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Search ends after presumed drowning near Kenosha

Coast Guard boats were taking the overnight hours to find a man who had gone missing in Lake Michigan. Read details and see Chopper 4 raw and photos from the scene.

Earlier Tuesday, the Coast Guard identified Benjamin T. McCarter, 31 of Kenosha, as presumed drowned after the Coast Guard called off the initial search. Monday night.

Searchers were trying to rescue a man in the water for hours.

Two other people reportedly tried to rescue him, could not, then got out safely. One of the people, a woman, was able to grab him, but could not hold on.

They did they best they could to save him, said friend Manny Murillo. Its not their fault.

Police say McCarter went under the water and did not resurface.

Kenosha Fire and dive rescue crews worked through late Monday evening, but called off their search for the night.

They announced Tuesday morning they would not continue their search, unless any of the mans belongings are found.

We have to be strong for him, because we know thats what he would want us to do, said Murillo.

By many accounts, he was McCarters best friend.

The pair loved the water, and the rush brought on by jumping into the waves of Lake Michigan.

Just that excitement of doing something new, conquering fears if you fear jumping off of higher points in the water.

McCarter was boasting to friends that he would take the plunge.

He had been talking about going off of that pier for the past two weeks, said Murillo.

Bens friends are trying to focus on happy memories, but theyre mindful of the dangers that led to the disappearance.

I wouldnt want to put my family through this, or the rest of my friends, because if I go out there and I jump or fall victim, what would we have learned from this tragedy.

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Resident challenges Vogler being on ballot Merrimack Valley EagleTribune

METHUEN A city resident filed an objection to School Committee member Robert Vogler appearing on the November ballot, saying Vogler currently is serving a third term and is barred from running again by the city charter.

Jack Burke, who has challenged and tangled with city officials in the past, said in the objection that the appointment in May of Vogler, who served in 2009 and 2011, to finish the term of Mark Graziano counted as his third consecutive term, disqualifying him from running this fall.

Former City Solicitor Peter McQuillan issued an opinion in May, saying Voglers appointment would not count as a term and that he would still qualify. Vogler said before the opinion was issued that he would not accept the position if he could not run in the election.

Burke faulted McQuillans opinion, saying state law distinguishes full term from term, and that because the charter did not make a distinction, the states definitions of the words should be used.

There are some laws that use the word full term, so its been defined, Burke said in an interview. Since it was defined at the state level and it was used in our charter, you cant just throw it in.

Vogler said he acted in good faith based on the city solicitors official legal opinion.

In his May opinion, McQuillan cited the charter, which defined a School Committee members term as being two years, beginning the first secular day of January after election and until their successors are qualified. He concluded that because the language must be given its usual meaning, Voglers truncated time on the committee cannot be considered a full term under this provision of the charter.

Burke said in his written objection to City Clerk Christine ToumaConway, dated July 31, that a vacancy in an office, when no one can execute that offices duties, is not the same as an unexpired term, which continues on even if the office is vacant.

The plain language says you cant hold office for more than three consecutive terms, Burke said. Its a very simple question. Mr. Vogler is holding office in each of those three terms. If thats the case, there is no way his name should appear on the ballot.

Vogler, who said he did not know about the objection until a reporter called him yesterday afternoon, expressed frustration that the objection was not made earlier.

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Hug your pet but don kiss him Dog kissing may be adorable but dogs have awfully dirty mouths Dogs root around in garbage pails drink enthusiastically in the toilet bowl and love to lick and smell certain areas of the body of other dogs It is not genuine that your dog includes a cleaner mouth than a person It really is far from the truth

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