The Herald Bulletin

Overnight update

Cops, courts and fires

December 23, 2008

Brinkman: The more curious cases

ANDERSON — Jack Brinkman has seen his share of big cases in his 30 years as judge of Madison Superior Court 2.

Brinkman, who retires Jan. 1, said the most gratifying cases had been those involving helping juveniles, a large chunk of the cases he presided over in his courtroom. But because of the sensitive nature of those cases — and the ages of the parties — the outcomes are usually confidential.

But some of Brinkman’s cases that have garnered widespread attention, even nationally.

Sassy the pig

The City of Anderson sued a West 13th Street resident in 1993 for allegedly violating an ordinance banning livestock in the city limits. The resident was keeping a 120-pound Vietnamese pot-bellied pig — named “Sassy” — as a pet. Brinkman ruled in the city’s favor, but the decision was overturned by the Indiana Court of Appeals after it determined the city’s ordinance was too vague. The curious case garnered national media attention.

Phillips Warehouse fire

When a 13-year-old boy was arrested for setting fire to Phillips Warehouse, 1200 E. 26th St., the case automatically went into Brinkman’s court. Firefighters from as far away as Fishers and Cicero were called in to help fight the massive June 2008 blaze, which caused an estimated $5 million in damages. The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives was brought in to aid the investigation. The youth told police he brought a gas can into the building and set several small fires for light so he could steal copper wire. He remains in the juvenile court system.

Spider house

Insect or arachnid? Brinkman had to decide just that when an Anderson resident claimed his Whitmore Street home was uninhabitable after it became infested with poisonous, brown recluse spiders. The resident’s homeowner’s insurance wouldn’t pay for the damages, claiming the policy didn’t cover damage caused by insects. Brinkman ruled in 2007 that spiders are indeed spiders and not insects. The insurance company ended up settling the case before it was to go to trial.

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