The Mail-Journal, Volume 16, Number 22, Milford, Kosciusko County, 20 June 1979 — Page 19

Backwater residents lodge charges against police

"We feel we had the right to be at the party,” stated Kosciusko County Sheriff C. Alan Rovenstine, on the accusations by Backwater Lake residents. The residents have charged the Kosciusko County Police with illegal search and seizure and brutality in connection to a twoday beer party bust on June 9. Sheriff Rovenstine responded to the accusations by saying. "Right now, my feelings are a little upset because of the accusations.” Rovenstine also mentioned there are documented complaints from events because of the two-day party. A dozen neighborhood residents met in the home of Max and Brenda Snyder, r 1 North Webster, Thursday evening, June 14, to discuss what they believe was a raid on an “orderly” party. According to information, the residents who are complaining are adults and most were not at the party until the police arrived around 10:30 p.m. on Saturday, June 9. Half of the Backwater Lake residents stated they witnessed a police officer hit a youth with a heavy flashlight, three to four times in the rib cage, while the prisoner was held by two other policemen. Os the six making the accusations, three of the

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residents positively identified the officer as County Patrolman Tom Brindle and charged the incident was an act of "police brutality.” The sheriff commented that he was aware at the time he was called that there was a problem with the arrests and orally reprimanded Brindle that evening. Rovenstine also stated he talked to Tom Kitch about the happenings. Presently, Rovenstine is investigating the problem and stated his decision "will be further down the road.” The neighbors say the incident happened after County Police Lt. Richard Mikel started to confiscate a keg of beer as evidence. When he started to take it toward the road, several people at the party cried in protest and began throwing cups of beer. According to the police there was also cans and bottles being thrown at them but the neighbors disagree. Rick Allen Waite, 22, Syracuse and Timothy Wayne Beining, 21, Ligonier, seemed 'to be the most resistant. Rovenstine is upset that the party-goers treated his men very viciously and stated that it was not a raid, as the neighbors have stated. He added the police department would have been more equipped than they were, if it were a raid.

Five juveniles and four young adults, plus a keg of beer were placed in squad cars and transported to the county jail. Two others have been booked at the jail since then. The Backwater group states the police violated the partygoers rights when they walked on the property and entered the home without permission. The officers arrested the tenants inside the home. This is where it is felt, by the group, the police overstepped their constitutional bounds. Police told one of the group members at the scene, a search warrant was not needed to walk onto the property because of the documented complaints received from neighbors. Rovenstine reported officers were invited inside the home of Kaiser. Arrested from the home were J. Loyd Kaiser, 19. William Martindale, Jr., and Paul J. Pruett. 19. Kokomo. That evening Pruett and Kaiser were taken to jail and Martindale turned himself in following a warrant for his arrest on Thursday, June 14. Misdemeanor charges officially have been filed in Kosciusko County Superior Court against four of the six persons who have been booked during the past week at the Kosciuko County

Jail. The hosts, Kaiser and Martindale, were charged Tuesday, June 12, with one count of illegal possession of alcohol by a minor. An important point, which should be brought out, is that during the transportation of one of the subjects to the county jail a squad car was damaged. According to Rovenstine the subject kicked out the right rear windshield and the shield between the officerand the back seat. Beining and Waite each have been charged with pubic intoxication and resisting law enforcement. The court records state that both men pushed and struggled with officers when they attempted to load the keg of beer in the car and Lt. Richard Mikel and Patrolman Richard Monk were lawfully doing their duties as law enforcement officers. Neighbors of Kaiser and Martindale feel it was an orderly get together, until police arrived. None of the group would condone underage drinking, they also would not condone the alleged activities by the police officers. Before the party, the two hosts talked with neighbors informing them of the party. The edge of all properties were roped off and "no parking” signs were posted. "No minors” signs were also posted

according to the neighors. The property was cleaned up after the party ended, by the youths. Members of the Backwater group stated they would like to» see Brindle up before the County Police Merit Board and face a suspension or be asked for his resignation. Rovenstine stated the incident is still under investigation and in all probability when he has all information together he will present it to the Merit Board for its decision. Rovenstine will be meeting with the Backwater residents this Friday. Two accounts of battery reported There were two accounts of bettery reported to the Syracuse police on Sunday, June 17. Cindy Gibbs, box 23 Syracuse, reported that at Turtle Bay, Butch Sterling had slammed her up against the wall and pulled her hair. She also stated he hit her. Sterling tore the screen out of the front door and threw and broke a lamp. Janice Hoover. 603 Mullins, stated that Gregg Wood hit her on the arm and threw her in a chair. The incident took place at Wood s home, r 4 box 191.

tJfcr El |K i Il I ■ I DONATES TIRES — Alan Tehan of Precision Automotive, Syracuse, right, is shown shaking hands with Larry Hunter, lieutenant of the Syracuse Emergency Medical Service. Precision Auto donated four specially made radial tires for the Syracuse Ambulance.

LEGALS NOTICE TOTAXPAYERSOF ADDITIONAL APPROPRIATIONS Notice is hereby given the taxpayers ot the City of Warsaw. Kosciusko County. Indiana that the proper legal officers of said municipal corporation at their regular meeting place at 7:00p.m. on the 16th day ot July. 1979. will consider the following ad ditional appropriations which said officers consider necessary to meet the ex traordinary emergency at this time FEDERAL REVENUE SHARING TRUST FUND AMOUNT 25 26 Contractual (Relocation of Levin Scrap Yard) $84,323 00 Taxpayers appearing at such meeting shall have a right to be heard thereon The additional appropriations as finally made will be automatically referred to the State Board of Tax Commissioners, which Board will hold a further hearing within fifteen days at the County Auditor's Office ot said county, or at such other place as may be designated At such hearing taxpayers objecting to any of such additional ap propriations may be heard Interested taxpayers may inquire of the County Auditor when and where such hearing will beheld HELEN JOAN KINDLE, Clerk Treasurer City of Warsaw, Indiana Ju 20 27 LEGAL NOTICEOF PUBLIC HEARING Public Service Commission of Indiana, Docket NO 6695 A, 13 In the matter of the application of Pier ceton Trucking Company. Inc . Laketon, Indiana, for a certificate of public con venience and necessity to operate motor vehicles as a common carrier of property, intrastate. Notice is hereby given that the Public Service Commission of Indiana will conduct public hearing in this cause in Room 903 of the Commission, State Office Building, Indianapolis. Indiana, at 10 A M EST on Friday. August 3, 1979 MOTOR CARRIER DIVISION CHARLESE BOYD. DIRECTOR Indianapolis. Indiana — June 11,1979 NOTICE OF PUBLIC HEARING Notice is hereby given, that the Kosciusko County Board of Zoning Appeals shall hold a public hearing on a petition filed by James Fry, requesting a Special Exception be granted to permit the following described real estate to be used for the purpose of home occupation (real estate office). Said real estate is located in an area which is presently zoned as Residential by the Kosciusko County Zoning Ordinance The use requested is a use listed as a Special Exception for that area, or a similar use which is consistent with the objectives and purposes of the particular District Said real estate is located on the north side of State Road 8, on the south side of Lake Wawasee, and described as follows, to wit: Part of the Northeast Quarter of Section 26, Township 34 North, Range? East, Turkey Creek Township, Kosciusko County, Indiana and described as fol lows: Commencing at the Southeast Corner of Lot «1 in Cottingham Beach Lake Wawasee. thence South 75° West on the south line of said Lot »1. a distance of 110.19 feet to the point of beginning of this description, thence continuing South 75° West on said south line a distance of 50 00 feet; thence South 15° East a distance of 155 00 feet to the north line of a public road, thence North 77° 40'50" East on said north line a distance of 50.05 feet; thence North 15° West a distance of 157.34 feet to the aforementioned point of beginning This hearing will be held in the Com missioners' Room, in the basement of the Kosciusko County Court House, Warsaw, Indiana, on the 9th day of July, 1979, at 7 30 P.M. All interested persons are invited to attend and be heard Written comments will be considered if they are received in the Office of the Kosciusko County Area Plan. Commission, Court House, Warsaw, In diana, no later than 12:00 Ngon on the day of the hearing. KOSCIUSKOCOUNTY BOARDOF ZONING APPEALS Daniel W. Richard. Director Ju. 20 27 NOTICE NOTICE is hereby given to all interested persons that the Board of Trustees of the Town of Milford, Indiana, will accept sealed bids for resurfacing of various streets in the Town of Milford, Indiana, from date of this notice until the hour of 7:30 o'clock p m. the 25th day of June, 1979, at which said day' and hour the bids received will be opened and examined and the contract for such resurfacing awarded to the lowest and best bidder The resurfacing work shall consist of all necessary cleaning or grading and preparation of present existing streets as designated for resurfacing and the fur nishing of and application thereto of a two inch (2") binder and a one inch (1") surface as follows: 1. 1,500 tons or less of hot asphaltic con crete binder furnished, applied and com pacted on streets as designated. 2 . 600 tons or less of hot asphaltic concrete surface, type B. furnished, applied and compacted on streets as designated. All workmanship and materials shall meet current Indiana State Highway standard specifications.’ Each bid shall be submitted upon the prescribed form 95 and the non collusion affidavit executed. Each bid shall be accompanied by a bid bond or certified funds made payable to the Town of Milford in an amount equal to five percent (5%) of the bid. Bids shall be sealed and submitted to the Town Clerk Treasurer, marked "Bid for Street Resurfacing". Bids may be mailed or delivered to the Clerk Treasurer at 121 South Main Street, Milford, Indiana. The Board of Trusfees reserves the r ight to reject any and all bids or to waive any informalities in thebid. Margaret Brooks, Clerk Treasurer Town of Milford, Indiana J. 1320

Wed., June 20,1979 — THE MAIL-JOURNAL

I MILFORD COUNTRY HOME — Three bedroom on 1.42 ■ I ocrfes. Good condition. Many large fruit trees. H I $41,000. ■Mtsfe:■/. . I I wLfr&jllF - . ■ . - ■ I DEWART LAKE FRONT — All brick, 4-yr. old home. I I Two bedrooms, fireplace, many extras. $68,500. v II ■ I aMWiWpK B I , H MILFORD — PRICE REDUCED — Three bedroom, lots of I living space. Close to schools and shopping. $25,900. H ■■■ *» (i DEWART LAKE VIEW — Two bedroom on IVi lots. I Garage, partial basement, lake easement. $41,000. r ..." r, I ■ NEAR WAUBEE LAKE — Three bedroom on '4 acre. | Creek along one border. $24,000. NEW LIBTING — WAUBEE LAKE FRONT — Two bed- ■ room ranch home and garage. Seawall. Very nice I neighborhood. SYRACUSE — Brick LOTS... — Dewart Lake With Easement — Large Country Lots.

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