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Police deaths, injury inspire late legislation

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Although the deadline has passed to introduce new legislation, St. Joseph County Prosecutor Michael Dvorak has called on legislators to find current bills that will allow amendments to statute in response to two separate car accidents involving police officers.

On Jan. 9, Mishawaka Police Cpl. James Szuba and his K-9 partner, Ricky, were killed after an allegedly drunk driver fled from police, ran a red light, and hit Szuba's car. Current law allows for someone to be charged only for causing the death of a law enforcement animal when he or she knowingly or intentionally injures the animal. When the public learned Dvorak couldn't charge the driver for Ricky's death, they contacted legislators, including Rep. Craig Fry, D-Mishawaka, to update the OWI-causing-death statute, Indiana Code 9-30-5-5.

But the accident happened the day after the deadline to file bills in the legislature, so now Fry has to find a live bill to amend.

After hearing from constituents about the matter, Fry contacted Dvorak to discuss finding a bill to place the proposed amendment to the OWI-causing-death statute. The amendment as proposed by Dvorak would include any animal denoted as a law enforcement officer, such as horses used by police forces, which may have a greater probability of being hit and killed by a drunk driver than police dogs, Dvorak said. The two are also working on amending I.C. 35-44-3-3 to make it a Class A felony if someone resists law enforcement while operating a vehicle in a manner that causes the death of a law enforcement officer.

Approximately 10 days after the death of Szuba and Ricky, Dvorak said a South Bend officer was involved in an accident with an alleged drunk driver who was going the wrong way on a one-way street. The officer swerved to avoid hitting the other car but struck the back of it. He had some minor injuries and that driver fled. As a result of that accident, Dvorak found some gaps in the hit-and-run statute concerning battery of a person and suggested language to Fry to address those gaps.

Dvorak acknowledged it may be difficult to pass the amendment to the hit-and-run statute at this point in the short session because it's more complex than the other proposals. But he thinks the other two statutes have a better chance of making it through this session because they are simpler and precise changes to existing law.

"They aren't making broad policy change. There's very little language, yet at the same time, they have a profound impact if passed by law," he said.

Fry said he's been researching which bills to introduce these amendments, but there isn't a lot of legislation to amend because of the short session. The amendments may be offered to existing Senate bills up for hearing in House committees. Fry spent this week trying to get authors, co-authors, and sponsors lined up. There's a chance the amendments could get heard in committee next week.

Dvorak said if the amendments don't pass this session, he believes the issues will come up again in next year's long session.

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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