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Court upholds conviction for theft of water heater

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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.

 

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  • 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.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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