ILNews

Court upholds conviction for theft of water heater

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals dismissed a man’s argument that he didn’t know he couldn’t take a water heater from an Indianapolis apartment complex to scrap, finding that the evidence supports his theft conviction.

Charles Mitchell and two men were attempting to break up and take a water heater that was in the grass on the property when an apartment employee and the assistant manager told them to stop. The men told Susan Revak, the assistant manager, that a “big Hispanic supervisor” told them they could take it, but no such employee worked for the complex.

The men tried to drive away, but Revak jumped in front of their truck and ordered an employee to call the police. The men pulled over and stopped.

Mitchell was charged with Class D felony theft and Class A misdemeanor criminal mischief, but he was only convicted of theft. Marion Superior Judge Rueben Hill gave him the advisory sentence of one-and-one-half years, with all but 60 days suspended to probation.

Mitchell argued that his conviction can’t stand because he didn’t know the men couldn’t take the water heater. He was relying on information given to him by one of the men, Virgil Jones, who claimed they were allowed to take the heater.

The Court of Appeals pointed out that any belief Mitchell had that he could take the water heater became unreasonable when Revak unequivocally told them that no one with the apartment complex had given permission to take the water heater and to take it out of the truck.

The imposition of the advisory sentence was also appropriate, the judges held, as Mitchell failed to prove otherwise.

The case is Charles Mitchell v. State of Indiana, 49A02-1202-CR-125.

 

ADVERTISEMENT

  • Really, bad use of system
    Who is the lawyer and where did a theft get COA funds for a water heater theft? I have had six burglaries at a retail location and can't get a police report updated, any items back, a police investigation. This has got to be the worst incident of backing a system up to the harm of others.

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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

ADVERTISEMENT