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Miscarriage an 'act' in intimidation charge

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The Indiana Court of Appeals affirmed today a man's conviction of and sentence for intimidation after he threatened his wife, who recently miscarried. The appellate court ruled the miscarriage fulfilled the "act" part of the charge as contemplated by Indiana statute.

Manuel Clara appealed his conviction and sentence in Manual Clara v. State of Indiana, No. 19A04-0806-CR-345, in which the trial court denied his motion for judgment on the evidence or directed verdict.

Clara blamed his wife, Tosha, for her miscarriage a few weeks earlier and threatened to kill her and their 2-year-old son. He grabbed a knife from the kitchen and even screwed one of their home's doors shut so Tosha couldn't leave. She eventually escaped with their son and called police.

The intimidation charge against Clara provided that he threatened Tosha with the intent she "be placed in fear of retaliation for a prior lawful act, to wit: because [Tosha] had miscarried their child." Clara moved for a directed verdict, arguing miscarriage isn't an "act" as considered by the statute defining intimidation, so the state failed to establish the elements of the offense. The trial court denied the motion and he was found guilty; Clara was sentenced to the advisory sentence of four years on his intimidation conviction.

In his appeal, Clara argued that an "act" under the statute must be volitional, so the miscarriage couldn't count.

Using the dictionary definition of "act" as "the thing done," the act can be intentional, unintentional, volitional, or non-volitional, wrote Senior Judge John Sharpnack. Here, the state alleged and proved Tosha's miscarriage was "the thing done" and further showed Clara's threat to commit a forcible felony was based upon the miscarriage. As a result, the appellate court affirmed the trial court ruling.

The Court of Appeals also affirmed Clara's advisory four-year sentence as appropriate because Clara intimidated Tosha for more than two hours and threatened to kill his son as a result of his wife's miscarriage.

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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