Jennifer Nelson for www.theindianalawyer.com

The Indiana Court of Appeals held Friday that a man who threatened to shoot officers dispatched to his home did not commit intimidation as defined by the statute.

Indianapolis Metropolitan Police officers Juanita Wilkins and Michael Faulk responded to a call regarding a disturbance at Tyrone Causey’s home. When they arrived, they saw the glass on the outer storm door was broken, but did not hear anything. Causey told officers everything was fine, he refused to step out of his home or let them in, and said he was alone in the home. While the officers waited for backup to arrive, Causey opened the door and yelled for them to get off his property and “If you come any closer I’ll shoot.” He continued to yell in an unintelligible manner at the officers and was later arrested for Class D felony intimidation and convicted by a jury.

In Tyrone Causey v. State of Indiana, 49A02-1503-CR-185, Causey maintained the evidence is insufficient to support his conviction, citing I.C. 35-45-2-1. The statute finds one commits intimidation if the threat has the intent to place the other person in fear of retaliation for a prior lawful act.

Causey claimed he was attempting to prevent the officers from taking future action when he threatened them, not that he was trying to place them in fear of retaliation for having responded to a disturbance. The appellate judges agreed, finding Causey’s “If you come any closer I’ll shoot” statement to be conditional.

They also held Causey’s unintelligible rant could not support the conviction.

“As a general matter, we agree that one should not threaten a police officer. However, such behavior, in and of itself, does not constitute intimidation as defined by the statute. Here, the State has not clearly identified what it believes Causey’s threat to be, nor has it pointed to evidence indicating that this threat was made with the required intent,” Judge John Baker wrote.

At 4.4%, the Hoosier unemployment rate is at its lowest level since August of 2001.

• Indiana is now 12,800 Private Sector jobs above March 2000 peak employment levels.

• Indiana’s unemployment rate decrease of -6.4% from July, 2009, the low point of employment, and -4% since January 2013 both rank 2^ndin the U.S.

• Indiana’s unemployment rate decrease of -1.4% over the past year ranks 3^rdin the U.S.
• The Hoosier labor force has grown by 90,000 individuals since January 2013, which leads the Midwest.

• Indiana’s labor force participation rate has outperformed the national average for 18 months in a row. (Indiana’s rate increased to 63.6% vs. 62.4%.)

• Since July 2009, Indiana has added 302,200 Private Sector jobs, which ranks 12th in the nation. (+132,500 since January 2013, or +5.3%.)

• Indiana’s Manufacturing growth in October (+5,400) ranked 2^ndin the U.S.

• The Hoosier State has also added the 2^ndmost Manufacturing jobs (+97,600) in the U.S. since July 2009, at a rate that ranks 2^nd in the nation (+22.8%).

• Indiana has grown the 3^rdmost Manufacturing jobs in the U.S. over the past year (+12,000).

• Indiana continues to have the highest concentration of private sector Manufacturing jobs in the U.S.

• The Hoosier State ranked 10^thin the nation in Private Educational & Health jobs added (+2,900) in October, and has added the 8^th most over the past year (+17,600).

• Indiana has added 19,100 Trade, Transportation and Utilities jobs over the past year, which ranks 5^thin the nation, at a rate of +3.3%, which ranks 3^rd in the U.S.

 

Midwest Labor Force Growth 

 

Private Sector Growth 

o   Indiana ranks 12^th in nation in jobs added since July 2009 (the low-point of employment)

Manufacturing Growth 

o   Indiana ranked 2^nd in jobs added in October.

o   Indiana ranks 2^nd in the nation in jobs added since July 2009 (the low point of employment in Indiana)

o   Indiana ranks 2^nd in the nation in rate of growth since July 2009 (the low point of employment in Indiana).

 

o   Indiana ranks 3^rd in jobs added over the past year.

Private Educational & Health Services 

o   Indiana ranked 10^th in the nation in jobs added in October.

 

o   Indiana ranks 8^th in the nation in jobs added over the past year.

 

 

 

Trade, Transportation & Utilities Growth 

o   Indiana ranks 5^th in the nation in jobs added over the past year.

 

o   Indiana ranks 3^rd in rate of growth over the past year.

 

Governor Mike Pence issued the following statement regarding the October employment report:

“At 4.4 percent, Indiana’s unemployment rate is at its lowest point since August 2001. This encouraging news demonstrates the strength of the Hoosier economy and our dedicated workforce. We’ve set a state record for private sector employment, but Hoosiers can rest assured that my administration will continue to pursue the policies that will make Indiana the best place to get a job, raise a family and start or grow a business.”

The Indiana Department of Workforce Development reports that Indiana saw a sizeable gain in manufacturing growth in October and that labor force participation rates have remained above the national average for 18 consecutive months.

Governor Mike Pence joined a multi-governor letter to President Barack Obama urging the suspension of plans to resettle additional Syrian refugees until an exhaustive review of all security measures has been completed. This letter follows findings that a Syrian refugee was among the perpetrators of the terrorist attacks that took place in Paris.

Governor Pence announced earlier this week that Indiana would suspend the resettlement of Syrian Refugees in Indiana “pending assurances from the federal government that proper security measures have been achieved.”

The letter was signed by 27 governors, and states that “In the wake of this recent tragedy, and until we can ensure the citizens of our states that an exhaustive review of all security measures has been completed and the necessary changes have been implemented, we respectfully request that you suspend all plans to resettle additional Syrian refugees.”

Key excerpts from the letter to the President include:

“Our country has long served as a welcoming beacon to individuals and families who seek safety and refugee status within the borders of the United States.”

“…we are deeply concerned that the Islamic State of Iraq and Syria may have exploited the generosity of the refugee system to carry out Friday’s terrorist attack in Paris.”

“Director of the Federal Bureau of Investigation, James Comey… admitted to certain inadequacies in the system that would prevent the thorough vetting of the 10,000 refugees your administration has pledged to admit into the United States.”

“As governors, we are charged with ensuring the safety and wellbeing of our citizens. In order to adequately fulfill this duty, we request that you immediately review the process by which you conduct background checks on all individuals applying for refugee status and address the gaps acknowledged by your director of the FBI.”

“In the wake of this recent tragedy, and until we can ensure the citizens of our states that an exhaustive review of all security measures has been completed and the necessary changes have been implemented, we respectfully request that you suspend all plans to resettle additional Syrian refugees.”