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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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