On Saturday, December 22, at approximately AM, Ripley County Communications received a report of a twenty five year old male unconscious and unresponsive, from a residence on State Road , east of Osgood. Emergency services personnel immediately responded, and upon their arrival found 25 year old Nicholas W.
Meister deceased. There is no foul play suspected, and the cause of death is still unknown at this time. Results will be released pending return of coroner's report. This could be up to several weeks. The crash is still under investigation, and the company, Wolfe Transport, was hauling the animal parts for Griffin, the same company that was involved in the release of cargo back in the summer.
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After a traffic stop was initiated, officers found evidence of meth related material. Charges will be forwarded to the prosecutor for formal charging. The Sheriff's Office was also assisted by Osgood Fire. The case is still under investigation. Any one with information on this arrest, or any other criminal activity, is urged to contact their local jurisdictional police agency. Those arrested are presumed innocent until proven guilty in a court of law.
Five injured in Thanksgiving eve crash. On Wednesday, November 21 st , at approximately pm Ripley County Communications received a report of a single vehicle accident with injuries located east of New Marion on County Road S. When Deputy Steve Sullivan arrived on scene, he found a Mitsubishi Montero Sport in a field on the south side of the roadway. The driver, a 17 year-old female, had sustained a severe head and arm injury. Rebecca Bornstein, the front seat passenger, was ejected and lying on the ground next to the SUV complaining of back pain.
Sergio Poitan, a backseat passenger received a small cut above his left eye. A third back seat passenger, a 2 year old boy, who was secured in a child safety seat, received a small cut to his left wrist. An eye witness to the crash called A witness account and evidence at the scene suggests the vehicle ran off the roadway and then over corrected to the left and came back onto the roadway, where the driver over corrected back to the right causing the vehicle to run off the roadway and into the ditch on the south side of the roadway.
The SUV struck the ditch and rolled onto its side where it slid on its side until it struck the embankment causing the SUV to flip and land back onto its wheels. Pointan, the rear passenger, told officers every one in the vehicle was wearing seat belts. Bornstein was also flown by air-method to UC Medical Center in critical condition.
Rescue 30 took Drake to Kings Daughter Hospital for injuries he received in the crash. Poitan refused Medical treatment. The crash is still under investigation. During this investigation the remains of a second meth lab were located on the property located at North Spades Road. Subsequently, Mary Hayes, 34, Milan, was arrested at the time, and incarcerated. Hayes has now been charged with Manufacturing Methamphetamine.
All subjects are innocent until proven guilty. On October 25, at approximately pm, Ripley County Communications received a report of a month-old child struck by a pick-up truck in front of the address of W. Hopewell road Holton. Officers were told Adrik was playing in the yard with his older sister and brother before the accident.
It is unclear at this time why the child was in the roadway. Phillips said he had been texting before the accident. Phillips said he looked down to set his cell phone down, when he hit something in the roadway. Phillips said he thought he had struck an animal, and turned around to see what he had hit. When Phillips returned, he realized he had struck a child.
Phillips was very distraught, but cooperated with investigators completely. Officers do not believe alcohol or drugs were a factor in the accident. Once the investigation is near completion, information will be forwarded to the prosecutor for review.
Communication devices, radios, eating, reading material, and applying make up, to name a few, are all things officers observe on the roadways that distracts drivers and leads to tragedies such as this. There were three subjects located inside of the residence who were all arrested at the time. All subjects arrested in this investigation are innocent until proven guilty. On Saturday October 6, about PM, a woman was forced into her home by a male subject, after answering a knock at the door. The victim was in the residence alone. The victim was able to overpower the assailant and force him back out of the residence.
The victim was not injured. This occurred in the area of Glasgow Street in Osgood, and investigators believe that the suspect lives or frequents in the immediate area based on facts gathered during the investigation. The suspect was described as a 6 foot tall, lb male, with brown hair, dark complected, and very hairy arms.
The night of the incident the suspect was wearing dark T-shirt and blue jeans. Investigators received a sketch of the suspect. You can click on the sketch to make it larger. If anyone recognizes this individual please contact the Ripley County Sheriff's Office When deputies arrived on scene, they found that 27 year old Jessilyn Pickett, of Versailles, had been traveling south operating a silver Chevrolet Blazer when her vehicle ran off the right side of the roadway, striking a culvert, and overturning.
Pickett, who was ejected from the vehicle and the only occupant, was transported by rescue to Margaret Mary Community Hospital for treatment of injuries sustained in the crash. The accident is currently under investigation by Lt. Regina Beard, 37, Sunman, Phillip Cornelius, 36, Sunman, and Brandon Miller, 18, Sunman have been arrested and charged in connection with an alleged Meth Lab according to court records.
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A female juvenile who was at the residence was taken into custody as well. All three subjects were incarcerated for Conspiracy to Manufacture Methamphetamine, and the female juvenile was released to the Dept. All the agencies then came together to execute. Nobody was injured and that is key. When you are dealing with these types of chemicals used to manufacture meth, they are very dangerous and prone to explosion. I am glad none of us, including the arrested, were injured. You can remain anonymous. As always, arrested person s are always presumed innocent until proven guilty in a court of law.
Arriving on scene, deputies found that 72 year old Alma M. Herbert, of Bedford, Indiana had been traveling west on US 50, near County Road west, operating a blue Honda Accord, when the vehicle she was operating traveled left of center and for unknown reasons collided head on with a black Ford F truck, which was operated by 54 year old Jefferey A.
Jones of Holton, who was traveling east on US Jefferey A.
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Jones, the only occupant of his vehicle, was airlifted by PHI to the University of Cincinnati Hospital for treatment of internal injuries. Alma M. Herbert, the only occupant of her vehicle, had to be extricated, and was transported by ground ambulance to St. Vincent Jennings Hospital where she died as a result of her injuries. O n Wed. September 5, , the Sheriff and his deputies, along with the U. Out of the 62 offenders registered, 47 are active and were checked on.
All 47 offenders were compliant during the sweep. Several miscellaneous warrants were attempted during the sweep, but addresses were either not current, or the wanted person was not at home. The Office, under my administration, is more dedicated to keeping up with the registry than before. And with the dedication and support of Chief Deputy Prosecutor Ryan King, who handles almost all the sex offender violations, we can pursue those who violate and hold them accountable.
We need to protect our children the best we can. If you need to contact the Sheriff's Office, they can be reached at Additionally, citizens can go to www. Offenderwatch powers this site. Smith Jr. Greer, of Dillsboro, had been piloting a single engine ultra light aircraft when the engine stalled forcing Greer to make an emergency landing in a soybean field. Greer, who was not injured in the incident, was the only occupant of the aircraft, and was able to land safely with no damage to the glider.
On arrival, Deputy Smith discovered an audible alarm going off and that someone had broken the front door glass to the business. Pursuant to the investigation into the incident, Deputy Smith received information that year-old Derek C. Craft, of Osgood, was observed in the area.
Deputy Smith followed up on the lead, resulting in the arrest of Craft for the break in. Craft was then incarcerated at the Ripley County Jail pending a hearing. August 29, Two people are lucky to be alive after a vehicle ran off the roadway and ended up on their front porch. Floyd and Mary Hunter, who live at W. Mary called at about pm and told Ripley County Communications the white passenger car had left and headed west on Washington Street.
The driver, later identified as Michael L. The incident is still under investigation by Deputy Dickerson of the Sheriff's Office, and if you have any supporting information, you are encouraged to call the Sheriff's Office. Defendants are presumed innocent until proven guilty in a court of law.
During the evening hours of August 23, Ripley County Communications received a call of an automobile accident on I eastbound near the mile marker. Authorities arrived on scene at approximately pm and discovered a single vehicle traveling eastbound had left the roadway and struck a guard fence in the median. Both passengers in the vehicle were treated and released on scene by Rescue According investigating officers Deputy Kendall Hankins, and Deputy Steve Sullivan the vehicle appeared to have, for unknown reasons, lost control and traveled north crossing thru the passing lane, and then into the median.
The vehicle struck a protective guard fence head-on before coming to rest near an emergency turn-a-round. Both driver and passenger were wearing seatbelts at the time of the crash. Horsnby was flown by PHI to University of Cincinnati with serious injuries he sustained in the crash. His condition is unknown at this time. Once on scene, it was discovered that two vehicles had collided, off center head on.
Amy S Feller was transported by air to University of Cincinnati. Jennifer Asche refused medical treatment at the scene. The accident is currently under investigation by Cpl. Injury updates are not available at this time, however you can contact the media rep at UC for further. Information from the investigation so far has revealed Christina Foster, 38, Sunman, was in the roadway when Scottie Taulbee, 54, Dillsboro, was northbound driving a Toyota passenger car when he struck her.
The Ripley County Coroner pronounced Foster dead at the scene. SR between SR and SR 48 was closed for approximately 3 hours while investigators worked the scene. It is unknown at this time why Foster was near the middle of a heavily traveled highway at that time in the morning. The driver has not been cited in the crash at this time. If you have any information regarding this investigation, you are urged to contact RCSO at August 10, Several arrests have been made in an extensive drug investigation. The Indiana State Police Methamphetamine Suppression Team was contacted to dispose of the harmful ingredients used to manufacture methamphetamine.
Subjects arrested throughout this investigation are as follows:. Charges against these individuals range from Manufacturing Methamphetamine to Dealing in Methamphetamine. Anglin, Fed. The Seventh Circuit summarized these two elements by concluding that jail officers incur liability under Section if they are "aware of a substantial risk of serious injury to [an inmate] but nevertheless fail to take appropriate steps to protect him from a known danger. In re Estate of Rice , F. Refusing to adopt an objective test for the second element of a "failure to protect" claim, the Farmer Court instead established a subjective standard for "deliberate indifference":.
This language highlights the fact that defendants must have actual knowledge of a substantial risk to an inmate. See Peate v. McCann, F. Gross, 86 F. Notably, a showing of negligence or even gross negligence does not prove deliberate indifference. Farmer, U. See also Fisher, F.
Rather, the Seventh Circuit explained that deliberate indifference is synonymous with "intentional or reckless conduct. McCoy, F. Kautz, F. In that context, "reckless" refers to "conduct so dangerous that the deliberate nature of the defendant's actions can be inferred. Importantly though, a prison official cannot be held liable simply because, in hindsight, he could have responded to a situation in a more effective manner:.
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The test of deliberate indifference ensures that the mere failure of the prison official to choose the best course of action does not amount to a constitutional violation. Peate, F. See Farmer, U. Additionally, the Seventh Circuit has ruled that while "an immediate intervention in an inmate-on-inmate assault is not necessary," a jail official "will be held accountable if he or she is aware of the threat of an assault yet fails to take reasonable action.
Walker, Fed. Statement of Material Facts Not in Dispute. The only evidence cited in support of or opposition to Defendants' motion for summary judgment is a small sample of the depositions of Plaintiff and Defendant Steele. Consequently, the court relies heavily upon the Complaint for its summary of the material facts not in dispute.
Plaintiff is allergic to seafood and suffers from several medical conditions, including diabetes, high blood pressure, mood swings, bi-polar disorder, and depression. Plaintiff's treating physicians have prescribed him several medications, some of which need to be used on a daily basis. The jail staff assured Mrs. Massong that Plaintiff would receive his prescription medications.
At that time, Mrs. Massong also informed the jail staff that Plaintiff was a diabetic and allergic to seafood. The jail staff told her that it was not necessary to provide verification of Plaintiff's seafood allergy.
On two Fridays during his detainment, the jail staff served fish, along with other side items, to Plaintiff. George Massong Deposition "Massong Dep. Plaintiff requested an alternative meal each time, but the jail staff informed him that the kitchen was closed. He refused to eat anything during those mealtimes because of his seafood allergy. Additionally, on three or four occasions during his detainment, Plaintiff was not given his prescription medications because the guard was confused as to whether the medications were to be given at a different time of the day or even belonged to Plaintiff in the first place: "If there was any confusion, [the guard] just wouldn't give me anything.
As a result of not receiving his medications and missing meals, Plaintiff became ill on at least one occasion. According to Plaintiff, he became "very weak, very faint, dizzy. The symptoms became so severe that his blood sugar dropped and he "fell off the bench in the dayroom and hit the floor. On August 17, , inmates who were housed in Plaintiff's cellblock went into his cell and started an altercation with him.
Gerardo Delao, who was among those inmates, was later criminally charged for his role in the altercation. Shortly after the attack began, Plaintiff was hit by Mr. Delao, and subsequently staggered back to the wall of his cell. Massong Dep. Plaintiff used this as an opportunity to slide his hand down the wall and press the call button. Pushing the call button in a cell lights up a signal in the cellblock's control area, and also activates a two-way audio system that allows inmates and jail staff to communicate with each other.
Gary Steele Deposition "Steele Dep. Defendant Steele responded to Plaintiff's call by asking, over the intercom, "Can I help you, what do you guys want? Defendant Steele was able to see on the jail's video monitor that other inmates were in Plaintiff's cell. While struggling with Mr. Delao, Plaintiff was able to yell out, "They're trying to kill me. The inmates proceeded to beat Plaintiff for approximately forty-five minutes, inflicting serious injuries to his body and head. Defendant Steele did not come to Plaintiff's aid during the altercation.
Under the rules and regulations promulgated by Defendant DCS, inmates in each cellblock are required to stay in their own cells or in the cellblock's common area.
Inmates are not permitted to go into the cells of other inmates. The purpose of this rule is to protect the safety and security of the jail inmates and staff. When the altercation ended, the inmates told Plaintiff that they would kill him if he made a report to the jail staff. Plaintiff then went into the common area and called Mrs. He quickly told her, "I was jumped and I need help. Massong called the jail and reported what Plaintiff had told her.
Defendant Steele and other jail staff responded to Mrs. Massong's call by coming into Plaintiff's cellblock and taking him to the jail nurse. The nurse concluded that Plaintiff's injuries were serious and needed emergency medical treatment. At this time, jail staff took pictures of Plaintiff's injuries. Defendant Steele also asked Plaintiff several questions about the altercation. During this discussion, Defendant Steele told Plaintiff that he thought Plaintiff and the other inmates were "playing" when the call button was pressed. Plaintiff was subsequently taken to Dearborn County Hospital, where hospital staff determined that he had suffered, among other injuries, a broken nose, a broken elbow, and a concussion.
Plaintiff's head injuries have resulted in him having permanent damage to his retinas, impaired vision, migraine headaches, a splintered nasal cavity, and memory loss. Plaintiff's emergency room physician prescribed him medication for pain, but jail staff failed to fill the prescription or give it to him following his release on August 23, Defendants do not contest that Plaintiff satisfies the first element of a "failure to protect" claim, as established in Farmer. Indeed, in so far as Plaintiff alleges that he was physically attacked by other inmates during his pre-trial detention, he was indisputably "incarcerated under conditions posing a substantial risk of serious harm.
See Grieveson v. Anderson, F. Therefore, the issue before the court is whether Defendant Steele exhibited deliberate indifference when he failed to intervene in the August 17, altercation. This is a question of fact that can be established through circumstantial evidence. Milwaukee County, F. The Farmer Court's standard for deliberate indifference can be broken into two elements.
First, "the official must be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists. The material facts not in dispute for purposes of summary judgment show that: 1 Plaintiff exclaimed, "They are trying to kill me" after pressing the call button in his cell; 2 Defendant Steele could see other inmates in Plaintiff's cell on the jail's video monitor; and 3 the jail's rules and regulations prohibit inmates from entering the cells of other inmates for safety reasons.
Thus, Defendant Steele was "aware of facts from which the inference could be drawn that a substantial risk of serious harm exists. The second element of a deliberate indifference analysis requires that the official actually "draw the inference [that a substantial risk of serious harm exists]. In other words, the court must determine whether Defendant Steele subjectively appreciated the risk of danger to Plaintiff. Paraphrasing the Grieveson Court: "[T]he inquiry is not whether [Defendant Steele] should have known about risks to [Plaintiff's] safety, but whether [he] did know of such risks.
This is the dispositive question for Defendants' motion for summary judgment. Defendants argue that because Defendant Steele allegedly said he thought Plaintiff and the other inmates were "playing," it is clear that he did not "draw the inference," and therefore, did not understand Plaintiff to be in danger. According to Defendants, Defendant Steele might have been negligent in failing to appreciate the risk, but he was not deliberately indifferent. Plaintiff retorts that an inmate yelling, "They are trying to kill me" presents such an obvious risk of harm that failing to take action amounts to criminal recklessness.
Plaintiff further posits that Defendant Steele may have offered the "playing" comment so as to deflect personal responsibility and hide the fact that he was deliberately indifferent. These arguments present questions of Defendant Steele's credibility, and such questions are traditionally reserved for a jury, not a court on summary judgment. Pribyl, F. See also Liberty Lobby, Inc. In Foelker v. Outagamie County, the Seventh Circuit ruled that even if a jail official alleges that he acted with a genuine belief that an inmate was not in danger, "the case should not [be] short-circuited on summary judgment" if a reasonable jury could conclude that the jail official acted with deliberate indifference.
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