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HABITUAL THIEF WHO TARGETED SMALL BUSINESS OWNERS FOUND GUILTY IN JURY TRIAL

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Evansville, IN – On August 29, 2023, Prosecutor Diana Moers announces that

Richard Zenon Bogacki, a habitual thief, was found guilty of three counts of Theft, all

Level 6 Felonies, in a jury trial before Judge Robert J. Pigman of the Vanderburgh County

Superior Court.

In February of 2019, local business owners hired Richard Bogacki as their

operations manager. Bogacki, who worked quickly to gain the trust of his employers, was

fired from his role in August when the business owners noticed several financial

discrepancies in the company. Just weeks prior to being terminated, Bogacki established

an LLC with a similar name to the company he worked for and made his wife the

registered agent. Richard Bogacki then opened a business banking account with the LLC’s

name. After completing work on a customer’s home through his employer’s business,

Richard Bogacki had the customer write the check to his new LLC. Bogacki then cashed

the check into his own business banking account. Bogacki committed the same offense

several times, having the customers write the check to his own LLC rather than his

employer’s business. Bogacki would also pay personal expenses out of his employer’s

business account.

At trial, Deputy Prosecutors Erik Bryant and John Bober presented bank records

of the Defendant’s illegitimate business, bank records of the victims’ legitimate business,

testimony from civilian homeowner witnesses who received services from the victim’s

business, and testimonies from the business owners and law enforcement. Previous

victims of Bogacki’s theft observed in the audience. After the guilty verdict, Bogacki was

taken into custody.

Prosecutor Diana Moers thanked her Deputy Prosecutors, Victim Advocate Teresa

Wilcox – who assisted these victims throughout the 4-year litigation, Morgan

Richardville, Carla Moore, Tony Carden, Tiffany Lubbehusen, and Kennadi Hagan who

all helped in the investigation and trial preparation. Moers also extended a thank you to

Detective Aaron McCormick, Sergeant Bill Arbaugh, and Detective Nathan VanCleave for

their roles in the investigation and trial process.

Prosecutor Diana Moers stated: “This is a reminder to the community that

financial crimes will be investigated and prosecuted with every resource we have

available. I have a background in prosecuting white-collar crimes and know first-hand the

devastating impact financial loss can have on peoples’ lives- from small businesses to our

banking institutions. Working hard to steal money from others thus robbing them of their

own hard work, trust, and time is a deplorable act that will impact generations and should

be treated as such. A community cannot thrive with these types of criminals among it.

My office will not turn away from these intricate cases. We have the knowledge to

investigate and prosecute financial theft cases to the fullest and we will leave no stone

unturned. Deputy Prosecutor Erik Bryant stated: “Our hope now is that our victims find

a sense of peace in knowing that this is behind them and their small business, which they

love so dearly.”

Sentencing is scheduled for October 5, 2023, in front of Judge Robert J. Pigman of

the Vanderburgh County Superior Court. The Defendant could face upwards of 7 years.

 

Higher stakes than reality TV

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Higher stakes than reality TV

Former President Donald Trump will receive more massive free television exposure in the non-distant future.

Georgia law allows for cameras in the courtroom. Trump’s trial, on charges that he, along with 18 other people, illegally conspired to steal the 2020 presidential election in Georgia will dominate every news network and streaming service when it begins.

Once again, Donald Trump will be the focus of the world’s attention.

This news has created much anticipation on all sides.

Trump’s detractors long have demanded that the many days in court that stretch before the former commander-in-chief be aired for the entire nation. They’re convinced that seeing his many transgressions of the law he took an oath to defend will put an end to the spell he has cast over a significant minority of America’s citizens.

Trump’s defenders, on the other hand, see his trial as another opportunity for their strong man to confront and vanquish those who persecute him—and them. The injustice of it all will become clear when the former president steps into the courtroom and takes the gloves off.

Both sides should be careful what they wish for.

The giddiness with which Trump’s critics seem to view seeing him tried on camera reminds me of that of former President Bill Clinton’s Republican opponents 25 years ago.

Then, the most vociferous GOP stalwarts thought releasing Clinton’s deposition regarding his affair with White House intern Monica Lewinsky would damn him before the nation.

They gambled that a man who had attended one of the top law schools in America and had spent his entire life honing his communications skills would look bad on camera when his entire career was on the line.

They bet big.

They lost.

Republicans were expected to score huge gains in the 1998 congressional elections, which took place during impeachment proceedings regarding Clinton. Instead, the GOP fought to a draw in U.S. Senate races and lost five seats in the contest for control of the U.S. House of Representatives.

Worse, the effort to punish Clinton precipitated upheaval among the GOP’s leadership, costing House Speaker Newt Gingrich, R-Georgia, and several other powerful Republicans their positions.

In the aftermath, pollsters and other analysts identified Republicans’ handling of the Clinton investigation as the reason voters turned away from them.

Republicans’ zeal in hunting Clinton turned a man who had engaged in an extramarital affair with an intern nearly three decades his junior—a man who later would be fined for committing perjury—into an object of sympathy rather than opprobrium.

Trump’s pursuers now should be careful not to make the same mistake.

This does not mean, though, that Trump and his defenders should think history inevitably will repeat itself.

One reason Clinton was able to escape the punishment that he likely deserved is that he understood each of the challenges confronting him. He had been trained as a lawyer himself and was smart enough to listen to his legal counsel.

Time and again, even when he crossed a line while under oath, he scampered back in a hurry, tiptoeing skillfully, qualifying his statements at every turn and creating reasonable doubt—and thus plausible cover for his defenders.

Trump, on the other hand, is in the mess he is because, over and over, he has confused the nature of the trouble he is in and tried to apply political solutions to legal problems. He can’t stop playing to his crowd, even when doing so puts him in great peril.

Blaming President Joe Biden and Democrats for the fact that he has to defend himself against charges that he paid a porn star hush money, illegally carried away and refused to return top-secret documents, summoned a mob to help him steal an election and conspired with a coterie of flunkies to fictionalize Georgia ballot totals in his favor may play with MAGA crowds conditioned to accept any whopper that emerges from Trump’s mouth.

But it’s not likely to work with a jury exposed to actual evidence rather than distortions and lies.

Nor is it likely to deter a prosecution team eager to use Trump’s own words against him.

Yes, Donald Trump’s trial will be televised.

Once again, the nation—no, the world—will watch as a man twists and trashes the Constitution he took an oath to defend in yet another attempt to save himself.

That’s entertainment.

John Krull is director of Franklin College’s Pulliam School of Journalism and publisher of TheStatehouseFile.com, a news website powered by Franklin College journalism students. The views expressed are those of the author only and should not be attributed to Franklin College.

Former President Donald Trump will receive more massive free television exposure in the non-distant future.

Georgia law allows for cameras in the courtroom. Trump’s trial, on charges that he, along with 18 other people, illegally conspired to steal the 2020 presidential election in Georgia will dominate every news network and streaming service when it begins.

Once again, Donald Trump will be the focus of the world’s attention.

This news has created much anticipation on all sides.

Trump’s detractors long have demanded that the many days in court that stretch before the former commander-in-chief be aired for the entire nation. They’re convinced that seeing his many transgressions of the law he took an oath to defend will put an end to the spell he has cast over a significant minority of America’s citizens.

Trump’s defenders, on the other hand, see his trial as another opportunity for their strong man to confront and vanquish those who persecute him—and them. The injustice of it all will become clear when the former president steps into the courtroom and takes the gloves off.

Both sides should be careful what they wish for.

The giddiness with which Trump’s critics seem to view seeing him tried on camera reminds me of that of former President Bill Clinton’s Republican opponents 25 years ago.

Then, the most vociferous GOP stalwarts thought releasing Clinton’s deposition regarding his affair with White House intern Monica Lewinsky would damn him before the nation.

They gambled that a man who had attended one of the top law schools in America and had spent his entire life honing his communications skills would look bad on camera when his entire career was on the line.

They bet big.

They lost.

Republicans were expected to score huge gains in the 1998 congressional elections, which took place during impeachment proceedings regarding Clinton. Instead, the GOP fought to a draw in U.S. Senate races and lost five seats in the contest for control of the U.S. House of Representatives.

Worse, the effort to punish Clinton precipitated upheaval among the GOP’s leadership, costing House Speaker Newt Gingrich, R-Georgia, and several other powerful Republicans their positions.

In the aftermath, pollsters and other analysts identified Republicans’ handling of the Clinton investigation as the reason voters turned away from them.

Republicans’ zeal in hunting Clinton turned a man who had engaged in an extramarital affair with an intern nearly three decades his junior—a man who later would be fined for committing perjury—into an object of sympathy rather than opprobrium.

Trump’s pursuers now should be careful not to make the same mistake.

This does not mean, though, that Trump and his defenders should think history inevitably will repeat itself.

One reason Clinton was able to escape the punishment that he likely deserved is that he understood each of the challenges confronting him. He had been trained as a lawyer himself and was smart enough to listen to his legal counsel.

Time and again, even when he crossed a line while under oath, he scampered back in a hurry, tiptoeing skillfully, qualifying his statements at every turn and creating reasonable doubt—and thus plausible cover for his defenders.

Trump, on the other hand, is in the mess he is because, over and over, he has confused the nature of the trouble he is in and tried to apply political solutions to legal problems. He can’t stop playing to his crowd, even when doing so puts him in great peril.

Blaming President Joe Biden and Democrats for the fact that he has to defend himself against charges that he paid a porn star hush money, illegally carried away and refused to return top-secret documents, summoned a mob to help him steal an election and conspired with a coterie of flunkies to fictionalize Georgia ballot totals in his favor may play with MAGA crowds conditioned to accept any whopper that emerges from Trump’s mouth.

But it’s not likely to work with a jury exposed to actual evidence rather than distortions and lies.

Nor is it likely to deter a prosecution team eager to use Trump’s own words against him.

Yes, Donald Trump’s trial will be televised.

Once again, the nation—no, the world—will watch as a man twists and trashes the Constitution he took an oath to defend in yet another attempt to save himself.

That’s entertainment.

FOOTNOTES: John Krull is director of Franklin College’s Pulliam School of Journalism and publisher of TheStatehouseFile.com, a news website powered by Franklin College journalism students. The views expressed are those of the author only and should not be attributed to Franklin College.
The City-County Observer posted this article without bias, or opinion. or editing.

SENATOR BRAUN INTRODUCES BILL TO BAN FEDERAL MASK MANDATES

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WASHINGTON – Senator Mike Braun has introduced a bill to ban federal mask mandates for domestic air travel, public transit systems, and primary/secondary/post-secondary schools. The bill is led by J.D. Vance and Senator Braun is a cosponsor along with Senator Josh Hawley and Eric Schmitt.

“We’re not going to go back to the top-down government overreach we saw during COVID. Congress needs to say forcefully that these ineffective, unscientific mask mandates are not coming back in any way, shape, or form,” said Senator Mike Braun.

“Multiple entities within our government, within the public health bureaucracy, there are local schools in the D.C. area now reimposing mask mandates, this is coming back unless we stop it from happening,” said Senator Vance. “That’s why I introduced this legislation, and I’m going to force the Democrats to vote on it. If they say the mask mandates are not coming back, then come to the Senate floor, vote with us, and say ‘no more mask mandates.’ Let’s make it bipartisan.”

On Thursday, Senator Vance will force Senate floor consideration of his Freedom to Breathe Act, which would prevent the reimposition of federal mask mandates for domestic air travel, public transit systems, and primary, secondary, and post-secondary schools.

Any floor objection to Senator Vance’s unanimous consent request would amount to a clear admission that Democrats intend to reimpose mask mandates in the near term. This narrowly tailored legislation sunsets in 2024 and does not apply to hospitals or nursing homes.

MAN WHO BEAT GAS STATION CLERK WITH WRENCH RECEIVES 10 YEARS IN PRISON AFTER SUCCESSFUL TRIAL

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Evansville, IN – Prosecutor Diana Moers announces that on September 1, 2023, James Francisco Payne was sentenced to 10 years to be served in the IDOC. The sentence was handed down by Judge Robert J. Pigman of the Vanderburgh County Superior Court. This sentencing follows a guilty jury verdict on January 9, 2023, of Battery by Means of a Deadly Weapon and Battery Resulting in Serious Bodily Injury, both Level 5 Felonies. The
two convictions merged as one count for sentencing purposes.

In May of 2022, James Payne stormed into a Circle K and came behind the counter
to ask the clerk where the knives were at. When the Circle K clerk wasn’t sure how to
respond, Payne then struck him in the head with a wrench multiple times causing a
laceration. Deputy Prosecutors John Bober and David Whitehead presented video
evidence at trial, which confirmed the victim’s testimony of the incident.

Prosecutor Diana Moers commended the victim for his testimony: “The brave survivor in this case testified that he has lasting fear and anxiety from this brutal attack. He will no longer work alone and is afraid to leave his home at night. His testimony serves as a reminder of the very real and lasting impact a brutal attack of this kind has on the life of a person which, in turn, will affect their lives in many ways even after the physical threat is neutralized. I am pleased that this violent Defendant is now removed from Vanderburgh County and will no longer pose a threat to the people of this community.”

Prosecutor Moers thanks her Deputies for the successful prosecution, Victim Advocate Lisa Deutsch for her efforts in this case, and thanks EPD Detectives Peter DeYoung and Todd Lincoln for their outstanding investigative work.

USI waiving undergraduate application fee last week of September in collaboration with College GO! campaign

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In conjunction with the College GO! campaign, sponsored by the Indiana Commission for Higher Education, the University of Southern Indiana invites Indiana students to submit their undergraduate admission applications for free during the week of September 24-30.

“We’re thrilled to be a part of this broader effort to empower Indiana students,” says Troy Miller, Vice President for Strategic Enrollment Management. “The college application begins a transformative journey for students and their families, and we’re grateful the College GO! campaign allows all Indiana students the opportunity to pursue higher education at USI.”

Prospective undergraduate Indiana students should apply at USI.edu/apply by midnight September 30 to ensure the fee is waived. In addition to consideration for acceptance, applicants will also receive consideration for merit-based scholarships.

Gov. Holcomb unveils overwhelming county participation in historic public health initiative

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Mandatory Credit: Photo by Darron Cummings/AP/Shutterstock (11717541e) Indiana Gov. Eric Holcomb delivers his State of the State address virtually, in Indianapolis State of the State, Indianapolis, United States - 19 Jan 2021

86 of 92 counties opted in to receive new state funding to improve core public health services.

INDIANAPOLIS—Governor Eric J. Holcomb today announced 86 of Indiana’s 92 counties have opted-in to receive historic funding to improve the health of Hoosiers through local partnerships between public health, healthcare, nonprofits and other entities as a result of legislation passed in the 2023 legislative session. Gov. Holcomb made public health a main priority during his 2023 Next Level agenda.

The overwhelming participation in the initiative known as Health First Indiana, which was made possible by passage of SEA 4 (2023) and HEA 1001 (2023), means that nearly 96 percent of Hoosiers will be guaranteed access to core public health services that will help address issues such as childhood lead poisoning, heart disease, tobacco cessation, obesity and maternal and infant mortality, and take additional steps to improve Indiana’s health outcomes.

“From the beginning of the public health commission, we were committed not just to identifying problems, but to solving Indiana’s pressing health problems in a way that meets the unique needs of Hoosiers, regardless of where they live,” Gov. Holcomb said. ”Communities across the state are recognizing this 1500% increased state investment as a game-changer for Hoosiers not just today, but for generations to come.”

Historically, Indiana’s 92 counties shared a pot of $6.9 million in public health funding annually from the state; under the new legislation, $75 million will be distributed to counties that opted-in beginning Jan. 1, 2024, and another $150 million will be allocated beginning in 2025. Counties that did not opt-in to the enhanced funding will have the opportunity to opt-in for 2025. Participating counties are working to finalize plans for the funding so they can formalize programming once the money is distributed.

Gov. Holcomb, who launched efforts to improve the delivery of public health services in August 2021 with the formation of the Governor’s Public Health Commission, said the state investment will be life-changing for many Hoosiers. Recognizing that counties are best positioned to address the health needs of their communities, the Health First Indiana funding allows counties to create innovative solutions aimed at improving local health outcomes.

State Health Commissioner Lindsay Weaver, M.D., FACEP, is actively traveling the state to discuss the implementation of Health First Indiana and believes counties are embracing the opportunity to focus on preventing diseases and working with partners to improve the well-being of their communities.

“In every community I visit, I hear about exciting new partnerships and programs that are breaking down silos and bringing public health, nonprofits, community groups and health care together to deliver local solutions to improve Hoosiers’ health,” Weaver said. “Good health is the foundation on which successful families, businesses and communities are built. By providing the financial resources and renewing the focus on prevention, Indiana is in the best position it has ever been to create the safest, healthiest state possible.”

USDA Awards New Partnership Project to Combat Climate Change

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Brubaker Farms is both a diary and green energy producer in Mount Joy, PA on March 19, 2011. The family farm owned by Luke, Mike and Tony Brubaker has approximately 850 cows and 700 young stock, producing 20,200,000 pounds of milk last year. It has 13 full-time employees and more than 1,500 acres of farmland. The digester can handle more than 41,859 metric tons of organic waste, to capture methane that powers a low emission generator producing 225 kW that powers the digester and farm operations. Excess power is sold to the local power grid, allowing the community to benefit from a green energy source. After producing methane, effluent from the digester is pressed to separate liquid and solid materials. The farm uses the liquids in fertilizer; and solids become the cows’ bedding for Brubaker and other local farms, that is cleaner than sawdust. The bedding saves the farm approximately $30,000 per year. Mount Joy residents can enjoy the fact that the process removes 90% of the odor from the cow manure. The methane itself is odorless and colorless. The system can accept an additional 2,600 gallons of food waste per day from local sources that would otherwise dispose of it in a local landfill. Additionally, their nutrient credits can be sold to the local municipality to help it to meet federal requirements and to keep sewer bills from rising. This provides additional revenue for the farm, and creates environmentally friendly community partnerships. USDA Multimedia by Lance Cheung.

The U.S. Department of Agriculture (USDA) announces it is investing $7.85 million in a locally driven, public-private partnership to address climate change and protect agricultural land. The Farmland Preservation and Climate Change Mitigation Project is a partnership between the Natural Resources Conservation Service (NRCS), the Pennsylvania Department of Agriculture, Clearwater Conservancy, Western Pennsylvania Conservancy, and the Rodale Institute.

The project has been awarded through the NRCS Regional Conservation Partnership Program (RCPP) and will help implement climate-smart conservation practices on preserved farms and acquire farmland and forest easements across the state of Pennsylvania.

“The RCPP demonstrates public-private partnerships working at their best,” said Denise Coleman, NRCS State Conservationist in Pennsylvania. “This new project will harness the power of partnerships to help bring about solutions to natural resource concerns across Pennsylvania while supporting our efforts to combat the climate crisis.”

USI hosts Mayor’s Cup Saturday at Strassweg

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Eagles-Aces matchup starts 4-game homestand

EVANSVILLE, Ind. – University of Southern Indiana Men’s Soccer begins a four-game home Saturday by hosting the University of Evansville for the 2023 Mayor’s Cup at Strassweg Field. Match time is set for 7 p.m.
 
Tickets for the 2023 Mayor’s Cup are on sale now and tickets can be purchased on-line through the USI Ticket Office for $10 each.
 
Tickets purchased in advance will be available at will call or can be picked up at the USI Ticket Office in Screaming Eagles Arena September 7 and 8 between 2 p.m.-4 p.m. A portion of each ticket sold benefits the YMCA of Southwestern Indiana.
 
Tickets are limited, so Screaming Eagles and Purple Aces fans are encouraged to buy in advance. USI students will be admitted free of charge with a valid University ID while tickets last. For questions or more information, call the USI Ticket Office at 812-465-1189.
 
Following the Mayor’s Cup, the Eagles continue the homestand Tuesday when they host Belmont University for a 7 p.m. matchup. After a weekend off, USI concludes the homestand with visits by Northern Kentucky University September 19 and Southern Illinois University Edwardsville September 28. The USI-SIUE matchup is the Ohio Valley Conference opener for the Eagles will be the first meeting between the two programs since the Cougars departed Division II in 2007.
 
Links to follow the Screaming Eagles in 2023, including live stats and video streams, can be found at USIScreamingEagles.com.
 
USI Men’s Soccer Week 3 Notes:
USI on the road: The Screaming Eagles had a rough road trip to Wisconsin and Ohio. USI struggled in a 7-0 defeat at the University of Wisconsin-Green Bay but posted a much-improved effort against #9 University of Akron in a 1-0 loss.

Meissner bounces back: USI senior goalkeeper Alec Meissner allowed four goals in the first half versus Green Bay but bounced back to hold #9 Akron to one goal in 90 minutes Monday.
Eagles need offensive jump start: USI needs to get the offense rolling in 2023. The Eagles have been outscored, 13-1, and outshot, 75-25.

First goal of the season: USI junior defender Sam Benoist posted the Eagles’ first goal of the season, finding the back of the net in the second half versus Indiana University/Purdue University Indianapolis.

Evansville in 2023: The University of Evansville is 1-2-1 to start the 2023 campaign. The Aces were 0-2-0 in their recent road swing, losing 2-1 decision at High Point University and the University of North Carolina Asheville.

USI vs. Evansville: The Eagles and Aces met for the first time during the regular season last fall with the teams battling to a 0-0 draw. USI senior goalkeeper Alec Meissner blanked the Aces over 90 minutes, while making five saves.

Belmont in 2023: Belmont University has started 2023 with a 2-0-2 record in the first two weeks of the schedule. The Bruins were 1-0-1 in Birmingham, Alabama, last weekend, posting a 2-1 win over Houston Christian University and a 1-1 tie with Chicago State University.

USI vs. Belmont: The Bruins took the first meeting between the two programs in 2023, defeating the Eagles, 2-0, in the season opener in Nashville, Tennessee.

 

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