Tuesday, March 29, 2016

The Indiana Legislature and Governor Pence should show real respect for Officer Carl Koontz and other law enforcement officers

On 20 March 2016 Howard County, Indiana deputy Sheriff Carl Koontz and Sgt. Jordan Buckley were shot while trying to serve arrest and search warrants for possession of a syringe. The visitation for Deputy Koontz will be held today at Northwestern High School in Kokomo from 1 p.m. to 7 p.m.

Indiana Code § 16-42-19-18 provides that “A person may not possess or have under control with intent to violate this chapter a hypodermic syringe or needle or an instrument adapted for the use of a legend drug by injection in a human being.” What this means is that a person may not possess a manufactured medical instrument or produce a medical instrument if that persons' intent is to use the instrument for administering a scheduled drug into a person without being lawfully authorized to do so. In short, this is just part of the scheme to keep people from performing medical procedures on themselves in a deliberate effort to enrich the medical and pharmaceutical industries.

There are some people who in preparation for viral outbreaks, the disabling of the electrical grid by EMP or other origins, or additional threats that may render travel to a medical facility hazardous have medical equipment and supplies on-hand. This is something that the medical and pharmaceutical industries do not like. If the population learns that they have the ability to perform simple medical procedures at home which may cost thousands of dollars at a hospital then the financial impact would be felt by the medical providers.

I have walked the halls of the Indiana State House with these industries' plentiful and high paid lobbyist. These profiteers are ever vigilant in trying to ensure that the U.S. Congress, the Indiana General Assembly and the Indiana Governor restrict the liberties of Indiana residents as much as possible when it comes to medical decisions and practices. Depriving persons of home-based medical options, whether for prescribed practices or those chosen by self, does not come without a cost. This time it has been more than financial.

Governor Pence said,
“Karen and I were deeply saddened to learn of the passing of Howard County Sheriff's Deputy Carl Koontz and we extend our deepest condolences and prayers to his family, friends and the law enforcement community of Howard County who grieve the passing of this courageous young officer. Indiana will always honor the memory of Deputy Koontz and will always be grateful for his courageous service. Deputy Koontz lost his life in the line of duty and his passing reminds us all of the courage and risk that every member of our law enforcement community and their families face every day in the defending our communities."

The medical community assaulted Sister Kenny when she tried to relieve the suffering of children who had poliomyelitis by providing a cure rather than ongoing treatment. Midwives have been targeted for their circumvention of hospital "care". Even doctors and nurses who wanted children born prematurely to receive human, touch thereby substantially reducing their time in a hospital and substantially increasing their rate of survival, have been the subjects of censure. The medical industry has a long history of restricting or criminalizing low cost wellness options which produce better outcomes for people.

Their efforts have not abated and are costing police officers their lives. The medical communities’ profiteering scheme has again cost another police officer his life and this time deprived parents of their child, a wife of her husband, a child of a father and the community of an individual who also engaged in legitimate efforts to serve and protect the community.

A genuine expression of grief over the killing of this officer summoned to protect the profits of the medical community would include a statement condemning both the medical industry and the legislators who accepted their contributions and provided a reciprocal financial benefit by enacting these laws.

People who care about the lives of Indiana’s law enforcement officers will immediately call for the repeal of Indiana Code § 16-42-19-18, and other laws which serve no benefit to our general population but instead create a false financial and criminal market which endangers us all. After our elected officials wipe away their crocodile tears they should do the right thing by gutting the Indiana Code of its criminalization of innocuous acts that threaten the financial health of authorized medical providers.

Shame on you members of the Indiana General Assembly and Governor Pence for deliberately creating an imaginary “danger” and causing the death of Officer Carl Koontz. Your financial bartering with the medical industry led to his death. His blood is on your hands.

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Friday, March 4, 2016

If you want to get by with hit-and-run or confinement do it to your spouse OR Where to not get arrested for Domestic Violence

Domestic Violence is the violation of a trust between two people which involves the threat or use of force to compel the behaviour of the other person. As such the law enforcement approach to it must be differentiated from that of violence and threats among strangers or acquaintances without a mutual bond.

Violence between strangers can easily be mitigated by separation and a “cooling off” period or the perception of justice served. In domestic cases there is the added dynamic that the parties either cohabitate or are mutually entangled through circumstances such as having a child in common. Separation is often impractical and not desired by either party. In these circumstances law enforcement and the courts are in a position to either escalate or reduce the conflict and level of violence.

Some jurisdiction have implemented “must arrest” laws which require law enforcement to arrest one or both parties involved in a dispute. Some have been repealed for various reasons including that the arrest rate for women rose dramatically or that parties who had not previously engaged in physical violence did so after arrest.

When a person who has not been physically violent toward the demure partner is arrested that can lead to acts of physical violence. Where the once effective verbal intimidation has been thwarted there comes a need to escalate to maintain control. Couple this to the anger accompanying an arrest and physical violence is more likely.

When there is existing physical violence an arrest is likely to reduce the violence, at least for that moment. Whether it escalates later is often dependent upon the justness perception. If only one party to a mutually combative relationship is arrested then violence is likely to increase by the emboldened aggressor [not arrested] and the retaliatory aggressor [arrested] feeling that justice has not been delivered. In mutually combative situations law enforcement should arrest both parties.

Parties mutually engaged in violence or on the brink who are not arrested receive the message that it is not a serious offense and that it is incumbent upon them to settle their dispute which may include the use of violence. When diplomacy has already failed, the requirement that parties resolve their dispute independently requires that one party concede or that it be resolved through physical combat.

As relayed to me by a witness, on 01 March in Lebanon, Indiana units of the Lebanon Police Department and the Lebanon Fire Department responded to a violent domestic case at the home of a man and woman after neighbors called for police assistance. The conflict between the two had been ongoing. On this day it moved from inside the home to the driveway and roadway as the woman attempted to leave. While still arguing and yelling at each other the man used his body to block the vehicle to keep the woman from leaving. This is the offense of Obstruction of Traffic an arrestable offense.[en1] It could be considered Criminal Confinement depending upon the circumstances.[en2] The woman then accelerated, struck the man with her vehicle, and left him lying in the road. The driving portion of this is the offense of Leaving the Scene of an Accident[en3] -- potentially with serious bodily injury.

Striking a spouse or person living as a spouse with a motor vehicle also meets the definition of an act of Domestic Violence.[en4] The woman returned about five minutes later which indicates that she was fleeing for fear of her immediate safety. Although the man had visible injuries he refused medical treatment. Neither party was arrested or cited. I feel this was in error.

The message delivered to these combatants -- and the community at-large -- is that if you are involved in a mutually aggressive domestic altercation that results in physical injury you won’t be arrested for causing it, or that if it happened to you the party who caused it won’t be arrested. You can be left to settle your dispute on your own - likely with violence!

Notes
[1] IC§35-42-2-4
[2] IC§35-42-3-3
[3] IC§9-26-1-8
[4] IC§35-42-2-1.3


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Parents who would like to achieve the best outcome for their children in a contested child custody case should visit my website and contact my scheduler to make an appointment to meet with me. Attorneys may request a free consultation to learn how I can maximize their advocacy for their clients.

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©2008, 2016 Stuart Showalter, LLC. Permission is granted to all non-commercial entities to reproduce this article in it's entirety with credit given.

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