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Woman’s conviction for threatening apartment manager upheld

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The Indiana Court of Appeals upheld a woman’s intimidation conviction Thursday, finding the evidence supports the charge that she threatened the manager of the apartment complex where she lived.

Donnetta Newell was being evicted from an Indianapolis apartment complex and sued for damages over a recent incident in which management believed she had damaged a desk in the apartment manager’s office with a meat cleaver.

Newell was upset about the eviction notice and told apartment security guard Russell Growe that the new lady upstairs – the apartment manager Evelyn Young – was about to get her f******g head knocked off. Growe was concerned for Young’s safety and immediately told her about the threats. Extra security was posted outside her office for several weeks.

Newell appealed her Class A misdemeanor conviction, arguing the evidence couldn’t sustain her conviction and that the trial court abused its discretion by admitting evidence of the desk incident.

“Here, Growe testified that, based on Newell’s past interactions with him, she was aware his duties included reporting problems to the apartments’ manager. Furthermore, her threat against Young raised a security issue, and a reasonable person could conclude that Growe would have to act on that threat. There is sufficient evidence for the finder of fact to conclude Newell knew that her statement would be transmitted to Young,” Senior Judge Randall Shepard wrote in Donnetta Newell v. State of Indiana, 49A02-1309-CR-744.

The appellate court also concluded that evidence about the desk incident was admissible under Rule 404(b) as probative of whether Newell intended to intimidate.

“Newell has argued at trial and on appeal that she never intended to threaten Young but was instead merely expressing frustration at being evicted. On this question of intent, evidence that she was believed to have done violence recently in the manager’s office was legitimately available for the purpose of evaluating whether her subsequent statements about doing violence to the new manager were actually threats or just hyperbole. Moreover, evidence of the desk incident was admissible under Rule 404(b) because it was material to evaluating Growe and Young’s reaction to Newell’s statement,” Shepard wrote.

 

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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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