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COA addresses evidence needed for animal fighting conviction

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For only the second time, the Indiana Court of Appeals has addressed the issue of evidence used to obtain a conviction under I.C. 35-46-3-8, which outlaws buying or owning an animal for an animal fighting contest.

In Rahsaan A. Johnson v. State of Indiana, 18A02-1304-CR-343, Rahsaan Johnson appealed convictions of 14 counts of Class D felony possession of animals for fighting contests.  Muncie Animal Shelter officials went to an abandoned trailer on reports of dogs barking from inside. The shelter’s superintendent called police after observing animals chained up in deplorable conditions. After obtaining a warrant, police discovered a total of 25 animals on the property, often stacked in dog cages crammed inside the mobile home. The animals had injuries consistent with dog fighting, and officers found paraphernalia often used in dog fighting training, such as weighted collars, medicine and treadmills.

Of the 25 dogs, 13 were adopted out and 12 were euthanized for either medical or temperament reasons.

Johnson faced 26 charges as a result of the search, but was convicted of the 14 Class D felonies and seven Class A misdemeanor counts of animal cruelty. He received an aggregate sentence of four years in the Department of Correction.

He challenged the evidence used to convict him and argued his convictions violated double jeopardy.

The judges noted caselaw is scant in interpreting I.C. 35-46-3-8, so they relied on Clemons v. State, 987 N.E.2d 92, 95 (Ind. Ct. App. 2013), the only appellate decision to date concerning the sufficiency of evidence used to convict someone under this statute. Clemons was convicted of possessing “battle cocks” for fighting purposes.

“Contrary to Johnson’s argument that the dogs’ fighting history cannot be indicative of their future purpose, the Clemons court found the evidence that the roosters had been used to fight in the past, combined with the fighting paraphernalia, was sufficient to uphold Clemons’ conviction. We find the same rationale applies in Johnson’s case,” Judge Patricia Riley wrote.

Johnson claimed that he was housing the animals and training them to enter weight-pulling competitions, which are legal. He also argued some of the animals were kept solely for breeding purposes or companionship.

“We do not dispute Johnson’s assertion that ‘millions of Hoosiers own animals, and the vast majority of them would never dream of using them in an animal fighting contest,’” Judge Patricia Riley wrote. “It is clear from the evidence, however, that Johnson is not included among this majority of Hoosiers. Accordingly, we find that there was sufficient evidence for the jury to determine that Johnson possessed these fourteen pit bulls for the purpose of animal fighting. Fortunately for Johnson, the Indiana Department of Correction will not subject him to the inhumane conditions that he forced upon those twenty-five dogs.”

The judges also found his convictions do not violate the double jeopardy clause of the Indiana Constitution.
 

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  1. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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