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IS IT TRUE May 14, 2014

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IS IT TRUE that the Evansville City Council postponed action on the rezoning of a proposed apartment complex on Pollack Avenue Monday last evening because neighbors stated they had no dialogue about the project with the developers?…that 2nd Ward City Councilwoman Missy Mosby asked Council take a step back and not approve this project until the developers meet with neighbors to address there concerns?…we agree with 2nd Ward Councilwoman Missy Mosby asking Council to delay the vote on this project?…this is a good example of a City Council person standing up for the concerns of her constituents?

IS IT TRUE the City of Evansville has recently adopted a social media policy that seems to absolutely trample all over the 1st Amendment right to free speech of their employees both on and off the job?…from the beginning to the end this new policy that we referred to Monday as the Chris Cooke rule is so far over the line as to require public employees to post disclaimers on personal social media sites like Facebook, Twitter, Tumbler, etcetera?…there are plenty of examples of municipality examples of social media policies available online from jurisdictions where social media was invented like Palo Alto, California that is the birthplace of quite a few of the social media outlets covered by Evansville’s primitive attempt to join the modern world?…for those of you who are interested the City of Evansville’s one sided, self serving, first amendment violating social media policy is on the following link?

Social_Media_Policy

IS IT TRUE that the City County Observer has often pointed out the Tom Barnett assertion that the City of Evansville is afflicted with some 10,000 uninhabitable dwellings that would cost well over a Billion dollars to refurbish?…after spending a Billion dollars on this collection of dilapidated homes the collective value would be less than half of the cost to refurbish them?…for this reason these homes will never ever be fixed up by investors who seek to actually make money on their investments?…if there is one thing that former DMD Director Tom Barnett was absolutely correct about it was the abysmal state of the housing stock in much of the City of Evansville?

IS IT TRUE we are doing something with this IIT that we do not often do and that is to pay a great big complement to the Evansville Courier and Press for their diligence in pointing out anecdotal case after case of dilapidated properties?…one of the things that the CCO prides ourselves in is in staying on a subject for a long time so that people have many opportunities to have get it?…we have done this with the continuing saga of the McCurdy, the downtown convention hotel, Roberts Park, the ballfields, the sewer problems, the sidewalks melting, and the potholes that rattle our teeth and mess up our alignment when we are driving?…it is about time that one of the mainstream media members took on a task that has a shelf life of more than 2 minutes?…the Courier and Press has done a diligent job of staying on this problem and for this we salute them?

Vanderburgh County Recent Booking Reports

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DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
JAAKEE LEE SHRODES
Race: White / Sex: Male / Age: 27
Residence: 833 STANLEY AVE EVANSVILLE , IN
Booked: 5/13/2014 7:11:00 PM
Charge Bond Amt
TRAFFIC-OPERATE HTV [DF] 0
Total Bond Amount: NO BOND
CHASITY ASHLYN GREEN
Race: Black / Sex: Female / Age: 22
Residence: 1790 HAZELWOOD SQ EVANSVILLE, IN
Booked: 5/13/2014 4:46:00 PM
Charge Bond Amt
THEFT-SHOPLIFTING THEFT OTHER <200 [DF] 0
FALSE INFORMING / REPORTING [BM] 50
Total Bond Amount: NO BOND
BRYAN NATHAN BAILEY
Race: Black / Sex: Male / Age: 31
Residence: 629 MADISON AVE EVANSVILLE, IN
Booked: 5/13/2014 2:44:00 PM
Charge Bond Amt
PETITION TO REVOKE PROBATION 0
Total Bond Amount: NO BOND
TODD DERREK LYNN
Race: White / Sex: Male / Age: 42
Residence: 2108 N VILLA DR EVANSVILLE , IN
Booked: 5/13/2014 2:37:00 PM
Charge Bond Amt
BATTERY-STRANGULATION [DF] 0
BATTERY-HFF INJ [AM] 100
ALC-PUBLIC INTOX [BM] 50
Total Bond Amount: NO BOND
MARIAH RENEE JONES
Race: Black / Sex: Female / Age: 21
Residence: 3755 JACKSON AVE EVANSVILLE, IN
Booked: 5/13/2014 2:18:00 PM
Charge Bond Amt
THEFT-SHOPLIFTING THEFT OTHER <200 [DF] 0
Total Bond Amount: NO BOND
RICHARD SCOTT RUSSELL
Race: White / Sex: Male / Age: 27
Residence: 2410 N FARES AVE EVANSVILLE , IN
Booked: 5/13/2014 1:35:00 PM
Charge Bond Amt
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 500
WRIT OF ATTACHMENT 1000
Total Bond Amount: $1500
BRANDON MARTIN HUMPHREY
Race: Black / Sex: Male / Age: 33
Residence: 1619 S BEDFORD AVE EVANSVILLE, IN
Booked: 5/13/2014 1:32:00 PM
Charge Bond Amt
VCCC FILED PTR 0
Total Bond Amount: NO BOND
JAMES ARTHUR SMITH
Race: Black / Sex: Male / Age: 29
Residence: 901 E MISSOURI ST EVANSVILLE , IN
Booked: 5/13/2014 1:17:00 PM
Charge Bond Amt
AUTO THEFT-RECEIVE STLN VEH OR PARTS [DF] 0
Total Bond Amount: NO BOND
MICHELLE DEEANN SMITH
Race: Black / Sex: Female / Age: 51
Residence: 1825 S ELLIOTT ST EVANSVILLE, IN
Booked: 5/13/2014 12:35:00 PM
Charge Bond Amt
PETITION TO REVOKE PROBATION 0
Total Bond Amount: NO BOND
CHRISTINA KAY HICKS
Race: White / Sex: Female / Age: 42
Residence: 302 N FIRST STREET ALLEN DALE, IL
Booked: 5/13/2014 11:58:00 AM
Released
Charge Bond Amt
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 200
Total Bond Amount: $200
JASON ALAN RAMSEY
Race: White / Sex: Male / Age: 35
Residence: 922 JAMES ST MOUNT VERNON, IN
Booked: 5/13/2014 9:38:00 AM
Charge Bond Amt
PETITION TO REVOKE PROBATION 0
Total Bond Amount: NO BOND
DARION MONTELL SANNERS
Race: Black / Sex: Male / Age: 25
Residence: 1104 E BLACKFORD AVE EVANSVILLE, IN
Booked: 5/13/2014 8:59:00 AM
Released
Charge Bond Amt
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 0
Total Bond Amount: $0
KENNETH DANIEL KEBORTZ
Race: White / Sex: Male / Age: 34
Residence: 1216 CORREGIDOR CIR EVANSVILLE , IN
Booked: 5/13/2014 8:42:01 AM
Charge Bond Amt
SENTENCED – REF DOCKET # 0
Total Bond Amount: $0
SETH MATTHEW WRINKLES
Race: White / Sex: Male / Age: 27
Residence: 100 OSSI ST EVANSVILLE , IN
Booked: 5/13/2014 3:54:00 AM
Charge Bond Amt
WRIT OF ATTACHMENT 500
WEAPON-CARRY FELON OR PRIOR [CF] 0
WEAPON-HANDGUN W/O A LICENSE [AM] 100
Total Bond Amount: NO BOND
DARIAN STEVEN DUNCAN
Race: Black / Sex: Male / Age: 18
Residence: 102 POWELL AVE EVANSVILLE , IN
Booked: 5/13/2014 2:41:00 AM
Charge Bond Amt
MURDER ATTEMPTED W/FIREARM [AF] 100000
Total Bond Amount: $100000
BLAKE HUNTER MORTON
Race: White / Sex: Male / Age: 23
Residence: 1511 WASHINGTON ST BOONVILLE, IN
Booked: 5/13/2014 2:27:00 AM
Charge Bond Amt
FAILURE TO APPEAR-ORIGINAL CHARGE FELONY 0
Total Bond Amount: NO BOND
TRAVIS CLYDE ADAMS
Race: White / Sex: Male / Age: 32
Residence: 11334 LOWER MOUNT VERNON RD EVANSVILLE, IN
Booked: 5/12/2014 11:38:00 PM
Released
Charge Bond Amt
OTHER AGENCIES CHARGES 0
Total Bond Amount: $0
MICHAEL BRENT HENSCHEN
Race: White / Sex: Male / Age: 26
Residence: 201 N WOODS AVE EVANSVILLE , IN
Booked: 5/12/2014 11:05:00 PM
Charge Bond Amt
AUTO THEFT- OTHR VEHICLES [DF] 5000
Total Bond Amount: $5000
ANDREW JOSEPH CAMPBELL
Race: White / Sex: Male / Age: 32
Residence: 5509 NITTANY WAY EVANSVILLE , IN
Booked: 5/12/2014 9:37:00 PM
Charge Bond Amt
PETITION TO REVOKE PROBATION 0
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 500
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 1500
NARC-POSS MARIJUANA, HASH OIL, HASHISH [DF] 5000
Total Bond Amount: NO BOND
JORDAN WAYNE RUSHING
Race: White / Sex: Male / Age: 20
Residence: 1277 DEVONSHIRE PL EVANSVILLE, IN
Booked: 5/12/2014 8:25:00 PM
Charge Bond Amt
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 500
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 500
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 500
NARC-POSS MARIJUANA, HASH OIL, HASHISH, < 30 G [AM] 500
NARC-POSS PARAPHERNALIA [AM] 0
Total Bond Amount: $2000
DONALD LEE DURHAM
Race: White / Sex: Male / Age: 27
Residence: 707 E DELAWARE ST EVANSVILLE , IN
Booked: 5/12/2014 8:09:00 PM
Charge Bond Amt
NARC-POSS METHAMPHETAMINE [DF] 5000
NARC-POSS PARAPHERNALIA [AM] 0
PAROLE VIOLATION – STATE 0
Total Bond Amount: NO BOND
EMILY KATHERINE VINCENT
Race: White / Sex: Female / Age: 22
Residence: 100 OSSI EVANSVILLE , IN
Booked: 5/12/2014 6:48:00 PM
Released
Charge Bond Amt
THEFT OTHER >200 <100,000 [DF] 0
Total Bond Amount: $0

Evansville Man Arrested For Parole Violation

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

Last night at approximately 7:30, Indiana State Police and U.S Marshals Service arrested Donald L. Durham, 27, 707 E. Delaware Street, Evansville, for a parole violation. While inside the residence, troopers observed methamphetamine, drug paraphernalia and digital scales. Durham was arrested and taken to the Vanderburgh County Jail where he is currently being held without bond.

ARRESTED AND CHARGES:
• Donald Lee Durham, 27, 707 E. Delaware Street, Evansville, IN
1. Felony Warrant – Parole Violation
2. Possession of Meth, Class D Felony
3. Possession of Paraphernalia, Class A Misdemeanor

Arresting Officer: Trooper Lucas Zeien, Indiana State Police

Assisting Agency: U.S. Marshals Service

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 Monday, May 12, 2014

Deangelo Clardy              Domestic Battery-Class D Felony

Tamethea Mahoney       Theft-Class D Felony

Benonia Wickware Jr     Trafficking with an Inmate-Class C Felony
Dealing in Synthetic Drug or Synthetic Drug Lookalike Substance-
Class D Felony
Resisting Law Enforcement-Class A Misdemeanor
Possession of Marijuana-Class A Misdemeanor

Nelson Hermilus             Possession of a Schedule II Controlled Substance-Class D Felony
Simon Kenoyer                 Possession of a Schedule II Controlled Substance-Class D Felony
Resisting Law Enforcement-Class D Felony
Resisting Law Enforcement-Class A Misdemeanor
Criminal Recklessness-Class A Misdemeanor

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 considered to be innocent until proven guilty by a court of law

Evansville Man Arrested For Attempted Murder

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Evansville Police have arrested 18 year old DARIAN DUNCAN for the May 8th shooting of 20 year old Keshaun Barnes.
Barnes was shot shot multiple times after an altercation near the intersection of Riverside and Garvin. Barnes survived the shooting and was able to identify DUNCAN as the shooter during an interview on May 12th.
About an hour after investigators determined DUNCAN was the shooting suspect, officers were dispatched to the 1200 block of N. 1st Ave for a report of shots fired. When officers arrived in the area, they saw DUNCAN running from the scene. Officers found DUNCAN hiding behind a house and a .380 handgun on the ground near-by. There were no reported injuries during the incident.
DUNCAN was taken into custody for the Attempted Murder of Keshaun Barnes. The investigation into the shots fired run on 1st Ave is on-going.
DUNCAN was the victim of a shooting on February 1st. He told investigators he was shot while walking on Weinbach near the Lloyd Expressway. DUNCAN was unccoperative with police and said he did not want them to investigate the incident. The case was suspended after DUNCAN signed a “No Prosecution” form.

 

Evansville Man Arrested Standoff

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Last night at approximately 8:55, officers with the U.S. Marshals Service, Indiana State Police and Vanderburgh County Sheriff’s Office responded to 11334 Lower Mt. Vernon Road, Evansville, to serve a federal arrest warrant on Travis Adams, 32. He was recently indicted in federal court for conspiracy to deal methamphetamine. Adams was standing outside his residence with his wife when officers pulled into his driveway. He immediately ran into his residence and allegedly fired at least one shot while officers were still outside. Officers immediately surrounded the residence and requested further assistance from the Indiana State Police Emergency Response Team. Officers on scene were able to contact Adams on his cell phone and within 15 minutes he surrendered without further incident. He was taken to the Vanderburgh County Jail where he is currently being held on bond. Officers recovered a .38 special revolver from inside the residence. No officers were injured during this incident.

ARRESTED AND CHARGE:
• Travis Adams, 32, 11334 Lower Mt. Vernon Road, Evansville, IN
1. Federal Warrant – Conspiracy to Deal Methamphetamine

IS IT TRUE May 13, 2014

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IS IT TRUE that GOP Chairman Wayne Parke stated in last week Courier and Press article that the local GOP Central Committee contributed an additional $5,000 to Marsha Abell’s campaign after the April 21, 2014 deadline?

IS IT TRUE that Wayne Parke mandated that local GOP Central Committee give $5,000 to Marsha Abell’s campaign on 07/09/13, $5000 was given to Marsha Abell’s campaign on 01/17/14 and additional $5,000 was given to her after April 21, 2014 deadline? …Mr. Parks public statement made to the Courier and Press shows he has authorized the local GOP Central Committee to donate a whooping $15,000 to Marsha Abell’s failed County Commissioner campaign?

IS IT TRUE MR. Parke blamed low voter turnout for the defeat of County Commissioner Marsha Abell? …if GOP Chairman Wayne Parke would had granted Bruce Ungethiem request to give him a list of Republican voters who voted in the last couple of primaries we bet more voters would had showed up to vote?

IS IT TRUE that two of the many votes taken last night by the Evansville City Council were the right votes but taken at the wrong time?…the first right vote wrong time was of course the 9 – 0 unanimous vote to rescind the approval for the $4.8 Million loan to Earthcare Energy LLC?…the right time to have voted against approving so much as a nickel to Earthcare Energy LLC would have been in March of 2012 when the founders of Earthcare were being paraded around Evansville by some local supporters as if they were Bill Gates, Steve Jobs, and Thomas Edison?…four City Council members, the City County Observer, and a host of other people who have an understanding of technology and enough initiative to do some research figured that one out at the right time?…all that aside the damages from this little foray into the world of investment banking by Mayor Winnecke and his minions have now been limited to the $200,000 they snuck to Earthcare without telling the Council?

IS IT TRUE the other right vote wrong time from last night was the resolution to approve the issuance of bonds to support the IU Medical School?…this was only off by a short time and was really just out of order by what may turn out to be a few weeks?…the release of the 2012 audit should have come first and the interest rate should have been capped at 5% instead of 7% but all in all that probably will make little difference since the bonds will not be sold until after the 2012 audit has been released?

IS IT TRUE with all of the rain that we have been having recently the stark reminder that the Combined Sewer Overflow problem is still going on was obvious in the usual locations and particularly easy to see from the air flying over downtown Evansville?…the CCO is interested to hear the result of the EPA’s consideration of the $545 Million proposal made by the City of Evansville so the people of this town can be fully aware of the size of expenditure that awaits them?…It is closing in on a year without an answer and with a small uptick in construction prices we are sure the low end of this project is now nearly $600 Million and the high end may be approaching a BILLION DOLLARS?…either way the cost to do this necessary repair that has been ignored for 50 years is going to be staggering?

IS IT TRUE we are reminded that the roads. the sidewalks, and the water pipes are also crumbling or obsolete and added together will cost another Billion Dollars to get into minimal working order to be in compliance with what it takes to be a modern city?

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Judge Rejects Petitioners’ Requests To Prevent Tax Collection

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Jennifer Nelson for the indianalawyer.com          indianalawyer

 

Because petitioners seeking to enjoin the collection of tax filed their petitions before an original tax appeal was initiated, the Indiana Tax Court granted Marion County’s motions to dismiss.

Judge Martha Wentworth issued two orders Friday dealing with the same issue: the petitioners, before the Indiana Board of Tax Review had scheduled a hearing or ruled on the matters, filed their petitions asking the Tax Court to enjoin the collection of property taxes.

Washington Park Cemetery Association Inc. challenged the removal of an exemption previously applied to its Community Life Center, effective with the March 1, 2012, assessment. The entire complex had received an exemption from property taxes, including the life center. It was removed because special events, such as weddings, were sometimes held at the location.

West Ohio II LLC filed its petition asking the Tax Court to enjoin the collection of property taxes related to a disputed portion of its $39,314,000 assessment for March 1, 2013. West Ohio believed the property – a multi-tenant building and parking garage in Indianapolis – was substantially overvalued.

The same arguments were raised in both petitions, which involve the same attorneys on both cases: that the language “will raise” in I.C. 33-26-6-2(b)(1) allows for injunctive relief before an original tax appeal has been initiated; that the nature of preliminary injunctive relief typically seeks an order from the court before the full presentation of evidence and not after; and that the Tax Court should follow its holding in American Trucking Associations Inc. v. Indiana, 512 N.E.2d 920 (Ind. Tax. Ct. 1987).

But no relief can be granted because neither petitioner has filed an original tax appeal, Wentworth held. As such, the court does not have subject matter jurisdiction to rule on the petitions. In both cases, she granted the motion to dismiss filed by the Marion County assessor, treasurer and auditor.

She noted in a footnote that the principle established in American Trucking regarding the Tax Court’s subject matter jurisdiction was ultimately challenged and disposed of in another case by an original action with the Indiana Supreme Court in 1990.

“Because the Supreme Court issued an alternative writ of prohibition in that case barring the Tax Court from exercising subject matter jurisdiction without stating its rationale or publishing the writ, the parties debated its precedential value in this case. Nonetheless, the Court need not determine the effect of the Supreme Court’s writ because it now comes to the opposite opinion regarding subject matter jurisdiction than that in American Trucking,” she wrote.

The cases are Washington Park Cemetery Association, Inc. v. Marion County Assessor, Marion County Treasurer, and Marion County Auditor, 49T10-1404-TA-10, and West Ohio II, LLC v. Marion County Assessor, Marion County Treasurer, and Marion County Auditor, 49T10-1404-TA-9.