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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. 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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