Woman’s conviction for threatening apartment manager upheld

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The Indiana Court of Appeals upheld a woman’s intimidation conviction Thursday, finding the evidence supports the charge that she threatened the manager of the apartment complex where she lived.

Donnetta Newell was being evicted from an Indianapolis apartment complex and sued for damages over a recent incident in which management believed she had damaged a desk in the apartment manager’s office with a meat cleaver.

Newell was upset about the eviction notice and told apartment security guard Russell Growe that the new lady upstairs – the apartment manager Evelyn Young – was about to get her f******g head knocked off. Growe was concerned for Young’s safety and immediately told her about the threats. Extra security was posted outside her office for several weeks.

Newell appealed her Class A misdemeanor conviction, arguing the evidence couldn’t sustain her conviction and that the trial court abused its discretion by admitting evidence of the desk incident.

“Here, Growe testified that, based on Newell’s past interactions with him, she was aware his duties included reporting problems to the apartments’ manager. Furthermore, her threat against Young raised a security issue, and a reasonable person could conclude that Growe would have to act on that threat. There is sufficient evidence for the finder of fact to conclude Newell knew that her statement would be transmitted to Young,” Senior Judge Randall Shepard wrote in Donnetta Newell v. State of Indiana, 49A02-1309-CR-744.

The appellate court also concluded that evidence about the desk incident was admissible under Rule 404(b) as probative of whether Newell intended to intimidate.

“Newell has argued at trial and on appeal that she never intended to threaten Young but was instead merely expressing frustration at being evicted. On this question of intent, evidence that she was believed to have done violence recently in the manager’s office was legitimately available for the purpose of evaluating whether her subsequent statements about doing violence to the new manager were actually threats or just hyperbole. Moreover, evidence of the desk incident was admissible under Rule 404(b) because it was material to evaluating Growe and Young’s reaction to Newell’s statement,” Shepard wrote.



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  1. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.