Judges disagree on chemical possession charge

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A panel of Indiana Court of Appeal judges disagreed as to whether a defendant who stole anhydrous ammonia with the intent of selling it to a third party in the future to make methamphetamine, but who never actually sold the chemical, could be charged with possession with intent to manufacture methamphetamine.

The majority of judges said no and affirmed the trial court grant of Dustin Prater's motion to correct error and vacation his conviction of illegal possession of anhydrous ammonia in State of Indiana v. Dustin Prater, No. 08A02-0904-CR-309. Judge Cale Bradford dissented because he believed anyone who possess the chemical for purposes of manufacturing methamphetamine, even if they intend for someone else to make it, is covered under Indiana Code Section 35-48-4-14.5(c).

I.C. Section 35-48-4-14.5(c) requires an individual in possession of anhydrous ammonia have the personal "intent to manufacture methamphetamine or amphetamine" in order to commit a Class D felony under that statute. Prater was charged and convicted under this statute.

The majority read the statute to mean the person who possesses the chemical must also personally have the intent to use the anhydrous ammonia to manufacture methamphetamine to be charged under subsection (c).

"Here, it is clear that the General Assembly sought a balance between not subjecting citizens who merely possess anhydrous ammonia to possible prosecution while, at the same time, seeking to prohibit the nefarious uses of that chemical," wrote Judge Edward Najam for the majority.

The majority found their reading of subsection (c) to be supported by subsection (g) of the statute, which says it is not the mere possession of the chemical that is criminal but the sale, transfer, distribution, or furnishing of it to another person with the knowledge or intent that the recipient will use the chemical "regent or precursor to manufacture" methamphetamine.

If the General Assembly had intended that mere possession of anhydrous ammonia is a crime, it wouldn't have included the words "with the intent to manufacture" in the statute, wrote Judge Najam. The General Assembly could have included the language "intend to," but did not.

Judge Bradford wrote in his dissent that he couldn't conclude that a person whose task it is to collect the chemical to make methamphetamine is somehow immunized from criminal liability if he doesn't personally involve himself in the manufacturing process.

"Given the obvious intent of the General Assembly to criminalize both the possession and the sale or transfer of ammonia for methamphetamine purposes, I am unwilling to permit Prater's actions to fall through the cracks," he wrote.

Judge Bradford would reverse the grant of Prater's motion to correct error and the vacation of his sentence.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...