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COA affirms angry ex-boyfriend’s battery convictions

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A northern Indiana man, angry that his ex-girlfriend was in a new relationship, had his convictions of battery by means of a deadly weapon upheld by the Indiana Court of Appeals. The convictions stemmed from his ramming of the new boyfriend’s car with his.

Jennifer Kaminski’s new boyfriend, Andrew Bolinger, followed her home from his house in his friend Anthony Badzinski’s car. Bolinger was concerned for Kaminski’s safety because Michael Bowser was not happy his ex-girlfriend was seeing Bolinger. She stopped in a business’s driveway after seeing Bowser’s car, and he approached her car and was angry. He pulled away in his car after seeing Bolinger and Badzinski drive up.

But Bowser turned his car around and sped down the road, leaving his lane and hitting Badzinski’s parked car, seriously injuring the two.

He was charged with eight counts and convicted of all charges, but the court only entered judgment on two Class C felony convictions of battery by a deadly weapon.

In Michael Bowser v. State of Indiana, 71A03-1208-CR-361, Michael Bowser appealed his convictions, arguing the trial court should have granted his motion to sever the battery charges from the criminal recklessness charges. Bowser wasn’t entitled to severance as a matter of right based on the statute, but a court does have discretion in granting severance in certain cases, including complexity of the evidence to be offered.

“Here, there were a number of charged offenses but the evidence was not complex, consisting of testimony from five witnesses and twenty-one exhibits, primarily photographs,” Senior Judge Betty Barteau wrote. Also, “it is reasonable to conclude that the jury was able to distinguish the evidence and apply the law intelligently because the charged offenses differed only in levels of mental culpability, whether a deadly weapon was used, and the level of harm inflicted upon the victims.”

The evidence also supports that Bowser knowingly or intentionally battered the two men. The court rejected his argument that the collision was an accident.
 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

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  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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