On September 21, 2024, at 2:56 p.m. Gibson County Central Dispatch received a 911 report of an accident with injuries in the 8400 block of South 1675 West in rural Southwest Gibson County. Upon arriving Deputy Bart Wagner spoke with 28 year old Trenton Duncan of rural Owensville and learned that Mr. Duncan had lost control of his 2024 Yamaha YZ250 while riding it. While speaking with Mr. Duncan Deputy Wagner detected clues that the driver may be under the influence alcohol. At that point Deputy Wagner began an OWI investigation. Once the roadside investigation was complete Deputy Wagner transported Mr. Duncan to Deaconess Gibson for a certified chemical test and to have the driver medically cleared. Once Mr. Duncan was cleared he was transported to the Gibson County Jail where he was charged with Operating a Vehicle While Intoxicated .15 or more.
Assisting Deputy Wagner in his investigation was Sgt. Loren Barchett, Owensville Town Marshal Rodger Leister, and Posey County Deputy Levi Rogers.
All criminal defendants are to be presumed innocent until, and unless proven guilty beyond a reasonable doubt in a court of law.
Oakland City woman with warrant receives additional charge for resisting arrest
On September 22, 2024, at 11:12 a.m. Gibson County Deputies Levi Sims, Loren Barchett and Zach Lienemann went to the Family Dollar located at 1310 West Morton Street in Oakland City to serve and outstanding warrant on 38 year old Hailey Hudson of Oakland City. Upon approaching the outside of the business Deputy Sims observed Ms. Hudson outside the building and attempted to place her into custody. While attempting to put handcuffs on Ms. Hudson she physically resisted Deputy Sims and she was taken to the ground where Deputy Lienemann assisted in securing Ms. Hudson for transport to the Gibson County Jail. Upon being transported to the Gibson County Jail Ms. Hudson was charged with Failure To Appear Warrant on her initial charge of Assault/ Battery By Bodily Waste as well as a new charge of Resisting Law Enforcement.
All criminal defendants are to be presumed innocent until, and unless proven guilty beyond a reasonable doubt in a court of law.
Warrant service nets arrest of Oakland City woman on new charge
On September 19, 2024, at 9:37 a.m. Gibson County Deputies Levi Sims and Quinten Might went to a residence in the 8200 block of East 550 South to serve an arrest warrant on 40 year old Amanda Pemberton of Oakland City for a probation violation on her original Possession of Amphetamine charge. Upon arriving at the residence Deputy Sims made contact with Ms. Pemberton and informed her she had a warrant for her arrest. During that conversation Ms. Pemberton attempted to flee from Deputy Sims. Deputy Sims quickly secured Ms. Pemberton and placed her into custody and transported her to the Gibson County Jail where she was charged with Resisting Law Enforcement/Fleeing. She was also booked in on the existing outstanding arrest warrant.
Assisting Deputies Sims and Might in this incident was Oakland City Police Chief Tim Gaines.
All criminal defendants are to be presumed innocent until, and unless proven guilty beyond a reasonable doubt in a court of law.
Daily road closures planned for State Road 356 in Pike County
PIKE COUNTY, Ind. – The Indiana Department of Transportation announces daily road closures on State Road 356 in Pike County.
Beginning on or around Tuesday, October 1, crews will begin daily road closures on State Road 356 in Pike County. The closures will occur between North County Road 700 E and County Road 375 East. Daily closures will occur between 7:00 am and 8:00 pm.
Each closure will allow for a pipe replacement project. Work is expected to take four days to complete, depending on the weather.
The official detour is State Road 57 to State Road 61 to State Road 56 to State Road 257. Local traffic will have access up to the point of closure.
Get it right on National Seat Check Saturday: Proper car seat, installation could save a life
SPRINGFIELD – National Seat Check Saturday is this Saturday, Sept. 21, with the Illinois Department of Transportation reminding parents and caregivers to take advantage of free car seat checking stations throughout the state. Technicians will be available to determine if your child is in the right car seat, provide instruction on how to install them correctly and explain the importance of registering with manufacturers in case of a recall.
“Using the right car seat and having it installed correctly is one of the best ways to protect your child when riding in a vehicle,” said Stephane B. Seck-Birhame, IDOT’s bureau chief of Safety Programs and Engineering. “Please use this opportunity Saturday to learn more about what you can do to keep children in your care safe and secure while doing your part to drive fatalities on Illinois roads down to zero.”
Click here to find a seat check station in your area.
Crashes are a leading cause of death for children 1 to 13 years old. In many cases, the appropriate car seat could have saved lives. Studies show four out of every five car seats are installed incorrectly.
Illinois law requires children under age 2 to be properly secured in a rear-facing child restraint system unless they weigh more than 40 pounds or are more than 40 inches tall. Children must remain rear-facing until age 2. Always follow the car seat manufacturers harnessing instructions and height and weight limitations for a rear-facing installation.
Booster seats are an essential step between car seats and seat belts. The transitional seats position the seat belt so that it fits properly over the stronger parts of your child’s body. Don’t feel pressured to put your child in a seat belt too soon. If your child is ready to use a seat belt, ensure the seat belt fits correctly.
Tips on child passenger safety:
Take advantage of car seat safety checks held throughout Illinois.
If you are unable to take part in National Seat Check Saturday, schedule a car seat installation with a certified child passenger safety technician.
Children should ride in the back seat at least through age 12.
If your kids complain about wearing seat belts, don't negotiate. Don't drive off until they buckle up.
Parents and caregivers can model safety. Research shows there is a strong correlation between adults who buckle up and the seat belt use of child passengers.
Don’t purchase a car seat from someone without knowing the history.
The life of a car seat is from six to eight years. Check for recalls by clicking here.
The national Child Passenger Safety Week campaign is made possible by federal traffic safety funds administered through IDOT.
For more information, visit Buckle Up Illinois or www.nhtsa.gov/therightseat.
WVC Faculty Union Donates $500 to FRESH
The faculty labor union at Wabash Valley College (WVC) has donated $500 to FRESH, a program that provides free non-perishable food and basic personal items to WVC students in need. The donation comes from the WVC Illinois Eastern Community Colleges Education Association (IECCEA) staff labor union, with about 25 faculty members contributing $10 each.
FRESH, which stands for "Food Resources Erase Student Hunger," offers essentials like food, toiletries, and paper goods to ensure all WVC students have access to the resources they need, allowing them to focus on their education without worrying about necessities.
FRESH was launched and continues to thrive thanks to contributions from individual donors, local organizations, and Heartland Worship Center’s Bridges of Hope. Donations are always welcome. Anyone interested in donating non-perishable food, personal hygiene products, or making a cash donation may contact Jill Winter, WVC FRESH Faculty Coordinator, at winterj@iecc.edu or (618) 263-5123.
Winter said, "We are grateful that the WVC Faculty not only support our mission to serve students but also support FRESH financially. Donations from individuals and groups on campus and within the community help us to assist students facing food insecurity."
Renovated Riverview Stadium On Full Display During Homecoming Weekend
For many Aces fans, tonight’s homecoming game will be the first time they’ll see the finished renovation of Riverview Stadium. The premiere of Legends Fieldhouse two weeks ago was a smashing success according to District #348 Superintendent Dr. Chuck Bleyer….
One new feature of the renovation Golden Aces light sticks which Bleyer says are very useful….
The homecoming game against Newton kicks off at 7pm at the Stadium.
State wraps up case in challenge to assault weapons ban
By PETER HANCOCK
Capitol News Illinois
phancock@capitolnewsillinois.com
EAST ST. LOUIS – A federal judge invoked images from the 1917 race riots in East St. Louis, Illinois, on Thursday at the end of a trial in a case challenging the constitutionality of the state’s ban on assault-style weapons and large-capacity magazines.
Judge Steven McGlynn, who has presided over the trial, called attention to the neighborhood just outside the courthouse, much of which was destroyed during a series of deadly attacks by a white mob against the city’s Black population.
“The official death toll was 39, but no one believes that,” McGlynn said, noting that the true death toll was probably in the hundreds.
“I wonder what would have happened,” he said in a possible indication of how he intends to rule. “I wonder what would have happened if they (the Black population) had had some of the weapons we’re talking about today.”
Illinois lawmakers passed the assault weapons ban, officially known as the Protect Illinois Communities Act, during a special lame duck session in January 2023. It came in response to numerous mass shootings across the country in which gunmen used AR-style weapons. Among those was a shooting the previous summer at an Independence Day parade in Highland Park that left seven people dead and dozens more injured or traumatized.
The trial in the Southern District of Illinois involved four cases, each with multiple plaintiffs who argued the law violates the Second Amendment right to keep and bear arms.
Throughout four days of testimony, a central issue has been whether the weapons and equipment covered under the law are commonly used in American society for lawful purposes such as self-defense, and thus protected under the Second Amendment, or military-grade weapons that state and local governments can more easily keep out of civilian hands.
It’s a distinction the 7th Circuit Court of Appeals made when it first reviewed challenges to the assault weapons ban. In a 2-1 ruling in November 2023 that denied requests to block enforcement of the law while challenges proceeded, the appellate court said there is a “long tradition” of distinguishing between military and civilian weapons and that the state’s assault weapons ban “respects and relies on that tradition.”
That decision was appealed to the U.S. Supreme Court, which said in July it would not hear the case until after the lower courts had conducted full trials.
The trial in the Southern District of Illinois began Monday with plaintiffs in the case presenting expert witnesses who argued the AR-style rifles and other weapons covered by the law are among the most popular firearms on the market in the United States and that they are suitable for self-defense and other purposes.
And they drew a sharp distinction between the semiautomatic weapons covered by Illinois law that can only fire one shot with each pull of the trigger, which they said have no practical value in a military setting, and fully automatic weapons that can fire continuously for as long as the trigger is pulled.
But the state has countered with its own expert witnesses who argued semiautomatic weapons like the ones covered under the Illinois law are actually more suited to military purposes than fully automatic weapons, which they said are less accurate, waste ammunition, and are prone to overheating and jamming in combat situations.
Jason Dempsey, a retired Army colonel who now works as a senior fellow at the left-leaning Center for a New American Security, said that during his tours of duty in Iraq and Afghanistan, he never used his service rifle in fully automatic mode, and neither did the soldiers serving under him.
During cross-examination, though, plaintiffs’ attorney Andrew Lothson pointed out that Dempsey himself owns an AR-style rifle with many of the features that would make it illegal under the Illinois law. Dempsey replied that he does not favor a total ban on such weapons but believes people who own them should be trained in how to use them safely.
Another key question in the trial, and one that attorneys in the case have said they will address in written briefs, is whether there is a historical tradition the type of weapons covered by the Illinois law that dates back to the founding of the Constitution.
That is a relatively new legal standard first articulated by the Supreme Court in 2022 in New York State Rifle & Pistol Association v. Bruen.
During closing arguments, Lothson argued the law should be held unconstitutional because all the items covered by it are “useful for self-defense” and are not militaristic in nature. He also said neither the U.S. military nor any foreign military uses the semiautomatic-only weapons banned under the Illinois law.
But Kathryn Hunt Muse, of the Illinois attorney general’s office, argued there is no functional difference between the assault-style weapons covered under the law and the M4 or M16 service weapons commonly used in the U.S. military.
Attorneys in the case still have 30 days to submit written briefs and exhibits as well as their own proposed findings of fact and conclusions of law, which could form the basis of McGlynn’s final ruling.
McGlynn did not indicate when such a final ruling would be issued.
The U.S. District Courthouse is pictured in East St. Louis (Capitol News Illinois photo by Peter Hancock)
High court: Smell of burnt cannabis is not cause for warrantless vehicle search
By HANNAH MEISEL
Capitol News Illinois
hmeisel@capitolnewsillinois.com
Law enforcement officers in Illinois cannot rely on the smell of burnt cannabis alone to justify searching a vehicle without a warrant, the Illinois Supreme Court ruled on Thursday.
The decision was unanimous, though Justice Lisa Holder White did not take part in it. Writing for the court, Justice P. Scott Neville pointed to Illinois’ landmark 2019 law legalizing recreational cannabis, which decriminalized the possession of the drug up to 30 grams.
“The laws on cannabis have changed in such a drastic way as to render the smell of burnt cannabis, standing alone, insufficient to provide probable cause for a police officer to search a vehicle without a warrant,” Neville wrote in a 20-page opinion.
The case stems from September 2020, when Ryan Redmond was pulled over by an Illinois State Police trooper on Interstate 80 in Henry County, just east of the Quad Cities. Redmond’s license plate was allegedly not properly secured to his vehicle, and he was driving three miles above the speed limit, according to court records.
But during the interaction, the trooper allegedly smelled burnt cannabis in Redmond’s vehicle and upon searching the vehicle, he found approximately a gram of cannabis in the car’s center console.
Redmond was later charged with a misdemeanor for failure to transport cannabis in an odor-proof container.
The court found that the trooper’s detection of the “burnt cannabis” odor in the vehicle “certainly established reasonable suspicion to investigate further,” but noted that the officer’s further investigation yielded nothing more, including no signs that Redmond’s driving was impaired. Therefore, Neville wrote, the officer’s reasonable suspicion should have never advanced to “probable cause to search.”
Though the court acknowledged the trooper’s initial suspicion that Redmond could’ve “smoked cannabis in the car at some point” was not out of the realm of possibility, Neville pointed out that the officer not only “observed no signs of impairment” but also found no drug paraphernalia or evidence of cannabis use in the car on further investigation.
The trooper “also did not smell the odor of burnt cannabis on Redmond, which undercuts the reasonable belief that Redmond had recently smoked cannabis inside the vehicle while on an Illinois highway,” the opinion said.
The court heard Redmond’s case in January, alongside arguments in a related case focused on the section in Illinois law that requires cannabis be stored in a sealed, odor-proof container if being transported in a car.
Read more: Illinois Supreme Court to determine if cannabis odor can be cause for vehicle search
In that case, an Illinois State Police trooper pulled over a car for speeding in rural Whiteside County, also near the Quad Cities, and then arrested the passenger of the vehicle for unlawful possession of cannabis. According to court records, Vincent Molina’s December 2020 arrest came after the officer found a small box of rolled joints in a vehicle search predicated on the smell of raw cannabis in the car, though Molina told the officer he had a medical cannabis card.
Though the Supreme Court heard the cases in consolidated arguments earlier this year, the justices only ruled on Redmond’s case Thursday. The decision briefly mentioned the Molina case in a footnote saying the court was not addressing “the validity of the odor-proof container requirement” in the Redmond decision.
Ahead of the joint oral arguments in January, national and state-level chapters of the American Civil Liberties Union and the National Association of Criminal Defense Lawyers filed a brief in support of Molina and Redmond, writing that allowing the odor of cannabis as cause for searching a vehicle will lead to biased enforcement against Black and Latino Illinoisans.
“There is a decades-long pattern of police in this state using pretext like cannabis odor to disproportionately stop and search Black and Latino drivers,” the brief reads. Illinois’ stop and search policy “unfairly subjects (Black and Latino drivers) to at-will intrusions of their privacy and relegates them to second-class citizenry.”
The organizations argued the legalization of cannabis means its presence is not indicative of contraband or crime.
Thursday’s opinion also noted that other states agree, holding up a Kansas Supreme Court decision from earlier this year as an example. High courts in other states, including Minnesota, Delaware, New Jersey, Pennsylvania and Vermont have ruled similarly, though Wisconsin’s Supreme Court decided the opposite in a 2023 ruling.
Other states have also passed laws prohibiting warrantless searches of vehicles based solely on the smell of cannabis. But a similar effort in Illinois stalled last year as the Redmond and Molina cases were pending.
Dilpreet Raju contributed.
Vigo County Accident Sends One to the Hospital
Vigo County - September 19, 2024, at approximately 8:40 a.m., troopers from the Indiana State Police Putnamville Post responded to an accident involving a semi tractor-trailer and two other vehicles on Interstate 70 near the sixteen-mile marker eastbound.
The preliminary crash investigation by Trooper Brad Fyfe revealed that Corey R. Yund, age 34, of Crawfordsville, Indiana, was driving a 2020 Ford truck westbound on Interstate 70 and suddenly reduced his speed near the sixteen-mile marker to make an illegal U-turn at the interstate turnaround. This is when Tyler A. Nusbaumer, age 21, of Indianapolis, driving a 2017 Dodge truck, struck Yund in the rear. This collision forced Yund’s truck to travel south into the median then into the eastbound driving lane of Interstate 70. Yund was then struck by a 2021 Freightliner semi tractor-trailer being driven by Haiguang Zhong, age 42, of Rosemead, California. This collision forced Yund’s truck back into the median, where it eventually stopped, facing east. Zhong’s tractor-trailer traveled off the south side of Interstate 70 coming to a stop.
Upon the arrival of the first responders, Yund was extracted from the vehicle and transported by ambulance to a local hospital, for further medical care. There were no other injuries reported.
Trooper Fyfe was assisted at the crash scene by several troopers of the Putnamville Post, Riley Fire Department, Trans Care, and Edington’s Wrecker Service
Yund was cited for making an illegal U-turn.
The Indiana State Police Putnamville Post wants to encourage all motorists to not make illegal U-turns and to follow all signs posted on the roadways.
