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Bill to expedite squatter removals passes Indiana House, heads back to Senate

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Bill to expedite squatter removals passes Indiana House, heads back to Senate


INDIANPOLIS (WISH) — The author of a bill to expedite squatter removals said Monday existing trespassing laws could tie up property owners in unrelated landlord-tenant regulations.

The bill defines a squatter as anyone who occupies someone else’s property and does not have and never had a rental agreement or the owner’s permission. A property owner could provide a sworn statement that someone was a squatter, whereupon law enforcement would have to remove the person within 48 hours. Bill author Sen. Mike Gaskill, R-Pendleton, said police in his district are encountering an increasing number of squatters. He said under current laws, a squatter could claim to be a tenant. At that point, any effort to remove them would have to be diverted into landlord-tenant procedures.

“What has happened around the country is people have had trespassers, squatters, and then had to go through a court proceeding and wait for a hearing to get them removed,” he said.

A person accused of squatting could defend themselves by providing documentation showing they had permission to be on the property, at which point the property owner could face perjury charges.

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The bill passed the Senate 48-1 earlier this session and cleared the House by a vote of 72-18 on Monday. Rep. Matt Pierce, D-Bloomington, said the bill turns law enforcement into finders of fact in the absence of a judge. He said the state already has laws to expedite the removal of unauthorized persons from private property.

“We don’t need to create an entire new body of law that has no judicial officer, no finder of fact, no determiner of law in the whole process,” he said. “Once the person is removed from the property, now the burden is on them to go into court and fight it out.”

The measure has to go back to the Senate because the House made some changes in committee. Gaskill said he worked with the House on those changes and will ask the Senate to accept them.



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Indiana

Young male dead after shooting on Indy’s northeast side

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Young male dead after shooting on Indy’s northeast side


INDIANAPOLIS (WISH) — Police say one “young man” is dead after a shooting at the 1200 block of Rue Rabelais at about 7:19 p.m. according to the Indianapolis Metropolitan Police Department.

That is near the intersection of 56th Street and Binford Boulevard.

Police say the victim was taken to Riley Hospital where he later died. Investigators say they are still working to identify the victim.

There was no known information about a suspect. Police did say that they believe this is a targeted incident.

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There was no other information immediately available.

This story has been updated with information from the Indianapolis Metropolitan Police Department.



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Mother and boyfriend accused in death of 4-year-old boy found in closet

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Mother and boyfriend accused in death of 4-year-old boy found in closet


This story contains descriptions of distressing circumstances involving children.

INDIANAPOLIS (WISH) – A mother and her boyfriend were accused of causing the death of a 4-year-old-boy found dead in a basement closet on Monday. 

Indianapolis Metropolitan Police Department arrested Angel Lovely, 37, and Nicholas Bergdoll, 36, on preliminary charges of neglect of a dependent causing death. The Marion County Prosecutor’s Office by Friday had not filed formal charges. 

A sibling found the 4-year-old dead on Monday, according to investigators. Lovely and Bergdoll were in the home at the time but told police they were asleep when he died. 

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Born premature with cerebral palsy, the 4-year old couldn’t walk, was nonverbal, and ate through a feeding tube. Lovely claimed she would rarely put the child in the closet, only “when he won’t stop screaming” or when she “needed a break.” 

But when investigators interviewed Lovely’s three other children, they said that the boy “stays in the closet all day,” and that “mom locks him in the closet” and “does not pay attention to him.” 

An exact cause of death hasn’t been determined, but the child was found with blood in his mouth. Lovely said he’d been aspirating.

One of Lovely’s children told investigators they heard the 4-year-old gagging but didn’t say anything because it wasn’t unusual.

A neighbor living on Monticello Drive, Michelle Johnson, told News 8, “It’s horrible. It breaks my heart.”  

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Johnson had seen the other children outside the home but never knew there was a boy in a wheelchair living there. She said if she suspected they were being neglected, she would have called police or the Indiana Department of Child Services.

“We’re supposed to be a village and raise kids together,” Johnson said. “That’s really heartbreaking.” 

Bergdoll told police, according to the investigators’ report, that he didn’t agree with putting the child in the closet: “I am not going to tell her how to f****** raise her kids.” 

“I’m sickened,” IMPD Public Information Officer Tommy Thompson told News 8 in an interview.
“Think about putting yourself in that situation. Every day, do you want to be in a closet? Locked up, no light?”

Court records show the Department of Child Services had removed the boy from Lovely’s care because of medical neglect, but she regained custody last year against DCS recommendations.  

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Thompson, the neighbor, hopes the tragedy can be an opportunity for others to speak up when they see a child who can’t speak up for themselves. “Maybe you’ve got to make that tough phone call. Reach out. The city has resources.”

Johnson wishes she would have known what was happening so she could have said something. “Children don’t have a voice and we’re supposed to be their voice.”

Help is available for victims of domestic violence, child abuse, and sexual assault. Below is a list of suggested resources, both national and local:



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Police arrest suspect in Westfield homicide

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Police arrest suspect in Westfield homicide


WESTFIELD, Ind. (WISH) — Police have arrested someone in connection to a homicide earlier this month in the Hamilton County city.

In a Friday night social media post, the Westfield Police Department announced the arrest but gave no details, including who was arrested or what preliminary charges the person may face.

“Due to the active nature of this case, limited details are available for release at this time,” the post said.

As WISHTV.com previously reported, James “Matt” Lushin, 47, was found dead shortly after 7:25 p.m. March 12 with trauma at his home in the 3900 block of Westfield Road, also known as State Road 32.

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Social media posts from the scene showed police tape and emergency vehicles at a red brick house between Shady Nook Road and Gray Road.

Lushin’s obituary said the Kokomo native was a key partner with the real estate investment company, FLF Property. The obituary also said, “Matt was also a respected and accomplished member of the international poker community. He traveled the world competing in tournaments and built an impressive and successful career.”

Police have previously said the death was believed to be isolated, posing no ongoing threat.

Officials have not released a specific cause or manner of death.

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