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COA: Teen who shot cows did not mutilate or torture them

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The Indiana Court of Appeals Thursday reversed a teenager’s adjudications for cruelty to an animal after finding the evidence was not sufficient to prove he mutilated or tortured either cow he shot.

Seventeen-year-old A.J.R. and his 14-year-old friend C.C. were in LaPorte County coyote hunting with C.C.’s semi-automatic AR-15-style rifle. When they came upon a pasture of cattle, A.J.R. took C.C.’s rifle, leaned out of the driver’s side window of his car, and fired two shots into the herd of cattle. C.C. fired at cattle at another pasture.

The cattle’s owner discovered two of his cows lying on the ground. One had a wound in its head, the other had no visible wound but was moaning and unresponsive. Both died within 30 minutes of the shooting.

Police interviewed the teens, during which A.J.R. admitting to driving the car when the cows were shot after C.C. implicated A.J.R. in the shootings. A.J.R. was adjudicated as a delinquent for committing what would be two counts of cruelty to an animal, two counts of criminal mischief, and aiding, inducing or causing criminal mischief, if committed by an adult.

In A.J.R. v. State of Indiana, 46A03-1306-JV-243, the appellate judges found there was sufficient evidence that A.J.R. shot and killed two of the cattle, including testimony of sheriff’s deputy Troy Ryan, who investigated the area where the two shootings occurred. Thus, they affirmed his adjudications for criminal mischief.

But the judges reversed the adjudications for cruelty to animals because there’s no evidence the teen intended to torture or mutilate the cows. There’s no evidence that A.J.R. shot either of the cows with the intent of increasing or prolonging the animals’ pain, as is required for conviction of this crime by the statute. Nor is there evidence that he targeted either cow in a way that would result in serious disfigurement, protracted impairment of a body part or organ, or a fracture, Judge Margret Robb wrote, which again is required by statute.

The judges also affirmed the admission of Ryan’s skilled witness testimony, ruling it did not violate A.J.R.’s right to a fair fact-finding hearing.
 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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