All posts by Chris Buckley

Trial Judge’s Comments Spur COA Reversal

Indiana Lawyer Article

Because of a trial judge’s statements following the conviction of a man for having a gun in a controlled area of an airport, the Indiana Court of Appeals reversed the conviction for insufficient evidence.

Daniel Kribs challenged his conviction following a bench trial of Class A misdemeanor entering a controlled area of an airport with a weapon or explosive in Kribs v. State of Indiana, No. 49A05-0904-CR-225. Kribs has a valid permit to carry his gun, which he carries on a consistent basis. On the day he went to the airport, he put the loaded gun inside the pocket of his jacket. An airport employee saw the gun as it went through the X-ray machine and called Indianapolis Airport Police. Kribs admitted the gun was his but said he put it in his jacket without realizing it and forgot it was there.

Valparaiso Lawsuit Says Cop, Dog Abusive

City considering all its options, attorney says

BY JAMES D. WOLF JR., POST-TRIBUNE CORRESPONDENT

VALPARAISO — City officials won’t comment on a lawsuit against a K-9 police officer, the chief of police and the city until Valparaiso’s insurance carrier decides on a plan of action with its lawyers.

The city received “service of process” earlier this week, City Attorney David Hollenbeck said, referring to legal notice of the lawsuit. It was forwarded to the insurance firm.

The suit, filed by Certified Inspection Services owner Robert L. Robbins, accuses Valparaiso police officer of abusing his authority as a police officer.

When Robbins came to Kobitz’s rural home on a debt collection issue on April 14, Kobitz allegedly identified himself as a Valparaiso police officer and told Robbins that he was trespassing and faced arrest.

After Robbins returned to his vehicle, he turned to ask if he could take photographs of the property, which his job required him to do.

The lawsuit claims Kobitz then turned his dog on Robbins while Kobitz sent his wife for a police radio and handcuffs.

The suit claims Kobitz’s behavior led to unlawful arrest and false imprisonment, malicious prosecution and intentional infliction of emotional distress.

Chief Michael Brickner and the city are named for allegedly not properly training Kobitz.

A police department spokesman declined to talk about the matter.

Hollenbeck said the city had received a complaint from Robbins, but because Hollenbeck was away from his office Friday, he didn’t know whether that complaint was a May e-mail to Brickner, as referred to in Robbins’ suit.

Hollenbeck was also unsure whether the police department disciplined Kobitz in any way.

Lawsuit Targets Valparaiso Cop

Plaintiff had gone to officer’s house about delinquent mortgage payments

BY JAMES D. WOLF JR., POST-TRIBUNE CORRESPONDENT

VALPARAISO — A city K-9 officer who arrested a man who had come to see him about delinquent mortgage payments is being sued for the incident, as are the city of Valparaiso and the police chief.

Robert L. Robbins, owner of Certified Inspection Services, is claiming unlawful arrest and false imprisonment, malicious prosecution and intentional infliction of emotional distress by Officer Todd Kobitz when Robbins went to his house on April 14.

Among the accusations is that Kobitz turned his police dog on Robbins.

The complaint filed in the Porter County Courts system also makes a claim of failure to train, which is the reason Police Chief Michael Brickner and the city are named in the suit.

Robbins had been charged with misdemeanor trespassing on May 1, but the state dismissed those charges Sept. 1, according to his suit.

The legal complaint states that Option One Mortgage Corp. hired Robbins to go to the property at 6 W. 110 South after Kobitz hadn’t responded to communications that he was delinquent on at least one mortgage payment.

Robbins was to deliver a letter, verify mortgage information, take pictures of the property and encourage Kobitz to contact Option One Mortgage.

When Kobitz answered the door April 14, Robbins identified himself and his reasons to be there and asked permission to take photographs, court documents state.

Kobitz allegedly identified himself as a police officer, told Robbins he was trespassing and ordered Robbins to leave or be arrested.

Robbins returned to his vehicle but turned and asked permission to take photos of the property.

The suit claims Kobitz told Robbins he was under arrest, ordered him to return to the porch to wait for police to arrive and spoke to his police dog while pointing at Robbins.

Kobitz also asked his wife to get his police radio and handcuffs. Robbins called 911 for police assistance, and officers detained him at the scene for an hour.

Court records state that Robbins also sent Brickner a detailed e-mail on May 18, but the chief never responded.

Calls to Valparaiso Police spokesman Sgt. Mike Grennes Thursday afternoon and evening were not returned.

It isn’t known whether the department has taken any disciplinary action against Kobitz or whether Robbins filed a formal complaint.

Robbins’ attorney, Matthew D. Barrett in Logansport, declined to comment Thursday.

Portage Officer Repeats as Leader in DUI Arrests

BY JAMES D. WOLF JR. , POST-TRIBUNE CORRESPONDENT

VALPARAISO — In the midst of the holiday season, Porter County law enforcement on Thursday recognized the officers making the roads safer.

The Drunk Driving Task Force, at its fourth annual awards banquet, acknowledged the officers who made most of the 926 drunken driving arrests in the county from November 2008 to October.

That total has gone down from 1,148 arrests last year and 1,260 the year before, “which I hope is a good thing,” said Sgt. Mike Grennes of the Valparaiso Police Department. It might mean the word is getting out, he said.

Police forces having the highest “operating while intoxicated” arrest rate this year are Portage Police Department with 296, Porter County Sheriff’s Department with 198 and Valparaiso Police Department with 131.

For the fourth consecutive year, Officer Michael Candiano of Portage made the most OWI arrests by a single officer, a total of 67. That’s down from the 73 arrests made from November 2007 through October 2008 and the 113 from the previous year. Candiano said on each of his midnight shifts, he tries to find a drunken driver.

“People think it’s just a weekend problem, but it’s not,” he said.

It’s become a passion for him because he lost a high school friend to a drunken driver, and in his rookie year, he saw a dispatcher killed.

“I saw it at the very beginning and how it trickled down through lives,” he said.

The second highest OWI arrests were by Officer Brian Gill of the Sheriff’s Department. He had 46 arrests during his night shifts.

“Most of them find me,” he said.

Many fall asleep at traffic lights and train crossings. Gill’s father was hit by a drunken driver about five years ago, which meant hospital stays, surgeries and a year away from work.

Officer Anthony Dandurand of the Hebron Police Department’s night shift made 40 OWI arrests, which put him in third.