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COA: Woman’s conduct is harassment, not intimidation

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The Indiana Court of Appeals reversed a woman’s misdemeanor intimidation conviction stemming from her communications with the wife of her baby’s father. The court held that the state was unable to prove she committed intimidation as charged.

Rakiea McCaskill had a one-year-old child with Tamika Matlock’s husband when McCaskill called Matlock four times the evening of Oct. 28 and morning of Oct. 29, 2012, and threatened to beat her up. She also said she was outside of Matlock’s home.

The state charged McCaskill under subsection (a)(1) of the intimidation statute, saying she communicated a threat with the intent that Matlock engage in conduct against her will: to leave her husband and/or cause her husband to leave her.

The Court of Appeals reversed the conviction, noting there is insufficient evidence of McCaskill’s intent because she never specified the reason for her threats toward Matlock. At trial, Matlock admitted she didn’t know why McCaskill wanted to beat her up. The state argued there is enough circumstantial evidence to show intent. It argued that because McCaskill and Matlock do not have a relationship other than through the husband, McCaskill’s aim must have been for Matlock to leave her husband.

McCaskill had been in a relationship with the husband for several years before threatening Matlock, Judge Rudolph Pyle III wrote in Rakiea McCaskill v. State of Indiana, 49A02-1306-CR-480. It is not clear why McCaskill would suddenly start threatening Matlock with that aim.   

The state did argue at McCaskill’s trial for the lesser-included offense of harassment, which is supported by the evidence. As such, the Court of Appeals ordered the Class A misdemeanor intimidation charge vacated and that the trial court enter judgment of Class B misdemeanor harassment.
 

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  1. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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