A traffic stop for following too closely led troopers to a major drug arrest. Monday, September 13, 2021 an Indiana State Trooper noticed a red Chevrolet passenger car following another vehicle too closely in the center lane of I-70 near Greenfield.
The trooper pulled the vehicle over and identified the driver. Subsequent interaction with the driver and a search of the vehicle led to the discovery of 15.8 pounds of what are believed to be Fentanyl laced pills and 4.4 pounds of pure Fentanyl hidden under the rear passenger seat.
39-year-old Felix Becerra Aguilera of California was the driver and sole occupant of the vehicle, he was arrested on preliminary drug charges and transported to the Hancock County Jail.
The Hancock County Prosecutor’s Office filed the following charges:
Dealing in a Narcotic Drug Manufacture/Deliver/Finance – 10 or more grams – Level 2 Felony – I.C. 35-48-4-1(a)(2)
Possession of a Narcotic Drug – Level 3 Felony – I.C. 35-48-4-6(a)
Possession of Cocaine – Level 6 Felony – 35-48-4-6(a)
Becerra-Aguilera had his first court appearance Tuesday, September 14, 2021, in Hancock Circuit Court where a judge granted the prosecutor’s request for a $1,000,000 cash bond. A pre-trial conference is set for December 2021 and a Jury Trial is set for March 2022.
All crimes mentioned in this release are alleged and all suspects are presumed innocent until and unless proven guilty in court.
Senator Mike Braun (Ranking Member of the HELP Subcommittee on Employment and Workplace Safety), Senator Dan Sullivan, Senator Bill Hagerty, Senator Roger Marshall, and Senator Mike Lee, along with Congressman Fred Keller (PA-12) (Ranking Member, Subcommittee on Workforce Protections), are demanding Congressional review of President Biden’s vaccine mandate on private employees before it goes into effect and opposes this unlawful, unnecessary federal command.
Last week, President Biden issued vaccine and testing mandates for private businesses with more than 100 employees, which will affect more than 80 million Americans, threatening $14,000 fines for persons who do not comply.
Not only is this a highly inappropriate invasion of what should be a personal decision for every American that threatens to worsen the current labor shortage, but a federal directive impacting tens of millions of Americans warrants review by Congress, the representatives elected by the American people to make the laws.
Once the Biden administration formally issues this order, the Senators and Rep. Keller will bring it before Congress for review, under either the Congressional Review Act or other appropriate means.
“President Biden has vastly overstepped the authority of the federal government by issuing vaccine mandates and testing requirements for private businesses. We will not sit by as this President chips away at liberty this country was built on, and that’s why we are formally challenging this rule under the Congressional Review Act.” – Senator Mike Braun.
“This rule is unconstitutional overreach by the President of the United States, pure and simple. Individual freedoms and the rule of law are too often an afterthought with this administration, while broken promises continue piling up. We all want to put this pandemic behind us, but the decision to vaccinate is an individual choice, and should not be mandated by the federal government,” said Senator Dan Sullivan. “The federal government does not have the constitutional or statutory authority to take this action, and to make this clear we will be exercising our Congressional authority to overturn this rule with a Congressional Review Act Resolution.”
“While I believe in the effectiveness of the vaccine—a product of the Trump Administration’s remarkable Operation Warp Speed—this top-down federal order, which President Biden vowed he would not issue, not only intrudes on what should be a personal decision for each American, but it will make it even harder for small business owners to hire and retain employees,” said Senator Hagerty.
“President Biden’s vaccination decree is an all-out assault on private business, our civil liberties, and our entire constitutional system of limited government. The White House continues to ignore the Constitution as well as the science proving the benefits of natural immunity so they can justify an Executive Order that wipes out Americans’ control over their own healthcare options. Simply put, the Administration is overstepping its authority and we must hold them accountable with a formal challenge under the Congressional Review Act,” said Senator Marshall. “As a former physician who believes the vaccine has saved countless lives, I stand by my belief that receiving the COVID-19 vaccine is a personal choice that should be made following a conversation with one’s doctor instead of being administered across the board by government decree.”
“The President cannot rule by decree. President Biden’s mandate is the most egregious incursion on the medical rights of Americans in our nation’s history, and it clearly exceeds the President’s power. This resolution will allow Congress to protect the American people and the Constitution.” – Senator Mike Lee
“With his latest order, President Biden is attempting to weaponize the federal bureaucracy to force job creators to become the vaccination and testing police. At a time when we should be doing everything possible to get Americans back to work safely, this politically-driven mandate will unnecessarily stifle private sector job growth across the country.” – Congressman Fred Keller
The National Federation of Small Businesses said of the mandates: “Small businesses face daily challenges from pandemic requirements, locating qualified workers, rampant inflation, and supply chain disruptions. Small business owners and their employees want to operate in a safe and healthy manner that allows them to stay open. Additional mandates, enforcement, and penalties will further threaten the fragile small business recovery.”
BACKGROUND:
On September 8, President Joe Biden announced vaccine mandates that extend to 80 million private sector workers and additional mandates on millions of federal workers and contractors. These mandates are expected to force private-sector employers with more than 100 employees to become vaccinated or produce at-least-weekly negative test results before coming to work. And as announced, the federal employee and contractor plan doesn’t even include the option of weekly testing rather than taking a vaccine.
To implement this mandate, OSHA is expected to promulgate an Emergency Temporary Standard (ETS) that will remain in place for six months. After this timeframe, OSHA must promulgate a permanent standard. Development of a permanent standard in six months would drastically outpace the 93 months it has taken OSHA, on average, since 1981 to develop and finalize permanent standards.
Historically, OSHA has used its ETS authority sparingly, with many such orders being successfully challenged in the courts. Of the nine times OSHA has issued an ETS, the courts have fully vacated or stayed the ETS in four cases and partially vacated an ETS in one case.
The Congressional Review Act (CRA) can be used by Congress to overturn certain federal agency regulations and actions through a joint resolution of disapproval. If a CRA joint resolution of disapproval is approved by both houses of Congress and signed by the President, or if Congress successfully overrides a presidential veto, the rule at issue is invalidated.
On Wednesday morning, Troopers with the Indiana State Police Bloomington District assisted Troopers with the Internet Crimes Against Children Task Force (ICAC) as they served a search warrant at a Martinsville residence that resulted in the arrest of Andrew L. Schaeffer, 20, on charges of possession of child pornography.
The investigation by the Indiana State Police ICAC began in June when cyber tips were received from the National Center for Missing and Exploited Children (NCMEC).
Those cyber tips along with an extensive investigation by Trooper Kevin Getz culminated in today’s arrest when Schaeffer was transported to the Morgan County Jail on the following charge.
Five (5) Counts of Possession of Child Pornography, Level 5 Felony
Trooper Getz was assisted by Trooper Mike Clephane, Trooper Cecilia Wylie, Trooper Matt Jacobs, First Sergeant Chris Cecil, Sergeant Patrick Deckard, Sergeant Tom Egler, Sergeant Ginger Marshall, and her K-9 Partner Titus along with a representative from the Morgan County Prosecutors Office.
Anyone having any information related to crimes against children is encouraged to contact their local law enforcement agency or visit the NCMEC website at http://www.missingkids.com/home and find the link to make a CYBERTIPLINE report.
Inmates booked into the Detention Center within the last 24 hours.
ALLGOOD, JAKE
Booking #:
SCJAIL:2021-000921
Booking Date:
09-15-2021 – 12:02 am
Charges:
IC 35-47-2-2-3 ~ POSSESSION OF A HANDGUN WITHOUT A LICENSE
IC 35-48-4-11(A)MB ~ POSSESSION MARIJUANA/HASH OIL/HASHISH OR SALVIA
IC 35-43-4-2.5(B)FL6 ~ AUTO THEFT
IC 9-21-8-52 ~ RECKLESS DRIVING
IC 35-44.1-3-1(B)(1)FL6 ~ RESISTING LAW ENFORCEMENT – USES VEHICLE OR DRAWS OR USES DEADLY WEAPON
IC 35-48-4-6.1(A)FL6 ~ POSSESSION OF METHAMPHETAMINE
IC 35-44.1-3-1(B)(1)FL6 ~ RESISTING LAW ENFORCEMENT – USES VEHICLE OR DRAWS OR USES DEADLY WEAPON
IC 35-44.1-3-1(A)MA ~ RESISTING LAW ENFORCEMENT
IC 35-44.1-3-1(B)(2)FL5 ~ RESISTING LAW ENFORCEMENT – RESULTS SERIOUS INJURY
OUT OF COUNTY WARRANT ~ OUT OF COUNTY WARRANT
Washington County Prosecuting Attorney Dustin Houchin has amended the charges for a 30-year-old Pekin woman to include Murder and Aggravated Battery in the death of Misty Ann McDowell, the 2-year-old daughter of her boyfriend late Monday night.
Sarah M. Bierly was arrested and is still incarcerated at the Washington County Detention Center, awaiting her first court appearance, scheduled for 8:30a Thursday morning in Washington Circuit Court.
Bierly was initially charged with Neglect of a Dependent Causing Death, a Level 1 Felony.
After the autopsy was completed by Washington County Coroner Peg Schell this afternoon and Forensic Pathologist Dr. James M. Jacobi, police amended the charges to include murder and aggravated battery.
Jacobi recorded the manner of death to be homicide due to “multiple blunt force injuries.”
On Wednesday, ISP detective Travis Baker met again with Washington County Prosecutor Dustin Houchin concerning the case.
As a result of the investigation and findings in the case, the Washington County Prosecutor has added the following charges in the arrest of Sarah Bierly:
Murder – Felony
Aggravated Battery resulting in Death – Level 1 Felony
Bierly is also charged with the original crime of Neglect of a Dependent causing Death, a level 1 Felony.
“This case will require our best,” said Houchin. “Thankfully, our office has the experience, training, and determination necessary to meet this moment. We will see that justice is served in this case.”
Bierly doesn’t have counsel at this time and Houchin has filed a motion to hold Bierly without bail.
Police were called to 411 East Poplar Street in Pekin at 11:59p on Sept. 13 after a report was phoned in regarding an unresponsive child.
Sarah Bierly was living with her boyfriend at 411 East Poplar Street in Pekin, which is across the street from the Dollar General Store.
Misty was pronounced dead at St. Vincent Hospital.
The following information has been taken from the police report and probable cause affidavit filed with the court by Detective Baker.
Washington County Sheriff Brent Miller and Detective Brad Naugle were at the scene when Baker arrived.
Miller and Naugle explained that McDowell was living at the residence with her father, Simon A. McDowell, and his girlfriend, Bierly.
During the evening’s investigation, Naugle said he had received a call from Coroner Shell who was concerned about marks and bruises found on the girl’s body.
Police also confirmed that it was Debbie L. Hein, a family member of Bierly’s, who actually made the 911 call.
ISP Detective Matt Busick, Baker accompanied Mr. McDowell, Bierly, and Hein to the sheriff’s department for questioning.
According to police all three parties voluntarily agreed to speak with police.
SARAH M. BIERLY
Bierly told police she had lived with Simon McDowell for three months and that Misty had been living with them for about a month, on a trial basis and was placed there by the Indiana Department of Children’s Services.
Bierly said Simon left for work at approximately 1:30p on Monday and she was asked to take care of Misty while he was gone.
Police said Bierly told them she often cared for the girl while Simon was at work.
Bierly told police that Misty was “difficult to look after” because she wouldn’t do what she was told.
Bierly told police that at approximately 9p, she was changing Misty’s diaper and getting her ready for bed.
At some point, Misty hit the right side of her face on a plastic storage container and continued to resist going to bed.
Bierly told police she “back-handed” the child across the right side of the face because she had scratched Bierly on the face.
Bierly told police Misty was sitting on the floor and “threw herself back” on the floor, hitting the back of her head on the carpeted floor.
Bierly told police Misty appeared to be unconscious but breathing at this point.
Police said Bierly noted that she listened to Misty’s heart and it was “fluttering a little” and she picked her up and put her to bed, and walked away.
Bierly told police she came back in about five minutes later to check on Misty and found her lips were blue and that she appeared “to be barely breathing.”
Bierly told police she called Simon and told him what happened and he informed her he was on his way home and only about five minutes away.
Bierly told police she called multiple people but did not call 911.
SIMON A. MCDOWELL
Police next questioned Misty’s father, who told police he spoke to Bierly at about 9:30p and that Misty had been throwing a fit.
He also told police that Bierly explained to him that his daughter had been sitting on the floor and then threw herself backward and hit her head on the bedroom floor.
Simon told police that Bierly told him that Misty was ok after she had performed CPR on her.
He said he got home at approximately 11:30p and went to check on Misty and found her unresponsive.
Simon told police he panicked and didn’t know what to do.
He told police he made multiple calls before calling Bierly’s aunt, Debbie Hein.
Simon said that after 15-20 minutes Hein arrived and called 911.
After talking with McDowell, police once again spoke with Bierly and read her the Advice of Rights, which she voluntarily signed.
Detective Baker said he advised Bierly she was being arrested and charged with Neglect and she told police she understood and agreed to speak to them further.
Bierly told police she did not call 911 because she was afraid “Simon would be mad” at her.
Police said she also told them she didn’t want her or Simon to get into trouble by calling 911.
Bierly said she told police she felt that calling the police would further complicate their custodial situation with Misty.
After the autopsy was performed this afternoon, Naugle and Baker met with Bierly at approximately 4:51p today and read her the Advice of Rights again and had her sign this, which she voluntarily did.
She said she was willing to speak to the police.
Bierly told police that she had been in the kitchen with Misty on Monday night and had picked her up by the hips and held her up in front of her.
At that time, Bierly said Misty scratched her on the face and Bierly told police she threw her down on the “hard kitchen floor.”
Bierly told police that Misty appeared to be unconscious and urinated on herself while laying on the floor.
Bierly told police she then picked Misty up, placed her in bed, changed her diaper, and performed CPR.
She told the police again that she did not call 911.
Bierly will appear in Washington Circuit Court on her first appearance Thursday, Sept. 16 at 8:30a before Judge Larry Medlock.
There has been a funeral fund set up for Misty at First Harrison Bank.
