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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 sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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