The Press-Dispatch
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The Press-Dispatch Local Wednesday, September 13, 2017 A- 5 For the peace of mind that comes with quiet, dependable cooling and energy efficiency that can save you money, discover Comfortmaker ® systems. Comfort with confidence. Air Conditioning & Heating © 2014 International Comfort Products LIMITED ™ S ee w a rr an t y ce rti ca t e f o r de t a il s . 10 Timely registration required. See warranty certicate for details and restrictions. 303 Breckinridge Rd, MonRoe City Box 35 Phone: 812-743-2382 Fax: 812-743-2169 Email: perryshvac@gmail.com HEATING & AIR-CONDITIONING Craig Perry Vance Perry Perry ' s LLC Serving the area since 1950. Perry ' s Complete Line of: Air Conditioning, Gas Furnaces, Heat Pumps, Whole-Home Air Cleaners, Humidifiers, Water Heaters and Water Conditioners Pike Central High School's Charger Brigade placed third in its division during the Evans- ville Central Marching Band In- vitational on Saturday, Sept. 9. Competing in the ISSMA Open Class C division, the Char- ger Brigade also brought home a trophy as Chelsea Fidler won the Best Drum Major Award in Class C. "The band has worked real- ly hard and it was great that we came home with some trophies from our first competition," said band director Chris Ashworth. "This is our second year back competing. We have grown tre- mendously, having 58 members in our marching band. We had around 42 members last year." "We are a very young band," Ashworth added. "But we have done really well so far." The Charger Brigade will compete in the Castle March- ing Band Invitational on Satur- day, Sept. 16. The band is sched- uled to perform at 7 p.m., East- ern time. yard sale yard sale petersburg city-wide S AT U R D AY S E P T 2 3 The Press-Dispatch Call 812-354-8500 deadline: Sept. 18 Jn the Fun! GET ON THE MAP! Each participant will receive a number that corresponds with your map location. Only those inside city Charger Brigade takes third in its division at Evansville Central Pike Central High School Charger Brigade col- or guard member Ciara Cruz twirls a flag as part of the marching band's performance during half- time of the Pike Central-Tell City football game on Friday, Sept. 8. Ed Cahill photo Wyatt Dillon leads the Pike Central High School Charger Brigade's color guard onto the field as part of the marching band's performance during halftime of the Pike Central-Tell City football game on Fri- day, Sept. 8. Ed Cahill photo Above: From left to right, Pike Central High School Charger Brigade mem- bers Hannah Bush and Alex Edrington play their instruments as part of the marching band's performance during halftime of the Pike Central-Tell City football game on Friday, Sept. 8. Ed Cahill photo Left: Pike Central High School Charger Brigade members Kasey Doern- er (facing camera, left) and Hannah Bush (facing camera, right) prepare to move a decorative column onto the field as part of the marching band's per- formance during halftime of the Pike Central-Tell City football game on Fri- day, Sept. 8. Ed Cahill photo Pike Central High School Char- ger Brigade drum major Chelsea Fidler directs the marching band during its performance at halftime of the Pike Central-Tell City football game on Friday, Sept. 8. Ed Cahill photo Pike Central High School Char- ger Brigade color guard member Reece Ballengee performs dur- ing the marching band's perfor- mance at halftime of the Pike Central-Tell City football game on Friday, Sept. 8. Ed Cahill photo Paquette sentencing goes to Indiana Supreme Court By Andy Heuring The sentencing of Brian Paquette will be heard by the Indiana Supreme Court at 9:45 a.m. Thursday, Octo- ber 12 at the Statehouse in Indianapolis. Paquette was convicted of driving under the influ- ence of meth on February 12, 2016 and crashing head- on into two vehicle on I-69 just north of Petersburg. The crash killed three peo- ple: Stephanie Molinet, Au- tumn Kapperman and Ja- son Lowe and injured Lowe's wife Samantha. Kapperman was pregnant at the time. Pike Circuit Court Judge Jeff Biesterveld sentenced Paquette to 50.5 years in prison. Part of the sentence was three counts of resisting law enforcement by fleeing in a vehicle causing death, a Level 3 felony. Paquette's attorney argued this should only be one count of resist- ing causing death because it was only one act of resist- ing. However, Pike Coun- ty Prosecutor Darrin Mc- Donald argued it should be three counts. McDonald ar- gued the Indiana constitu- tion guarantees each per- son dignity and respect, consequently each person has to count. He claimed by not charging Paquette with resisting, causing death for each person killed was not guaranteeing each per- son dignity and respect. He asked which two lives would be discounted. Judge Biesterveld ruled against Paquette. The appellate court ruled against Judge Biesterveld's sentence and ruled Paquette should have been sentenced on one count of resisting causing death because the offenses "do not constitute crimes against the person. Rather, they are interferenc- es with governmental oper- ations, Constitution offens- es against public adminis- tration." They ordered Paquette be resentenced. However the Indiana At- torney General reviewed the decision and wrote a brief requesting the Indiana Su- preme Court review the ap- pellate court decision. Indi- ana's Deputy Attorney Gen- eral Tyler Banks argued in a brief to the Indiana Su- preme Court that the ap- pellate court erred by rely- ing on an entitled Armstead in their finding. Banks said Armstead dealt with a per- son fleeing police on foot and forcibly resisting law enforcement through and on-the ground, physical fight with officers. Banks claimed, "Armstead's physi- cal struggle against officers was unlikely to reach mem- bers of the public, whereas Paquette's act of fleeing po- lice in a vehicle undoubted- ly increases the odds that an average citizen will un- wittingly become a victim. The legislature recognized this when making resisting law enforcement in a man- ner causing death and inde- pendent crime, rather hav- ing death as a mere enhanc- ing circumstance." He continued, "There is no reason to believe that the legislature intended for only one conviction to re- sult when a potential offend- er leads an armada of police vehicles on a high-speed chase that causes harm to anyone, let alone the inno- cent people that Paquette killed here. The reduction of many convictions to one merely because the human beings resisted wore badges words a degradation of law enforcement and encourag- es suspects to resist." "In this instance, the lan- guage and structure of the resisting-law enforcement statute show that the leg- islature intended multiple convictions when multiple deaths result." Banks cited a different case concluding, "The in- tent of the legislature is that when a person sues a vehi- cle to resist law enforcement and drives in a manner that causes death, each death constitutes its own crime and the statute is suscepti- ble to multiple applications based on a single act killing multiple people." The Indiana Supreme Court after hearing the mat- ter on October 12 will con- sider it and issue a decision at a later date.