Robert R. Fleming, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.
from the Cass Superior Court The Honorable Richard A.
Maughmer, Judge Trial Court Cause No. 09D02-1607-CM-537
ATTORNEY FOR APPELLANT Mark K. Leeman Leeman Law Office
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana Ian McLean Laura R. Anderson Deputy Attorneys
General Indianapolis, Indiana.
Robert Fleming ("Fleming") appeals his conviction
for Class A misdemeanor intimidation. Specifically, Fleming
argues that the State failed to prove that he engaged in a
true threat, and that the State failed to prove that he
intended to place the victim Keith Kottkamp in fear of
retaliation for a prior lawful act.
and Procedural History
Rena and Keith Kottkamp awakened around 10:45 p.m. on June
30, 2016, to a woman's screams of "Help me! Help
me!" coming from their front yard. Tr. p. 24. Mrs.
Kottkamp arose, turned on the porch light, and saw Keisha
Mowery ("Mowery") on their porch and at their front
door. Mowery had come from Fleming's home, which is
located across the road from the Kottkamps. Mrs. Kottkamp
called the police, but while they were waiting for officers
to arrive, Mowery returned to Fleming's home.
Cass County Sheriff Department Officers Gary Armstrong and
Shane Johnson arrived soon after at Fleming's home.
Fleming refused to allow either officer into his home, answer
any questions, and repeatedly told the officers to get off of
his property using foul language. As the officers left
Fleming's property and headed to their vehicles, Fleming
followed the officers telling them, "that's right,
that's right. You do what I say. You get the f--- off my
property." Id. at 53.Fleming then exclaimed,
"oh, by the way if I could find your wives I would f---
your wives and show her, show your wives what a real man
is." Id. Officers Armstrong and Johnson drove
across the street to the Kottkamps. The Kottkamps reiterated
what they observed, and the officers left without taking any
The Kottkamps returned to bed and attempted to fall back
asleep. Approximately ten to fifteen minutes later, they were
awakened again to Mowery's cries of "Help me! Help
me!" Id. at 28. Mrs. Kottkamp went to the
porch, but this time she made sure Mowery stayed with her
while Mr. Kottkamp called the police. While the Kottkamps
were waiting for the police, Fleming left his home and began
approaching their property.
Fleming stayed on his property as he yelled obscenities
across the road at Mrs. Kottkamp, including calling her a
"white-haired old bitch." Id. at 42. Upon
hearing Fleming curse at his wife, Mr. Kottkamp came out on
to the porch where he joined his wife and Mowery. At this
point, Fleming yelled, "and what the hell do you want
you old bastard?" Id. at 43. Fleming continued
shouting across the street at the Kottkamps, at one point
telling Mr. Kottkamp "that he was going to come over and
kick [Mr. Kottkamp's] ass." Id. Upon
hearing this, Mr. Kottkamp laughed. Approximately five
minutes later, the police arrived for the second time.
Officer Armstrong was now off duty, but Officer Johnson
returned with Officer Brenton McDonald. Once the officers
arrived, Fleming began retreating closer to his home, while
using offensive language to tell the officers to mind their
own business and to get off of his property. At this point,
Officer Johnson put Fleming in restraints for "his
safety and my safety." Id. at 56. Officer
Johnson then arrested Fleming and transported him to jail.
On July 1, 2016, Fleming was charged with Class A misdemeanor
intimidation and Class B misdemeanor disorderly conduct. On
February 8, 2017, a jury trial was held, and the jury found
Fleming guilty of both offenses. The sentencing hearing was
held on February 27, 2017, and Fleming was sentenced to 365
days in the Cass County Jail for the intimidation conviction
and 180 days in ...