valid license or learner’s permit, you must pass a 25-question written test that will focus primarily on road signs and signals. If you pass, you’ll walk out of the branch with a temporary credential allowing you to drive your scooter or moped.

The endorsement will cost $10.50 – unless you meet the qualifications for a free ID card.

Q: Where can I ride my scooter – and how fast?

A: You can ride on public streets and roadways but not on interstates or sidewalks. You can drive up to 35 miles per hour, although you can’t exceed the maximum posted speed in the area.

Q: Are there other restrictions?

A: Yes. You’ll need a helmet if you’re younger than 18. You must use your headlamps at all times and must remain correctly seated on the bike. You’re also required to stay on the right side of the road unless you’re passing another vehicle or preparing for a left turn.

Passengers are not allowed and you can’t carry a package in your hands.

Q: Do I have to register my moped or scooter?

A: Yes. At the license branch, you’ll need to prove your ownership of the motorized bike with one of the following: A certificate of title, manufacturer’s certificate of origin, a bill of sale, or an ownership affidavit.

The registration fee is $26.35 and the excise tax is $10.

Q: Do I need insurance?

A: No. Not for the less powerful or Class B motor driven cycles.

Long-time National Guard leader to retire next spring

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By Lesley Weidenbener
TheStatehouseFile.com

INDIANAPOLIS – Adjutant General Martin Umbarger will retire in May after 45 years of service with the Indiana National Guard.

Major General Martin Umbarger, adjutant general of the Indiana National Guard, spoke to a group of riders in 2013 before Gov. Mike Pence led them on a 100-mile trip through Eastern Indiana. Donations from the event support the Indiana National Guard Relief Fund, which helps soldiers and their families. Photo by Lesley Weidenbener, TheStatehouseFile.com

“There comes a time in everyone’s life and career to pass the ‘colors of leadership’ onto the next generation,” Umbarger said in a public letter to soldiers and others. “This is not a sad day but a very happy day as I reflect on the honor of serving with the best men and women of our nation.”

Umbarger began his career as an enlisted soldier in the Indiana Army National Guard in 1969 and moved up over the years until former Democratic Gov. Joe Kernan appointed him to the state’s top post in 2004.

Republican Govs. Mitch Daniels and Mike Pence then reappointed him to the job, in which he oversees the Indiana Army and Air National Guard, the Indiana Guard Reserve and state employees all totaling more than 15,800 personnel.

On Tuesday, Pence called Umbarger “a patriot and true public servant to the people of Indiana.”

“His leadership and insight have been invaluable to the guard, our state, and this great nation,” Pence said. “And I believe him to be a Hoosier hero in every sense of the word.”

In his role, Umbarger has overseen the development of state-owned land in Jennings County into the Muscatatuck Urban Training Center, which is used by law enforcement and military units from across the country. He’s has won a number of awards, currently serves on the Secretary of Defense’s Reserve Forces Policy Board and previously served as a member of the Secretary of the Army’s Reserve Forces Policy Committee.

Major General Martin Umbarger from the Indiana National Guard voiced his support in August for a proposal meant to protect service members and their families from scams and provide them better financial advice. Photo by Seth Morin, TheStatehouseFile.com.

Pence said he planned to work with Umbarger to “transition to new leadership of our Indiana National Guard,” which is the fourth largest in the nation.

As a civilian, Umbarger is president of Roy Umbarger & Sons in Bargersville, a fourth generation family-owned and operated business that develops feed for show animals.

The Indiana National Guard also announced that retired Col. David Shorter will leave his post as director of state operations. He will retire next month 14 years of state service and approximately 30 years of military service.

“I am much honored to have served this great organization for more than 43 years, as both a soldier and state employee,” Shorter said in a statement. “The relationships I’ve forged over the years mean a great deal to me and will forever be with me.”

Commentary: When taxpayers are the butt of the joke

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By John Krull

TheStatehouseFile.com

INDIANAPOLIS – They made jokes about it.

This was more than 10 years ago, when I was the executive director of what was then the Indiana Civil Liberties Union – now the American Civil Liberties Union of Indiana.

John Krull, publisher, TheStatehouseFile.com

The members of the Indiana General Assembly had before them a proposal to post the Ten Commandments on the Statehouse lawn. That idea had been tried before elsewhere – and the courts had not shown much inclination to allow government the power to establish a state religion.

Quite a few legislators knew that.

They realized how the whole thing would play out. They’d adopt the measure allowing the posting and please the social conservatives among their constituents. Then the ICLU would sue, win and collect a fat fee from the state for winning a case on constitutional grounds.

That’s why the senators and representatives made the jokes. They called the Ten Commandments bill “the ICLU appropriations act.”

One lawmaker who voted for it even stopped me outside House chamber, clapped his hand on my shoulder and laughed:

“I hope you’re going to send me a thank-you note for that gift I just gave you.”

What a thigh-slapper.

There were at least a couple of problems with this comedy routine.

The Ten Commandments posted on the courthouse lawn in Posey County. Photo by OZinOH via Flickr.

The first was that these legislators had taken oaths to uphold the very constitutional principles they’d just voted to turn into a joke. The fact that some – not all, by any means – took such a frivolous approach to meeting their duties and honoring those oaths didn’t seem funny.

The second was that this was tax money. And while, as the person at that time primarily responsible for the ICLU’s financial health, I was glad to see a hefty sum deposited in the organization’s bank account, I found the cynicism of those who made the windfall possible breathtaking.

Many lawmakers who cracked the jokes about the “ICLU appropriations act” were – and, in some cases, still are – people who routinely talked about the things for which the state just didn’t have money. These were unimportant things such as good schools and making roads safe.

Flash forward more than 10 years. There now are people calling for Indiana Attorney General Greg Zoeller to provide an accounting of the time and money spent on defending the state’s ban on same-sex marriages.

Count me among those doing the asking.

I won’t speak for others, but my focus isn’t Zoeller, who, as the state’s attorney, has an obligation to defend the state’s laws, however bad or unconstitutional those laws might be.

(I would note, though, as someone who has employed more than a few attorneys in his time, that one thing I expect from my lawyer is a realistic assessment of my chances of winning before we get drawn into litigation – and that can mean telling me, as the client, that I have a weak case and shouldn’t throw good money after bad pursuing it.)

No, my focus is on the self-proclaimed fiscal conservatives who have no problem denying Indiana’s children pre-school opportunities or affordable textbooks in the name of financial restraint, but also have no problem wasting money on expensive but empty gestures designed to appease either conservative activists, many of whom need such proposals upon which to build fundraising and recruiting campaigns, or their own prejudices.

In the aftermath of the U.S. Supreme Court’s refusal to uphold challenged same-sex marriage bans, many Hoosier conservative activists have vowed to push for legislation “protecting” social conservatives’ rights of conscience to deny service or religious recognition to married gay couples.

Such legislation likely will be nothing more than exercises in ideological indulgence and building fundraising campaigns. The rights of conscience for social conservatives – and all other Hoosiers and Americans, for that matter – are set forth in the U.S. and Indiana constitutions. No law passed by the Indiana General Assembly is going to change that.

That likely won’t stop some conservative lawmakers from pandering to their activist base. These guys love a good joke.

Let’s see if lawmakers think it’s such a chuckle when the taxpayers figure out the laugh’s on them.

John Krull is director of Franklin College’s Pulliam School of Journalism, host of “No Limits” WFYI 90.1 Indianapolis and publisher of TheStatehouseFile.com, a news website powered by Franklin College journalism students.

Crescent Valley History Newsletter

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Vanderburgh Co. Historical Society Annual Dinner
One of the region’s best historical events will take place Thurs., November 15th when the Vanderburgh Co. Historical Society (VCHS) hosts it annual dinner at the Evansville Museum. The event will feature a reception from 6:00 to 6:30 p.m., a dinner from 6:30 to 7:30 p.m., and a presentation by renowned historian Bill Bartelt beginning at 7:45 p.m. Click here to RSVP.

Cooke Saves Historic Headstone
James Bethel Gresham is a well-known World War I veteran who many consider to be the first American to be killed in the conflict. Military headstones are typically replaced every fifty years, but due to its historical significance Gresham’s was hidden away. Fortunately, Evansville’s Superintendent of Cemeteries, Chris Cooke, discovered the headstone and immediately realized its historic importance. The old headstone is being donated to the Evansville Museum where it will become a permanent part of the World War I exhibit. Click here for local media coverage. Mr. Cooke will discuss the history of the Oak Hill Cemetery at a presentation on October 30th at the EVPL central branch. Click here for details.

Restoration Continues at Greyhouse Bus Station
As visitors to downtown Evansville may have noticed, the Greyhound Station’s blue panels have been removed for restoration. The exposed red brick that was left behind has since been covered with a black vapor barrier and stabilizer. This will protect the interior walls from moisture penetration. Before the blue enameled steel panels go back up in about a month, high-tech insulation will be applied inside the panels. The insulation will help ensure against warping that can be caused by heat and will further protect the brick. The building won’t be quite as bright a blue in the future. The baby blue paint that covered the exterior panels is being removed to return the building to the subtle and elegant original scheme pictured here.

Galvanized Yankee Presentation Planned
The Southern Indiana Civil War Roundtable will feature James A. Goecker at its November 20th meeting. He will discuss “Galvanized Yankees,” Confederate soldiers in the Northern Army. Mr. Goecker will discuss who they were and how they were used in the North during the Civil War. Click here for more details.

Nullification is the Remedy

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If elected, I would immediately propose bills to strike down and govern an awful lot of what we call “government.” Most taxation, regulation, litigation, mandates, prohibitions, subsidies, militarization and violence are out of control and need to be stopped. The proper remedy for this isn’t new government powers or anything unproven; it’s called “nullification.”

In response to the obviously unconstitutional Alien and Sedition Acts, Thomas Jefferson’s Kentucky Resolutions of 1798 very directly affirmed that what USA legislative, executive and judicial branches have done for generations, nullification (in the form of refusal to enact, comply or enforce), is the proper remedy for constitutional transgressions by any branch of government.

This is actually the only active power courts have as a check and balance against the other branches. They often nullify laws or actions they judge to be unconstitutional or otherwise wrong. Legislative branches often write laws that nullify, repeal or phase out others.

And Executives very often refuse to comply or enforce laws. Typically they refuse to enforce the constitutions themselves, but they also refuse to enforce acts like DOMA, and thus make major shifts of policy.

I’m just proposing we finally do it for liberty and justice, not for the benefit of elite cronies.

And so unlike Democrats and Republicans, who spit out new laws like watermelon seeds to add power and layers to government, confusing which laws are law and which are not to punish their enemies and reward their friends; I would move to entirely repeal broad swaths of what gets between citizens and the freedom, peace, prosperity and security owed them by law.

I would propose specific repeal and/or nullification for legislation like Obamacare, Executive Orders and court decrees that have the effect of legislation, bureaucratic and treaty violations, illegal agencies and entities, illegal policies, and other, ongoing and upcoming transgressions against the constitutions.