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Judges uphold felony conviction for kicking cat

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The Indiana Court of Appeals affirmed an Allen County man’s conviction of Class D felony torturing or mutilating a vertebrate animal, finding sufficient evidence that the man knowingly or intentionally mutilated a cat that somehow got into his house.

Larry Knox tried to get the cat out by opening the front door and kicking it outside. He kicked the cat so hard that it knocked out the cat’s front tooth, causing it to go flying out of its mouth. The cat then ran into the bedroom, where he chased it and kicked it a couple more times. Then Knox called animal control.

Knox told the animal control officer that he didn’t like cats and that he was not threatened by the cat. He even joked how far the tooth had flown from the cat. A veterinarian who examined the cat said it would take a lot of force to knock out the tooth and the cat must have been sitting or crouched down when the incident occurred. Based on the cat’s behavior, the veterinarian and animal control officer concluded she was not feral.

Knox argued that he kicked the cat only after it “came straight at me,” but he was found guilty and sentenced to one year in the Department of Correction.

In Larry D. Knox v. State of Indiana, 02A03-1312-CR-491, the Court of Appeals noted that the mens rea element of I.C. 35-46-3-12(c), under which Knox was found guilty, has not been addressed by an Indiana appellate court yet. But it’s been well established that a person engages in conduct intentionally if, when he engages in the conduct, it is his conscious objective to do so. And engaging in conduct “knowingly” occurs when the person is aware of a high probability that he is engaging in the conduct.

The evidence most favorable to the judgment shows that Knox knowingly or intentionally mutilated the cat. The judges declined to reweigh the evidence, noting they are in no position to challenge the fact-finder’s assessment of Knox’s credibility on appeal.  
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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