ILNews

Judges uphold felony conviction for kicking cat

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals affirmed an Allen County man’s conviction of Class D felony torturing or mutilating a vertebrate animal, finding sufficient evidence that the man knowingly or intentionally mutilated a cat that somehow got into his house.

Larry Knox tried to get the cat out by opening the front door and kicking it outside. He kicked the cat so hard that it knocked out the cat’s front tooth, causing it to go flying out of its mouth. The cat then ran into the bedroom, where he chased it and kicked it a couple more times. Then Knox called animal control.

Knox told the animal control officer that he didn’t like cats and that he was not threatened by the cat. He even joked how far the tooth had flown from the cat. A veterinarian who examined the cat said it would take a lot of force to knock out the tooth and the cat must have been sitting or crouched down when the incident occurred. Based on the cat’s behavior, the veterinarian and animal control officer concluded she was not feral.

Knox argued that he kicked the cat only after it “came straight at me,” but he was found guilty and sentenced to one year in the Department of Correction.

In Larry D. Knox v. State of Indiana, 02A03-1312-CR-491, the Court of Appeals noted that the mens rea element of I.C. 35-46-3-12(c), under which Knox was found guilty, has not been addressed by an Indiana appellate court yet. But it’s been well established that a person engages in conduct intentionally if, when he engages in the conduct, it is his conscious objective to do so. And engaging in conduct “knowingly” occurs when the person is aware of a high probability that he is engaging in the conduct.

The evidence most favorable to the judgment shows that Knox knowingly or intentionally mutilated the cat. The judges declined to reweigh the evidence, noting they are in no position to challenge the fact-finder’s assessment of Knox’s credibility on appeal.  
 

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