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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. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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