Gaddis v. State
| Decision Date | 27 May 1997 |
| Docket Number | No. 49A02-9611-CR-727,49A02-9611-CR-727 |
| Citation | 680 N.E.2d 860 |
| Parties | Duane N. GADDIS, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff. |
| Court | Indiana Appellate Court |
Duane N. Gaddis appeals from his conviction for Intimidation, as a Class A misdemeanor, following a bench trial. Gaddis was ordered to serve a 15-day sentence, which was suspended, he was placed on six months probation, and ordered to pay a fine and court costs. The dispositive issue presented for our review is whether Gaddis communicated a threat within the meaning of the intimidation statute.
We reverse. 1
On August 15, 1995, Donald Carver and his son were driving southbound in the far left lane of Interstate 465 near the Indianapolis International Airport. Carver observed a car driven by Gaddis approach his rear bumper and felt that the Gaddis vehicle was following him too closely. Traffic was heavy during the late afternoon rush hour, and Carver was unable to switch lanes. When the traffic cleared, Gaddis moved across to the far right lane. Carver then moved to the middle lane, placing his car near the Gaddis vehicle. Until this point, the parties had made no attempt to communicate.
When the vehicles were beside one another, the men exchanged hand gestures and spoke toward each other. The hand gestures were incomprehensible. 2 The windows in both vehicles were raised and neither could hear what the other was saying. During this encounter Gaddis removed his handgun from the glove box, displayed it by the window at a 45-degree angle, and placed it near the console. Carver then slowed down and backed off. Gaddis exited from Interstate 465 to State Road 67, and Carver pulled over to call the police on his cellular telephone.
Indiana State Police Trooper Kimberly K. McNeeley was "dispatched to take a criminal recklessness report" from Carver. After speaking with Carver and his son, Trooper McNeeley went to the Gaddis home to investigate. Gaddis was informed of his rights and described the encounter with Carver. Gaddis admitted that he did have a handgun and that he had taken it from the glove box and laid it by the console, but he denied having openly displayed the gun. Gaddis had a gun permit and produced the weapon for Trooper McNeeley's inspection.
The police subsequently tendered a charge of criminal recklessness to the prosecutor. Instead the State charged Gaddis with intimidation. The information alleged that Gaddis:
... did communicate to Donald Carver a threat, that is: an expression by words or actions, of an intent to harm Donald Carver, with the intent that Donald Carver be placed in fear of retaliation for a prior lawful act, that is: for Donald Carver having occupied a high speed lane of traffic on Interstate 465 at eight (8) mile marker; ...
Gaddis was convicted and now appeals.
Gaddis contends that the mere display of a handgun does not communicate a threat within the meaning of the intimidation statute. We must agree.
Intimidation is defined by Indiana Code § 35-45-2-1, which states in relevant part:
(a) A person who communicates a threat to another person, with the intent that:
(1) the other person engage in conduct against his will; or
(2) the other person be placed in fear of retaliation for a prior lawful act; commits intimidation, a Class A misdemeanor.
IND.CODE § 35-45-2-1(a)(1)(2). The State relies on the definition of "threat" as "an expression, by words or action, of an intention to ... unlawfully injure the person threatened," set forth in Indiana Code § 35-45-2-1(c)(1).
Here, the State had to prove that (1) Gaddis communicated through his actions an intention to unlawfully injure Carver, (2) with the intent that Carver be placed in fear of retaliation, (3) for Carver's prior lawful act. Thus, there must be a threat before one may be convicted of intimidation. Jackson v. State, 570 N.E.2d 1344, 1346 (Ind.Ct.App.1991), trans. denied. The State contends that such a "threat" occurred when Gaddis displayed his handgun to Carver as their vehicles traveled side-by-side on the interstate. We cannot agree.
The State has misconstrued the meaning of "threat" as defined by our legislature under the intimidation statute and as a matter of law has failed to demonstrate that Gaddis threatened Carver. 3 A threat requires that the defendant express an intention to unlawfully injure the person threatened. IND.CODE § 35-45-2-1(c)(1). Here, the parties attempted but failed to communicate through words or gestures. The facts show only that Gaddis raised his handgun to the window at a forty-five degree angle for Carver to view. Although Carver was shown the profile of the handgun for a few seconds, the weapon was not pointed at him or his vehicle. 4
The law is well-established that criminal statutes must be strictly construed against the State, may not be enlarged beyond the fair meaning of the language used, and may not be held to include offenses other than those clearly defined. Jackson, 570 N.E.2d at 1347. Any ambiguity must be resolved against imposing the penalty, and only those cases which are clearly within its meaning and intention can be brought within the statute. Ajabu v. State, 677 N.E.2d 1035, 1042 (Ind.Ct.App.1997), trans. denied. Carver may have been frightened by the encounter, but he was not threatened within the meaning of the intimidation statute as there was no evidence of an...
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...However, at least one court in Indiana has treated the nature of the threat as an element of the offense. See Gaddis v. State, 680 N.E.2d 860, 861 (Ind. Ct. App. 1997) (focusing on the definition that requires an intention to "unlawfully injury the person threatened"). In Gaddis, the court ......
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