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.














Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.
Forcing a defendant to wear a stun belt, in court or otherwise, is a violation of american principles! It is also unconstitutional!
So, if I save $100.00 cash per week, from my $500.00 per week paycheck, for 50 years, at which time, I will have saved $260,000.00, the government can raid my home and take my money, just by saying it is drug money! Shouldn't the government, have some kind of evidence of drugs, rather, than just saying we are the government and we will take anything you own, anytime we choose? Tyranny is upon us! If you don't know your rights, you don't have any!