Home Blog Page 6386

BREAKING NEWS: Shake Up At The Civic Center

22

 

The City County Observer has learned that DMD Director Phillip Hooper is no longer an employee of the City of Evansville and that well known local personality Kelley Coures has been named as the acting replacement for the time being.

No information on the reason for the shake up has been released by the Winnecke Administration that held a news conference earlier today to announce that the 2012 City audit was “clean”.  On examination of the findings of the audit the words “adverse” and “material weakness” appear frequently as does the auditors opinion that the financial accounts of the City of Evansville are not reconciled as Mayor Winnecke has claimed. It is not known if the audit results are related to the departure of Mr. Hooper.

 

This is a developing story.

Excerpts from Audit: Reconciliation Errors Discussed

36

CITY OF EVANSVILLE
AUDIT RESULTS AND COMMENTS

BANK ACCOUNT RECONCILIATIONS (City, Water Utility, and Wastewater Utility)

City cash and investment fund balances, including Water and Wastewater funds, were not properly
reconciled to bank balances.

Multiple bank reconcilements were presented for audit. Errors noted on the City’s bank reconcilements included:

1. One bank account was not included in the City’s original bank reconcilement.

2. The wrong balances from some of the bank statements were used in the City’s reconcilement.

3. Outstanding checks at December 31, 2012, were overstated.

4. Fund transactions were withdrawn from the incorrect bank account.

5. Random adjustments were added and later deleted from reconcilements presented for audit.

As a result of incomplete and inaccurate reconcilements, improper accounting for cash and investments and incorrect postings s to the records remained undiscovered by the City. When aggregated, the errors
and discrepancies noted on the bank reconcilement resulted in a difference between the record balance and  bank balance that was not considered material.

Indiana Code 5-13-6-1(e) states: “All local investment officers shall reconcile at least monthly the balance of public funds, as disclosed by the records of the local officers, with the balance statements provided by the respective depositories.”
ANNUAL REPORT (City, Water Utility, and Wastewater Utility)

The Annual Report submitted through the Gateway system for 2012 contained material errors.  Several adjustments to the beginning balances, receipts and disbursements were proposed during the audit
and made by the City. A similar comment appeared in prior Report B41037.

 

Advisory: EPD investigating early morning shooting

0

SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671EPD-PATCH-2012-150x150

Evansville Police are looking for the suspsects that were involved in a shooting near the intersection of Adams and Kentucky at 1:45 Friday morning.
The victim, 39 year old Burt Bender, was shot once in the abdomen. He was taken to a local hospital for treatment and is expected to survive.
Bender, who is white, told investigators he was walking home from a friends house when a red Pontiac passenger car pulled up and the occupants began yelling at him. Bender said the men in the car were black and that they yelled several racial slurs at him. The car drove around the block and pulled up to him again. The occupants yelled at him again and then one of the men shot him.
The car fled the area and has not been located. Anyone with information on this shooting is asked to call 812-436-7979 or WeTip at 1-800-78-CRIMlle Police are looking for the suspsects that were involved in a shooting near the intersection of Adams and Kentucky at 1:45 Friday morning.
The victim, 39 year old Burt Bender, was shot once in the abdomen. He was taken to a local hospital for treatment and is expected to survive.
Bender, who is white, told investigators he was walking home from a friends house when a red Pontiac passenger car pulled up and the occupants began yelling at him. Bender said the men in the car were black and that they yelled several racial slurs at him. The car drove around the block and pulled up to him again. The occupants yelled at him again and then one of the men shot him.
The car fled the area and has not been located. Anyone with information on this shooting is asked to call 812-436-7979 or WeTip at 1-800-78-CRIME.

Newest recruits to graduate from Police Academy during afternoon ceremony, public invited

2

EPD-PATCH-2012-150x150Newest recruits to graduate from Police Academy during afternoon ceremony, public invited

The Southwest Indiana Law Enforcement Academy will be graduating 9 new Law Enforcement officers this afternoon.
The 2:00pm ceremony will be held at the Old National Bank Events Plaza and is open to the public.
The graduating Officers are:
Herbert Adams EPD
Ahmed Afifi EPD
Nathan Jones EPD
Mario Reid EPD
Ray Smith EPD
Matt Taylor EPD
Andrew Bunys Warrick County Sheriff’s Office
Robert Garza Austin PD
Korben Sellers Mt Vernon thwest Indiana Law Enforcement Academy will be graduating 9 new Law Enforcement officers this afternoon.
The 2:00pm ceremony will be held at the Old National Bank Events Plaza and is open to the public.
The graduating Officers are:
Herbert Adams EPD
Ahmed Afifi EPD
Nathan Jones EPD
Mario Reid EPD
Ray Smith EPD
Matt Taylor EPD
Andrew Bunys Warrick County Sheriff’s Office
Robert Garza Austin PD
Korben Sellers Mt Vernon PD

For full details, view this message on the web.

EPD investigating early morning shooting

0

EPD-PATCH-2012-150x150

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

Evansville Police are looking for the suspsects that were involved in a shooting near the intersection of Adams and Kentucky at 1:45 Friday morning.
The victim, 39 year old Burt Bender, was shot once in the abdomen. He was taken to a local hospital for treatment and is expected to survive.
Bender, who is white, told investigators he was walking home from a friends house when a red Pontiac passenger car pulled up and the occupants began yelling at him. Bender said the men in the car were black and that they yelled several racial slurs at him. The car drove around the block and pulled up to him again. The occupants yelled at him again and then one of the men shot him.
The car fled the area and has not been located. Anyone with information on this shooting is asked to call 812-436-7979 or WeTip at 1-800-78-CRIMlle Police are looking for the suspsects that were involved in a shooting near the intersection of Adams and Kentucky at 1:45 Friday morning.
The victim, 39 year old Burt Bender, was shot once in the abdomen. He was taken to a local hospital for treatment and is expected to survive.
Bender, who is white, told investigators he was walking home from a friends house when a red Pontiac passenger car pulled up and the occupants began yelling at him. Bender said the men in the car were black and that they yelled several racial slurs at him. The car drove around the block and pulled up to him again. The occupants yelled at him again and then one of the men shot him.
The car fled the area and has not been located. Anyone with information on this shooting is asked to call 812-436-7979 or WeTip at 1-800-78-CRIME.

For full details, view this message on the web.

IS IT TRUE May 30, 2014

46
Mole #??
Mole #??

 

IS IT TRUE that Councilwoman Stephanie Brinkerhoff-Riley may have been the center of controversy over releasing the recording of the exit interview of the 2012 City of Evansville audit but in the end she bowed out with a very forward looking video to admonish the City Council to move forward and concentrate on the real problems facing Evansville?…in her decision to resign from the symbolic office of VP of the City Council right before the mob driven meeting to bully her out, she deprived the ego driven feeding frenzy of an opportunity to chew her out in public?…the only reason it would have been in public is because the closed door meeting that was scheduled turned out to be illegal?…that is par for the course here in BACKROOM DEAL CITY and the CCO is glad the personal phase of this debacle is over?

IS IT TRUE the ego driven debacle may be over but today is the day that it is expected that the 2012 audit will actually be made public?…with the recording out there for all to see there will surely be some reasonable people who will compare the final report to the exit interview and will analyze any differences with a fine toothed comb?…if those differences are vast there will be calls for explanations?…the CCO does think it is possible that things like the fact from the recording that the payroll and pension accounts DID NOT BALANCE on March 12, 2014 could have been fixed during the 11 weeks it has taken to publish the final report?…if this problem really is behind us then kuddos to the City Controller Russ Lloyd for finally cleaning the unmitigated disaster that the Weinzapfel Administration left on his plate?…there were many other adverse opinions expressed in the recording on other subjects and the part about the federal funds management was the most disturbing?…it is time to start to focus on the content of both the recording and the forthcoming audit and stop the political grandstanding?…we hope the events of the last 11 weeks have taught our city council that substance matters more than fluff?…we are not taking bets on that?

IS IT TRUE that some other local politicians needs a reminder on the content of the Sherman Antitrust Act when it comes to interfering with the relationship between a business and a long established customer?…the following excerpt should make it crystal clear to anyone who takes the time to read it that doing things to interfere with such relationships has a very serious consequence?

Every “conspiracy, in restraint of trade or commerce” is illegal, the act says. “Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine” or “by imprisonment not exceeding three years, or by both said punishments.”

IS IT TRUE censorship is the suppression of words, images, or ideas that are “offensive,” happens whenever some people succeed in imposing their personal political or moral values on others?…censorship can be carried out by the government as well as private pressure groups?…censorship by the government is unconstitutional.

IS IT TRUE we hear that the political fix is IN ?…our back room Civic Center “MOLES” tell us that City Councilman Dr. Dan Adams will be elected the new Vice President of City Council at the next Council meeting?

Vanderburgh County Recent Booking Records

0
SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
EUGENE ALAN MEYER
Race: White / Sex: Male / Age: 46
Residence: 118 POWELL AVE EVANSVILLE, IN
Booked: 5/30/2014 5:30:00 AM
Released
Charge Bond Amt
FAILURE TO APPEAR-ORIGINAL CHARGE FELONY 0
Total Bond Amount: NO BOND
KELLY SUE CAINE
Race: White / Sex: Female / Age: 30
Residence: 2241 RHEINHARDT AVE EVANSVILLE, IN
Booked: 5/30/2014 4:46:00 AM
Charge Bond Amt
RESIST LAW ENFORCEMENT [AM] 100
ALC-PUBLIC INTOX [BM] 50
Total Bond Amount: $150
BRYAN ANDREW SHANES
Race: White / Sex: Male / Age: 27
Residence: 814 SHORT ST BICKNELL , IN
Booked: 5/30/2014 4:09:00 AM
Charge Bond Amt
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 200
Total Bond Amount: $200
INEZ DENISE WILKERSON
Race: Black / Sex: Female / Age: 32
Residence: 100 OSSI ST EVANSVILLE , IN
Booked: 5/30/2014 3:08:00 AM
Charge Bond Amt
CRIMINAL MISCHIEF LOSS >$250 < $2500 [AM] 100
Total Bond Amount: $100
COLIN CHRISTOPHER HARRINGTON
Race: White / Sex: Male / Age: 24
Residence: 2818 DENNISON ST EVANSVILLE, IN
Booked: 5/30/2014 2:12:00 AM
Charge Bond Amt
TRAFFIC-OPERATE HTV [DF] 0
Total Bond Amount: NO BOND
MISERY NMN CADET
Race: Black / Sex: Male / Age: 34
Residence: 712 E BLACKFORD AVE EVANSVILLE , IN
Booked: 5/30/2014 1:48:00 AM
Charge Bond Amt
NARC-POSS MARIJUANA, HASH OIL, HASHISH [DF] 0
TRAFFIC-OPERATE W/O EVER RECEIVING LIC 100
Total Bond Amount: NO BOND
SHAYLA CHARMAINE DEJARNETT
Race: Black / Sex: Female / Age: 25
Residence: 1257 BURDETTE AVE EVANSVILLE , IN
Booked: 5/30/2014 1:23:00 AM
Charge Bond Amt
NARC-POSS MARIJUANA, HASH OIL, HASHISH, < 30 G [AM] 100
Total Bond Amount: $100
ROSE ROYCE MCCRAY
Race: Black / Sex: Female / Age: 30
Residence: 1019 BELLEMEADE AVE EVANSVILLE, IN
Booked: 5/29/2014 11:01:00 PM
Released
Charge Bond Amt
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 300
Total Bond Amount: $300
ANTHONY DESHAWN NORWOOD
Race: Black / Sex: Male / Age: 24
Residence: 4107 KENSINGTON AVE EVANSVILLE , IN
Booked: 5/29/2014 10:32:00 PM
Released
Charge Bond Amt
BATTERY-SIMPLE ASSAULT [BM] 50
ALC-PUBLIC INTOX [BM] 50
Total Bond Amount: $100
KYLE CHAD HILDENBRAND
Race: White / Sex: Male / Age: 19
Residence: 3615 CHURCH RD EVANSVILLE, IN
Booked: 5/29/2014 9:25:00 PM
Released
Charge Bond Amt
WRIT OF ATTACHMENT 500
Total Bond Amount: $500
MELISSA LYNN CARTER
Race: White / Sex: Female / Age: 34
Residence: 100 OSSI ST EVANSVILLE, IN
Booked: 5/29/2014 9:16:00 PM
Charge Bond Amt
THEFT OTHER 50-200 [DF] 0
Total Bond Amount: NO BOND
ANTHONY JOHN TUCKER
Race: White / Sex: Male / Age: 31
Residence: 13101 BONEBANK RD MT VERNON, IN
Booked: 5/29/2014 8:48:00 PM
Charge Bond Amt
OMVWI-B A C .15% OR MORE [AM] 0
Total Bond Amount: NO BOND
RICKY LEE PAGE
Race: White / Sex: Male / Age: 47
Residence: 1517 W FLORIDA ST EVANSVILLE, IN
Booked: 5/29/2014 8:45:00 PM
Charge Bond Amt
THEFT OTHER >200 <100,000 [DF] 0
Total Bond Amount: NO BOND
ROBERT CARL ATTEBURY
Race: White / Sex: Male / Age: 50
Residence: 8300 WELBORN EVANSVILLE , IN
Booked: 5/29/2014 8:44:00 PM
Charge Bond Amt
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 250
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 250
Total Bond Amount: $500
STEPHANIE MARIE STOKES
Race: White / Sex: Female / Age: 29
Residence: 104 N NINTHTH AVE EVANSVILLE , IN
Booked: 5/29/2014 8:40:00 PM
Charge Bond Amt
THEFT OTHER 50-200 [DF] 0
Total Bond Amount: NO BOND
GARY WAYNE BABB
Race: White / Sex: Male / Age: 60
Residence: 710 MAXWELL AVE EVANSVILLE , IN
Booked: 5/29/2014 6:50:00 PM
Charge Bond Amt
ABK FILED PTR 0
Total Bond Amount: NO BOND
ADAM WAYNE SCOTT
Race: White / Sex: Male / Age: 35
Residence: 2007 WILDCAT PASS EVANSVILLE , IN
Booked: 5/29/2014 4:46:00 PM
Charge Bond Amt
PAROLE VIOLATION – STATE 0
Total Bond Amount: NO BOND
MELANIE LYNN MARTIN
Race: White / Sex: Female / Age: 41
Residence: 1140 E OLMSTEAD AVE EVANSVILLE , IN
Booked: 5/29/2014 4:33:00 PM
Charge Bond Amt
NARC-DEALING METHAMPHETAMINE (CONSPIRACY) [AF] 0
Total Bond Amount: NO BOND
TERRY LEE DAUGHERTY
Race: White / Sex: Male / Age: 44
Residence: 2039 POLLACK AVE EVANSVILLE , IN
Booked: 5/29/2014 4:28:00 PM
Charge Bond Amt
FAILURE TO APPEAR-ORIGINAL CHARGE FELONY 0
INTIMIDATION W/WEAPON [CF] 0
BATTERY- HFF INJURY [DF] 500
RESIST LAW ENFORCEMENT [DF] 0
CRIMINAL RECKLESSNESS [DF] 25000
INVASION OF PRIVACY [AM] 0
Total Bond Amount: NO BOND
LARRY WAYNE TOMLINSON
Race: Black / Sex: Male / Age: 37
Residence: 2740 CORONA DR EVANSVILLE , IN
Booked: 5/29/2014 4:00:00 PM
Charge Bond Amt
NARC-DEALING METHAMPHETAMINE (CONSPIRACY) [AF] 0
WEAPON-POSS FIREARM BY FELON [BF] 0
NARC-DEALING MARIJUANA [AM] 100
WEAPON-SAWED-OFF SHOTGUN DEAL/MANU [DF] 0
Total Bond Amount: NO BOND
DAVID MICHAEL FICKER
Race: White / Sex: Male / Age: 48
Residence: 2627 MEADOW LARK LN EVANSVILLE , IN
Booked: 5/29/2014 4:00:00 PM
Charge Bond Amt
COURT ORDERED CONFINEMENT 0
Total Bond Amount: NO BOND
CHAD EVERETTETE IRVIN
Race: White / Sex: Male / Age: 34
Residence: 407 W 5TH ST MT VERNON, IN
Booked: 5/29/2014 3:50:00 PM
Charge Bond Amt
COURT ORDERED CONFINEMENT 0
Total Bond Amount: $0
JOHN THOMAS CALDWELL
Race: White / Sex: Male / Age: 36
Residence: 213 S BARKER AVE EVANSVILLE, IN
Booked: 5/29/2014 3:36:00 PM
Charge Bond Amt
WRIT OF ATTACHMENT 1000
Total Bond Amount: $1000
JOHN JOSEPH NELSON
Race: White / Sex: Male / Age: 41
Residence: 1428 E WALNUT ST EVANSVILLE , IN
Booked: 5/29/2014 3:22:00 PM
Released
Charge Bond Amt
NARC-COMMON NUISANCE VISITING [BM] 50
Total Bond Amount: $50
JOEY SHAWN MONTGOMERY
Race: White / Sex: Male / Age: 35
Residence: 1402 DELMAR AVE EVANSVILLE , IN
Booked: 5/29/2014 3:17:00 PM
Charge Bond Amt
NARC-COMMON NUISANCE VISITING [BM] 50
Total Bond Amount: $50
JANESSA NICOLE MOORE
Race: White / Sex: Female / Age: 28
Residence: 100 OSSI ST EVANSVILLE , IN
Booked: 5/29/2014 3:15:00 PM
Charge Bond Amt
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 250
NARC-COMMON NUISANCE VISITING [BM] 50
Total Bond Amount: $300
EVERETT GLENN SERRETT
Race: White / Sex: Male / Age: 36
Residence: 806 N GOVERNOR ST EVANSVILLE , IN
Booked: 5/29/2014 3:01:00 PM
Released
Charge Bond Amt
NARC-COMMON NUISANCE VISITING [BM] 0
Total Bond Amount: $0
DANIELLE MARIE THORNTON
Race: White / Sex: Female / Age: 31
Residence: 806 N GOVERNOR ST EVANSVILLE , IN
Booked: 5/29/2014 2:55:00 PM
Charge Bond Amt
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 250
NARC-COMMON NUISANCE MAINTAINING [DF] 0
NEGLECT OF A DEPENDENT [DF] 0
Total Bond Amount: NO BOND
PEGGY SUE MORRIS
Race: White / Sex: Female / Age: 49
Residence: 806 N GOVERNOR ST EVANSVILLE, IN
Booked: 5/29/2014 2:51:00 PM
Charge Bond Amt
NARC-DEALING METHAMPHETAMINE [BF] 0
NARC-POSS SALVIA OR SYNTHETIC CANNABINOID <2 GRAMS [AM] 100
NARC-COMMON NUISANCE MAINTAINING [DF] 0
NARC-DEALING (OTHER) SCH I, II, III [BF] 0
Total Bond Amount: NO BOND
CHARLENE SHANNON THORNTON
Race: White / Sex: Female / Age: 29
Residence: 806 N GOVERNOR ST EVANSVILLE , IN
Booked: 5/29/2014 2:51:00 PM
Charge Bond Amt
NEGLECT OF A DEPENDENT [DF] 0
NARC-COMMON NUISANCE MAINTAINING [DF] 0
Total Bond Amount: NO BOND
JOSHUA LEE JARVIS
Race: White / Sex: Male / Age: 32
Residence: 806 N GOVERNOR ST EVANSVILLE, IN
Booked: 5/29/2014 2:39:00 PM
Charge Bond Amt
NARC-COMMON NUISANCE MAINTAINING [DF] 0
Total Bond Amount: NO BOND
JARED MICHEL SPRADLEY
Race: White / Sex: Male / Age: 19
Residence: 223 N MAIN ST GRIFFIN, IN
Booked: 5/29/2014 2:28:00 PM
Charge Bond Amt
NARC-DEALING MARIJUANA >30 GRAM [DF] 0
NARC-POSS MARIJUANA, HASH OIL, HASHISH [DF] 0
NARC-POSS PARAPHERNALIA [AM] 100
Total Bond Amount: NO BOND
ROSS THORNTON CORREIA
Race: White / Sex: Male / Age: 40
Residence: 100 OSSI ST EVANSVILLE, IN
Booked: 5/29/2014 2:28:00 PM
Charge Bond Amt
NARC-POSS PARAPHERNALIA [AM] 100
NARC-POSS SYRINGE [DF] 0
Total Bond Amount: NO BOND
LARRY JAMES BRADLEY
Race: Black / Sex: Male / Age: 43
Residence: 5610 BRENTWOOD CT EVANSVILLE, IN
Booked: 5/29/2014 1:54:00 PM
Charge Bond Amt
NARC-POSS METHAMPHETAMINE [DF] 0
Total Bond Amount: NO BOND
MORGAN CHRISTOPHER FOSTER
Race: White / Sex: Male / Age: 23
Residence: 1520 S ALVORD BLVD EVANSVILLE, IN
Booked: 5/29/2014 1:42:00 PM
Released
Charge Bond Amt
CTP – HOLD FOR COMMUNITY TRANSITION PROGRAM 0
Total Bond Amount: $0
LESLIE BERRY BARNETT
Race: Black / Sex: Male / Age: 54
Residence: 2831 WASHINGTON AVE EVANSVILLE, IN
Booked: 5/29/2014 12:51:00 PM
Charge Bond Amt
FAILURE TO APPEAR-ORIGINAL CHARGE FELONY 0
Total Bond Amount: NO BOND
JEFFREY DEAN BUNCH
Race: White / Sex: Male / Age: 52
Residence: 1946 TEXAS AVE EVANSVILLE, IN
Booked: 5/29/2014 12:00:00 PM
Charge Bond Amt
PETITION TO REVOKE PROBATION 0
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 250
Total Bond Amount: NO BOND

EPD Activity Report 5-29-2014

0

EPD PATCH 2012

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

 

EPD Activity Report 5-29-2014

Newest recruits to graduate from Police Academy during afternoon ceremony, public invited

3

SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.EPD PATCH 2012
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

 

The Southwest Indiana Law Enforcement Academy will be graduating 9 new Law Enforcement officers this afternoon.
The 2:00pm ceremony will be held at the Old National Bank Events Plaza and is open to the public.
The graduating Officers are:
Herbert Adams EPD
Ahmed Afifi EPD
Nathan Jones EPD
Mario Reid EPD
Ray Smith EPD
Matt Taylor EPD
Andrew Bunys Warrick County Sheriff’s Office
Robert Garza Austin PD
Korben Sellers Mt Vernon thwest Indiana Law Enforcement Academy will be graduating 9 new Law Enforcement officers this afternoon.
The 2:00pm ceremony will be held at the Old National Bank Events Plaza and is open to the public.
The graduating Officers are:
Herbert Adams EPD
Ahmed Afifi EPD
Nathan Jones EPD
Mario Reid EPD
Ray Smith EPD
Matt Taylor EPD
Andrew Bunys Warrick County Sheriff’s Office
Robert Garza Austin PD
Korben Sellers Mt Vernon PD

Justices affirm judgment in favor of national fraternity in wrongful death action

0

Jennifer Nelson for www.theindianalawyer.com  indianalawyer

 

A national fraternity assumed no duty to protect local chapter pledges and is not vicariously liable for the negligence of local chapter officers and representatives, the Indiana Supreme Court ruled Wednesday. The justices affirmed summary judgment for Delta Tau Delta in a wrongful death action brought by a deceased pledge’s family.

Johnny Dupree Smith, a freshman pledge of the Beta Psi Chapter of Delta Tau Delta, died of acute alcohol intoxication after drinking heavily at the fraternity house at Wabash College. His parents sued the national fraternity, the local chapter, Wabash College and others. The trial court granted the national fraternity’s motion for summary judgment, and the Court of Appeals affirmed.

The justices examined the issues brought by Smith’s family in light of its recent decision in Yost v. Wabash College, 3 N.E.3d 509 (Ind. 2014).

The Smiths argued two claims on appeal: that certain evidence designated by Delta Tau Delta should be stricken and there are genuine issues of material fact as to whether the national fraternity assumed a duty to protect the local chapter pledges and whether it is vicariously liable for the negligence of local chapter officers and representatives.

The justices decided that they may consider the affidavit of the executive vice president of the national fraternity but not the purported interview transcripts by police in evaluating Delta Tau Delta’s motion for summary judgment.

The Supreme Court, citing previous cases dealing with national fraternity liability for local chapter activities, including Yost, found there is no designated evidentiary material showing Delta Tau Delta had a right to exercise direct day-to-day oversight and control over the activities of the local fraternity and its members, Chief Justice Brent Dickson wrote. Just as in Yost, the specific duty undertaken in regard to the policies on hazing and underage and irresponsible drinking was an educational one without any power of preventative control.

The justices also found as a matter of law that an agency relationship does not exist between the national fraternity and the Wabash chapter or its members.

“Although subject to remedial sanctions, in their choice of conduct and behavior, the local fraternity and its members were not acting on behalf of the national fraternity and were not subject to its control,” he wrote. “The national fraternity is not subject to vicarious liability for the actions of the local fraternity, its officers or its members.”

The case is Stacy Smith and Robert Smith, Individually and as Co-Personal Representatives of the Estate of Johnny Dupree Smith, Deceased v. Delta Tau Dalta, Inc. and Beta Psi Chapter of Delta Tau Delta, et al., 54S01-1405-CT-356.