ILNews

Miscarriage an 'act' in intimidation charge

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals affirmed today a man's conviction of and sentence for intimidation after he threatened his wife, who recently miscarried. The appellate court ruled the miscarriage fulfilled the "act" part of the charge as contemplated by Indiana statute.

Manuel Clara appealed his conviction and sentence in Manual Clara v. State of Indiana, No. 19A04-0806-CR-345, in which the trial court denied his motion for judgment on the evidence or directed verdict.

Clara blamed his wife, Tosha, for her miscarriage a few weeks earlier and threatened to kill her and their 2-year-old son. He grabbed a knife from the kitchen and even screwed one of their home's doors shut so Tosha couldn't leave. She eventually escaped with their son and called police.

The intimidation charge against Clara provided that he threatened Tosha with the intent she "be placed in fear of retaliation for a prior lawful act, to wit: because [Tosha] had miscarried their child." Clara moved for a directed verdict, arguing miscarriage isn't an "act" as considered by the statute defining intimidation, so the state failed to establish the elements of the offense. The trial court denied the motion and he was found guilty; Clara was sentenced to the advisory sentence of four years on his intimidation conviction.

In his appeal, Clara argued that an "act" under the statute must be volitional, so the miscarriage couldn't count.

Using the dictionary definition of "act" as "the thing done," the act can be intentional, unintentional, volitional, or non-volitional, wrote Senior Judge John Sharpnack. Here, the state alleged and proved Tosha's miscarriage was "the thing done" and further showed Clara's threat to commit a forcible felony was based upon the miscarriage. As a result, the appellate court affirmed the trial court ruling.

The Court of Appeals also affirmed Clara's advisory four-year sentence as appropriate because Clara intimidated Tosha for more than two hours and threatened to kill his son as a result of his wife's miscarriage.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

ADVERTISEMENT