The Press-Dispatch
Issue link: https://www.ifoldsflip.com/i/210126
A-2 Wednesday, November 13, 2013 The Press-Dispatch H Board denies Fears' claims Earl Whitehead Oral Whitehead Ray Whitehead Tom Whitehead H Brothers served in WWII Hamm. After he got back, he went to work farming. He and his wife Carol met at a dance on a Saturday night in Monroe City. He was 28 when he and Carol got married in 1950. He farmed, drove a semi-truck, worked at Farm Bureau mill and also for the State Highway Dept. Couple arrested on meth charges By Andy Heuring A Winslow husband and wife were arrested on meth charges last Thursday after police served an arrest warrant and found a woman smoking meth. Angel Bellamy, 36, and Aaron Bellamy, 42, both of 1953 E. Logtown Road, Winslow, Aaron Bellamy were arrested on charges of dealing methamphetamine, a class B felony; possesAngel Bellamy sion of meth, a class D felony, maintaining a common nuisance, a class D felony and possession of paraphernalia, a class D felony. Angel was also charged with false informing. Indiana State Trooper John Davis said he went to the Bellamy residence with Pike County Deputy Dallas Killian to serve an arrest warrant for Angel on a community corrections violations. She is accused of walking away from the Wabash Valley Work Release Center. Trooper Davis said he went to the Bellamy residence, and as police were getting ready to knock on the door, he noticed Angel with a smoking pipe in her hand and she was putting a substance from a plastic baggie into the pipe. Davis said when they knocked on the door, Angel put the pipe under her chair. She then told police she had to put her clothes on, although Davis said she already had her clothes on. A few minutes later, they knocked again and she came to the door, but claimed to be Christine Hernandez. She told police Angel had jumped out the back window. Eventually, she admitted to being Angel. Also, Trooper Davis stated in his report, while talking with Angel, she started to perspire heavily, grind her teeth and H School administrators Continued from page 1 Following approximately 10 seconds of silence, Grubb asked if there was a second to Waltz's motion. Hearing none after another 10 seconds of silence, Grubb declared, "The motion will die for the lack of a second." WEDNESDAY, NOV. 27TH • 11-2 P.M. SERVING Thanksgiving DaY buffeT BUFFET INCLUDES Turkey, Ham and all the Trimmings 11 $ 95 plus DrinkS & Tax * Reservations a must, call: 354-9259 * Village Inn 242 South Hwy. 57, Petersburg twitch. He said these are typical symptoms of someone who had ingested meth. Davis said Angel denied ingesting it, but later admitted it and was taken to the Daviess Community hospital. Aaron Bellamy was not at home when police arrived, but when he arrived he was taken into custody and transported to the Pike County Jail. State Police said they found several items used in making meth in the residence, including an HCL generator, a bottle of Liquid Fire, burnt aluminum foil, a mirror with white residue on it and corners of a plastic bag cut off, with the top twisted shut, containing a white powder that field tested positive for meth. Fears "believes that there is a substantial likelihood that he will be successful on the merits of his claim in that he can produce evidence and witnesses proving that he has been singled out and treated differently from other employees of the school corporation in retaliation for making oral statements concerning the functionality of the Board's plans in violation of his First Amendment right to free speech even though he at no time refused to cooperate with those plans." Fears "further believes that it is a substantial likelihood that he will be successful on the merits of his claim in that the Pike County School Board found insufficient grounds for the cancellation of his contract based on insubordination," the complaint continues. The termination of Fears' contract, the complaint further states, threatens to do him substantial and irreparable harm due to damage to his reputation, loss of income and loss of benefits "including, but not limited to, health insurance." "The threatened injury to the plaintiff ... far outweighs the damage the potential damage of an injunction on the defendant herein for the reason that during the plaintiff's 17-year performance in his capacity as an educator, Otwell Elementary School has consistently been honored as one of Indiana's top ranking schools, and that the actions that have been alleged against him have in no way resulted in any damage or loss to Otwell Elementary, its students, teachers or to the Pike County School Board, and there is no disservice to public interest in plaintiff's reinstatement." The complaint requests that a restraining order be issued to prevent the Pike County School Corporation from enforcing its termination of Fears' contract "until this matter can be heard and decided by the Court, and for all other relief appropriate in the premises." The complaint also accuses the corporation of breaching Fears' contract. "As a result of the defendant's breach of contract, the plaintiff has suffered damages," states the complaint, which goes on to ask that Fears be given damages "including, but not limited to, loss of income and health benefits, and for all other relief appropriate in the premises." Finally, the complaint accuses the corporation of "employment discrimination" and seeks compensatory and punitive damages. "The plaintiff was singled out by the defendant, Pike County School Board, and/ or its agents, members or other representatives, and treated differently from other employees of the school corporation in retaliation for making oral statements concerning the functionality of the Board's plans in violation of his First Amendment right to free speech even though he at no time refused to cooperate with those plans," the complaint states. "The plaintiff was held to a different standard than other teachers in the employ of the defendant, Pike County School Corporation, and was subjected to discipline for acts that were tolerated and/or accepted in other employees," the complaint continues. "As a result of the defendant's actions, the plaintiff has suffered monetary damages as well as damage to his reputation in the community, both personal and professional." The board's answer denies each of the complaint's allegations and requests that Fears "take nothing by way of his Complaint, for judgment, costs, and all other just and proper relief in the premises." In addition, the board's answer includes the following affirmative defenses: • Fears' complaint fails to state a claim upon which relief can be granted againstPike County School Corp. • Fears' claims, in whole or in part, are barred by the doctrines of "collateral estoppel, issue preclusion, and/or claim preclusion." • Pike County School Corporation has qualified immunity and is not liable. • Pike County School Corporation is entitled to judicial immunity and quasi-judicial immunity. • Pike County School Corp. has good faith immunity under applicable law. • Fears' alleged damages were not directly or proximately caused by any act or omission of the Pike County School Corporation. • The scope of Fears' available judicial review is limited pursuant to state law. "Any allegations or rhetorical paragraphs contained in the plaintiff's Complaint which are not specifically admitted, denied or responded to ... are hereby denied," the board's answer states. "The defendant reserves the right to add additional affirmative defenses as those defenses are learned of through the discovery process." Jim Isaacs, a former principal at Princeton and Gibson Southern high schools, is currently serving as interim principal of Otwell Elementary School. H Satterfield trial Continued from page 1 have the state appointed expert removed from the trial. However, Pike Circuit Court Judge Jeff Biesterveld denied Walton's motion. The trial will start with jury selection Monday morning. Once a jury is selected, Pike County Deputy Prosecutor Noah Shafer and defense attorney Walton will present opening arguments. Each side will then present evidence and witnesses. It is expected to finish Thursday or Friday with closing arguments from both attorneys. Warm Up To Quality! 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Ask your contractor for details or visit www.energystar.gov. %+ YEAR PARTS LIMITED AFUE WARRANTY Continued from page 1 tations for the European African Middle Eastern Theater, Service medal, Good Conduct Medal, Army Occupation of Italy medal and Combat Infantry Man badge and Rifle marksman badge. Tom and all four brothers survived the war and made it back to the United States. "His parents were very, very proud," said Continued from page 1 no meaningful way to accurately evaluate and compare teachers," stated the findings-of-fact adopted unanimously by the school board. In addition, the findingsof-fact stated that Fears falsified attendance records for 15 students (by allegedly changing them from "absent" to "present" to make Otwell's attendance rate appear better) and that he released and publicized IRead 3 test results for students "knowing that said results were still under embargo at the time of the release." "Such conduct exhibits a lack of trustworthiness that is inappropriate for a Principal and Teacher in the Pike County School Corporation and constitutes other good and just cause," the findings-of-fact state. Fears, who was placed on paid administrative leave on July 17, had been employed by the Pike County School Corporation for 23 years. At the time of his termination, he was starting the final year of a two-year contract that paid him a salary of $86,545.75 per year. In a six-page complaint filed in U.S. District Court in Evansville on Oct. 2, Fears is asking that he be reinstated while his wrongful termination lawsuit is pending. "Immediate and irreparable injury and loss or damage will result to the plaintiff before this matter can be heard and resolved unless he is reinstated to his position at the Pike County School Corporation and a hearing can be held on his application for a restraining order to restrain the defendants from terminating his employment through the contract period," the complaint states. Filed on behalf of Fears by Boonville attorney Mark Phillips, the complaint notes that Otwell Elementary School received "numerous awards" during Fears' tenure, including being the only Pike County school to be awarded National Blue Ribbon status. According to the complaint, Otwell Elementary School was named an Indiana Four Star School four times, consistently scored in the top 20 percent on assessments, and received the Top Gainer Award InSai eight years in a row. The school corporation's answer admits only that Fears was a teacher employed by the Pike County School Corporation for "approximately" 23 years, and that while Fears served as a "teacher/principal" at Otwell Elementary School, "that school received some awards." In seeking a restraining order, the complaint states, erry's P TIMELY REGISTRATION REQUIRED. SEE WARRANTY CERTIFICATE FOR DETAILS. 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