Failure To Cooperate Interim Suspension

The Indiana Supreme Court has suspended an attorney for failure to respond to a disciplinary investigation.

The attorney’s felony conviction for intimidation was affirmed by the Indiana Court of Appeals last year

In May 2014, Smith and his wife, Linda, were separated and sharing custody of their son, C.S. On May 29, 2015, C.S. was at Smith’s house, and when Linda called to check on C.S., Smith assured her that C.S. was fine. Later that night, Smith called Linda, told her he was in the McDonald’s drive-through, and asked if she wanted anything to eat. Linda believed that Smith wanted to bring her food so that he could spend time with her that night.

Linda declined Smith’s offer, and Smith quickly became agitated and angry. He called Linda foul names and told her that she was a bad wife. He then threatened her, stating that he “was going to split [her] chest open with an ax.” Tr. pp. 38, 54. Linda knew that Smith had an ax and feared for her safety.

Linda disconnected the phone call and called 911. She drove to the Mishawaka police station, and while she was there, Smith began to text her. Smith claimed that C.S. was in bed at Linda’s house. He also stated that he was going to dispose of and destroy Linda’s property. Linda told the officers that she believed that Smith was inside her house.

South Bend Police Officers Alex Pishkur and Harvey Mills were dispatched to Linda’s home. When they arrived, Smith was walking from his vehicle into Linda’s house. Smith had parked his vehicle with an attached trailer in the middle of the street blocking the normal flow of traffic. Smith was uncooperative and hostile with the officers.

Linda returned to her home shortly thereafter. She and Smith spoke briefly while Officer Mills stood nearby. At one point, Smith moved closer to Linda and stated, “Now you’ve really done it.” Tr. p. 48. The officer then arrested Smith and placed him in handcuffs.

The officers decided to tow Smith’s vehicle but allowed Linda to look inside for the keys in order to move it from the roadway. Linda observed an ax underneath several items piled on the front passenger seat. Officer Mills also observed the ax…

The State presented sufficient evidence to prove that Smith committed intimidation, and Smith has not established any error in the charging information that would require us to reverse his conviction.

(Mike Frisch)