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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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