Domestic Battery Example

Let's see if my writing confused you, here's something from the newspaper, that may clear up your misconception about domestic violence or domestic battery on the homefront.

I think it got something to do with trying to control or restrain a person, more from the article:

"According to the affidavit, Tyler made more grabs at the woman. He told police at the scene he did not physically assault her. She showed the same officers a small red mark near her bicep. According to court records, the woman filed a protective order against Tyler in March and then again Sept. 6, five days after officers were at the couple’s home.

Tyler allegedly broke her cell phone in two when she tried to call police that day, which he also denies. He threw away a cordless house phone she tried to use afterward. Police later found only the battery lying on the floor. He tore her robe, the affidavit says.."

It is not a he says, she says but The law of the land-Domestic Battery

I am still waiting for the victim to speak out. What happened to all those folks who support the victims? Oh, I see it depends on who is the victim, a sort of selective process. Sometimes folks thinks they know everything,(including myself at times) and other folks seek out information to be better informed, so here I go thinking I know everything and I'm sharing:

Domestic violence

IC 5-26.5-1-3
"Domestic violence"
Sec. 3. "Domestic violence" includes conduct that is an element of an offense under IC 35-42 or a threat to commit an act described in IC 35-42 by a person against a person who:
(1) is or was a spouse of;
(2) is or was living as if a spouse of;
(3) has a child in common with;
(4) is a minor subject to the control of; or
(5) is an incapacitated individual under the guardianship or otherwise subject to the control of;
the other person regardless of whether the act or threat has been reported to a law enforcement agency or results in a criminal prosecution.
As added by P.L.273-2001, SEC.3.

Keep reading.

Domestic battery
35-42-2-1.3 Sec. 1.3. (a) A person who knowingly or intentionally touches an individual who:
(1) is or was a spouse of the other person;
(2) is or was living as if a spouse of the other person as provided in subsection (c); or
(3) has a child in common with the other person;
in a rude, insolent, or angry manner that results in bodily injury to the person described in subdivision (1), (2), or (3) commits domestic battery, a Class A misdemeanor.


--------------------------------------------------------------------------------
(b) However, the offense under subsection (a) is a Class D felony if the person who committed the offense:
(1) has a previous, unrelated conviction:
(A) under this section (or IC 35-42-2-1(a)(2)(E) before its repeal); or
(B) in any other jurisdiction, including a military court, in which the elements of the crime for which the conviction was entered are substantially similar to the elements described in this section; or
(2) committed the offense in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense.
(c) In considering whether a person is or was living as a spouse of another individual in subsection (a)(2), the court shall review the following:
(1) the duration of the relationship;
(2) the frequency of contact;
(3) the financial interdependence;
(4) whether the two (2) individuals are raising children together;
(5) whether the two (2) individuals have engaged in tasks directed toward maintaining a common household; and
(6) other factors the court considers relevant.
As added by P.L.188-1999, SEC.6. Amended by P.L.47-2000, SEC.3; P.L.221-2003, SEC.18; P.L.129-2006, SEC.1.

Steve Shine and Random Acts of Racialist Action

I understand some folks had some problems understanding this post. So I am reposting:

Contagious shooting. Yep, they are trying to justify the latest shooting of an unarmed African-American male as police training, and not just straight out of control police officers. Contagious shooting, they are say is when one officer fires and the other officers starting shooting automatically.

Here's another one, a 14 year old boy is beaten to death, in a boot camp setting. A nurse was standing by during the beating. To justify the boy's death, it was a blood issue. Yeah, it was the blood of an African-American.


Here's another one. Raced white (jewish Republican leader) wife calls in report of domestic violence. If you are restrained from doing something, it's is physical. The police shows up but the report is not available and action delayed.

Here's another one, Ken Fries, the newly elected Allen County selected his new support team. Not one person who was not a female nor African-American in the bunch. So much for inclusion in 2006 under younger leadership.


What Michael Richards did reflects on the ordered steps of the majority of folks who are in charge of something. The majority don't give a hoot nanny about the life of an African-American. And if they (those in leadership position) are given unfettered discretion to circumvent the laws in discipline, moreso than not they are likely to deny African-Americans their civil rights under this type of power.

The good ole boys network has to surround themselves with the same mentality (folks with the same way of thinking), to continue the old traditions of Jim Crow. They don't want different they just want to pretend life is better in their world when they lie to each other. In this article, Steve Shine shines light on the false perceptive that the Republican Party are the standard bearer of truth, patriot saints and family values role models, when he states, "I want the public to know how challenging it can be for families: finances, children's problems, drugs," he said. "Family values are important but life isn't perfect. I have yet to find an Ozzie and Harriet. This is part of life." In other words for those who can't read between the lines, Republicans ain't all that and a bag of chips or the Republicans are just ordinary people or the Republicans do dumb stuff or the Republicans are not the next best thing to ice cream. Geez.


Conservative, family values, anti-same sex marriages..just code words for those folks who need to belong to some group. Or for group thinkers or for folks who need to belong to a party that had lots of Klu Klux Klan members who were evil hatemongers. Or are they still hatemongers? Do you think these folks have changed?

50 Shots heard around the world

Today I learned about a young high school student who was shot in the head. I saw his friend fold in half when he got the news, that his friend had died. Telling him to stay strong is just not good enough. Where is Paul Helmke and the Brady Bunch?

Fort Wayne Champs-

Congratulation goes out to East Allen County Schools Paul Harding High School making history. While folks are screaming for Indiana Colts to bring home a superbowl ring, the hawks brought home 2A state title championship to Fort Wayne, Indiana. Can I hear some noise/!!!!

Angel Food Ministries in fort Wayne, Indiana

My daughter sent this information to me. She is active in outreach at her church in Tennessee. There is a food minister were you pay $25.00 for a monthly menu of food.

Monthly Menu

You must pay for your order by Due date.

You pick up the order on distribution date. You must bring a box to pack items to carry out.

Angel Food Ministries are located throughout the State of Indiana.

September 26,2008 NEW LOCATIONS.

(Information on Prevailing Ministry has been removed.)

Pass it on to help a needy family or to get your church to help the needy rather than the greedy.

Taxes, Taxes and Retirement Investment

Black Friday has come and gone, one of the busiest days of Christmas shopping for bargain hunters. Monday, November 27, 2006 is being predicted as a Black Monday for online record breaking Christmas shopping. Reports have it that this year, some shoppers are spending more than their earnings by using credit cards.

Nevertheless, some smart shoppers are avoiding the pressure of overspending by using their debit cards to limit their spending. Other shoppers are shopping online to avoid the pressure of impulse buying during the season of giving. While other shoppers are buying gift cards to make sure it’s a gift purchased that is one wanted by the receiver.

But the best shoppers, getting the bang for their buck, are those investing part of their extra money into IRA accounts. These shoppers are aware that by purchasing an IRA or Roth at the end of the year may reduce their taxable income. The amount deposited into these IRAs can be declared on this year tax return.

This is a treat for those who are 50 and older. These funds can be drawn when a person turns 591/2 years of year. These accounts are not just for older adults, and you have until April 15, 2006 to place these funds into a current account or to open a new account. In some cases, this may allow for a tax refund that might recoup some or all the money spent during the Christmas season. However, if these individuals fail to deposit these funds into the IRA before the April 15, 2006 deadline, IRS will impose a huge penalty. Remember it's your money.

Michael (Kramer) Richards example of a racialist meltdown

For me, it is hard to fake when you don't like a person.
And it's probably even harder to fake when the person is in your face giving you grief. But because, I don't like a person, does not give me the right to confront or hurl insults. That person is some mother's child, is how I look at it. Michael (Kramer) Richards was probably at his last straw of tolerance, when he came unglued or unnerved by the heckling audience member.


At the end of his wit ends and the heckler at a safe distance, Kramer did the unforgettable. Kramer used the six letter N-word. It was not just about Kramer letting out a racial rant of just how he felt about the person's cultural background. But Kramer did it while the cameras were rolling. Kramer lost it, he forgot to use his political correct language.

Some may have cheered at hearing Kramer giving the heckler a once over, others were shocked while others were outraged. Kramer himself, appearing remorseful, on the David Letterman show apologized for his outburst of intolerance.


What Kramer did is not a surprise to many African-Americans who don't believe that raced whites have forgotten or put away their belief of raced white privilege. This is a racist world that we live in, we are taught about its racist history. Some reject the racist model of the past and others work on ending the practices of racialists. However, there are some who are proud racialists and prefer the legal conduct of the past toward African-Americans. Kramer caught on tape spewing racialist language does not mean he is a racist, but it does suggest he is a practicing racialist.

The news media would have probable discounted it as not being news worthy, because it was just a famous actor degrading an African-American. But the Internet has a different type of editorial standard. The Internet allows anyone at anytime to show someone caught doing something unexpected and when least expected.

For that reason, some folks should remember a television show called Candid Camera, and the warning was when you least expected you might be on Candid Camera. Kramer suggested that after the episode of the racial attack that he will work for a change. Kramer has learned the lesson of self-censor, because just like the warning for the Candid Camera show, you never know and when you least expect it the camera gotcha moment.




I am still trying to figure out why Mel Gibson was lambasted for his anti-semitism remarks and Kramer is viewed as just having a moment? Where is the same type of outrage???

Reclamation Projects in the Hood

Well the condemnations signs are gone. This could be a good sign. Read previous posting below:

This person decided to purchase and work on a dilapidated building. This person went and got a permit. After the person almost completely renovated the building, someone came through and told him he had the wrong type of permit. Made him close shop, stop repairs, and his building was condemned.


Next, a group had lofty goals and found a dilapidated building and the city gave them the building free of charge!! The group had a year to work on the building to bring it up to code or the building could be taken back. The building has been in rehabiliation since 2003 or 2004 and the building has not be condemned. And the building has not been taken back from the group.




How could this happen?

Election Droppings

Who will the Democrats run for Mayor in the city? I suggested Heather Presley, however, I am hearing that it will be Mark G. and Tom H. I am hearing that Karen Goldner will run against Don Schmidt. I am hearing...it is time to take off and enjoy the holiday.


I got a great video of the family that can't wait to share.

Constructive Eminent Domain

Well the signs are gone from the small business man business for sure.


I took a friend by to see the stop work order signs late last night. Today the stop orders are gone. I hope this is a postive sign for the small businessman. And not some mean spirited individuals who pulled them down to get the guy in trouble. I will check later.

Filing your Federal and State Taxes

For some individuals, tax preparation services are free of charge. But some these individual especially those seeking the refundable tax credit under the Earned Income Tax Credit opt out of using the free tax preparation services for several reasons. One reason is the refundable tax credit. Some individuals participate in trading children for the tax credit. This practice may be legal in certain situations, but for many it is not. Therefore they tend to use tax services that will overlook the tax code mandate on claiming the credit. Especially, since some low income women have filed in the past and were not caught in prior years. However, taking this risk, if caught, the offenders can be find liable to the Internal Revenue service and can be or disallowed from receiving the earned income credit for up to 10 years, even if eligible in those years for claiming the credit

Another reason for opting out of using the free tax services is need for getting their tax refunds quick. Some tax payers are unwilling to wait the 7 to 10 days or three weeks under the free tax service. Instead, these individuals seek out tax services that will provide loans within 15 minutes after determining client eligibility for a refund. These rapid loan services also provide loans on same day in some cases. These loans are based on the amount of the return and fees are involved sometimes in the range of hundreds of dollars.

However, the advantage to using the free service is that if there are no outstanding tax obligations or bank loan obligations, a return can be deposited into an account or two which will speed up the process since they are going directly to the Internal Revenue service. In addition, hundreds of dollars are saved without having to pay for the other type of quick and rapid service. It’s your money and the free service wants you to pocket your money.

Jazz and Men

Sometimes you just want to listen to Bob Green play a little jazz
and watch the fellows strike a pose sure can make a woman smile.

Fort Wayne American Legion Post 148 hosted a Good Time

Landis Kelsaw

American Legion Post 148 was host to an exciting fashion show.





Folks attending the event was treated to a performance by Diane Rogers dance group Omutayo Abel which means Happy gift from God and selected audience members with style walked the runway. Big thanks goes out to Fashion Strut Production fashion show presented by Jazzy Jeff Kinnie and Joyce McCowan.

Eminent Domain by any other name

This person decided to purchase and work on a dilapidated building. This person went and got a permit. After the person almost completely renovated the building, someone came through and told him he had the wrong type of permit. Made him close shop, stop repairs, and his building was condemned.


Next, a group had lofty goals and found a dilapidated building and the city gave them the building free of charge!! The group had a year to work on the building to bring it up to code or the building could be taken back. The building has been in rehabiliation since 2003 or 2004 and the building has not be condemned. And the building has not been taken back from the group.






How could this happen?

O.J. Simpson Confession is Pulled

Deal or no deal O.J. Simpson will not have the public ear to tell about how the killing could have happened to Nicole Simpson and Ron Goldman. Fox has killed the interview and the promotion of the tentative titled book, If I Did it. The public desire to hear Simpson confess is on a road toward censorship. Let's hear the 1st amendment right folk, loud yelling now.

The Chos Brothers

The Amazing Race lost the Chos Brothers. The Chos Brothers did naturally what the show Survival attempted to orchestra. The Chos Brothers has compassion for his fellow man and even in competition tried to help his competitors. Check out their website.

Fort Wayne Urban League--80 Years of Building a Lasting Legacy

The Fort Wayne Urban League held their 2006 Gala Event Saturday, November 18, 2006 at the Grand Wayne Center. The Urban League’s President Jonathan C. Ray and Board of Directors members Will Clark, Dr. Alfred Brothers, John Rogers, and Thomas Black are walking in the footsteps of the great men who came before them in guiding the organization toward economic self-reliance, parity and the power of civil rights for its community. Honorary Co-Chair members are Dr. Rae Pearson and Steve Shine. Dr. Pearson presented Al Stiles with a Lions award in recognition and appreciation of extraordinary contribution to our community. J.J. Foster presented an award to Amechi, who scored 1930 on his SAT and received an offered for a full scholarship at Bloomington, Indiana University and is currently interning at Saint Joseph Hospital. Terri Brantley Wane-TV 15 served as the Mistress of Ceremony.


Al Stiles and Jonathan Ray


Urban Mimes









Joe Jordan, Lafayette Jordan, George Middleton, Matthew Kelty, Marshall White



Amechi and J.J. Foster




Dancing the night a way.

Fort Wayne Urban League Gala

Rae Pearson and Steve Shine

Terri Brantley

Mayor Graham Richard

Gregg Bacon

Al Stiles

More from the Fort Wayne Urban League Gala Celebration

Susan Graham and Hilton Staff members,

Stacy Kelsaw and Susan Graham

Lafayette and Bevelry Jordan

Mr. and Mrs. W.C. Starks

William and Susan Graham