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Newell v. State

Court of Appeals of Indiana

April 24, 2014

DONNETTA NEWELL, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable David M. Hooper, Master Commissioner. Cause No. 49F08-1306-CM-36456.

ATTORNEYS FOR APPELLANT: JOEL M. SCHUMM, SHEA THOMPSON (Certified Legal Intern), Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, CHANDRA K. HEIN, Deputy Attorney General, Indianapolis, Indiana.

SHEPARD, Senior Judge. VAIDIK, C.J., and FRIEDLANDER, J., concur.

OPINION

Page 368

SHEPARD, Senior Judge

Donnetta Newell appeals her conviction of intimidation, contending among other things tat evidence suggesting she was engaged in an altercation involving a meat cleaver in the office at her apartment complex should have been inadmissible in her trial on a charge she subsequently threatened the manager. We affirm.

FACTS AND PROCEDURAL HISTORY

On the evening of May 28, 2013, security guard Russell Growe was on patrol at his place of employment, Harmony Park Place Apartments. Appellant Donnetta Newell, a resident of the apartments, approached Growe to complain that she was being evicted and sued for damages by the management over a recent incident. She told Growe she would not pay and declared " [s]he would take care of the m****s and that also the new lady upstairs was about to get her f****g head knocked off." Tr. p. 14.

Growe concluded that Newell was referring to the apartments' new manager, Evelyn Young. Newell was aware that Growe's duties included reporting security issues to the manager.

Young was not at the apartments that evening, but Growe was concerned that she would be in danger when she arrived at work. He emailed Young to tell her about Newell's statement. Growe went to Young's office first thing the next morning to discuss the matter with her, " because I did feel the threat could be carried out." Id. at 22. He posted additional security outside her office for several weeks.

Newell's statement to Growe made Young uncomfortable. This discomfort persisted over the next several days, as Newell and several associates waited outside

Page 369

Young's office and yelled threats at her when she got off ...


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