Axe Threat Leads To Conviction And Bar Charges
A complaint recently filed by the Illinois Administrator
On May 29, 2015, after 9:30 p.m., Respondent called his estranged wife, Linda Smith, on the telephone and asked if she wanted any food from McDonald’s restaurant. Ms. Smith declined. Respondent then became agitated and began arguing over the telephone with Ms. Smith. Respondent and Ms. Smith were living in separate residences at the time, both of which were in St. Joseph County, Indiana.
During the argument, sometime between 9:45 p.m. on May 29, 2015, and 12:25 a.m. on May 30, 2015, Respondent told Ms. Smith over the telephone that she was a bad wife and expressed anger over the fact they were separated. Respondent told Ms. Smith he was going to split her chest open with an axe. Respondent then told Ms. Smith he was looking for an axe, and then stated that he was coming to her home. Ms. Smith fled her home, drove to the Mishawaka Police Department, and reported Respondent’s conduct to police officers.
Police officers responded to Ms. Smith’s home and observed Respondent inside the home. In Respondent’s vehicle was an axe. The police saw the axe and arrested Respondent.
At all times alleged in this Complaint, there was in full force and effect sections 35-45-2-1(a)(1) and 35-45-2-1(b)(1)(A) of the Indiana Code, which provide that a person who communicates a threat to another person to commit a forcible felony with the intent that the other person be placed in fear of retaliation for a prior lawful act commits the crime of intimidation, a Level 6 Felony.
On June 3, 2015, the St. Joseph County (Indiana) Prosecutor’s Office issued a one-count information against Respondent, charging him with intimidation, a Level 6 Felony, in violation of Indiana Code 35-45-2-1(a)(1) and Indiana Code 35-45-2-1(b)(1)(A). The matter was docketed as State v. Fronse Wayne Smith Jr., St. Joseph Superior Court case number 71D02-506-F6-000361.
On September 15, 2015, the St. Joseph County Prosecutor’s Office filed an amended information, amending certain language but not changing the charge, level of felony, or criminal statutes that Respondent was alleged to have violated. A copy of the amended information is attached as Exhibit 1.
On September 24, 2015, a jury trial was held in State v. Fronse Wayne Smith Jr. That same day, the jury found Respondent guilty of intimidation, a Level 6 Felony, as charged.
On November 4, 2015, Judge John Marnocha entered a judgment of conviction against Respondent for intimidation. Judge Marnocha sentenced Respondent to one year in the St. Joseph County Jail, suspended the jail sentence, and placed Respondent on probation for one year. The order was entered nunc-pro-tunc to September 24, 2015, due to a scrivener’s error. A certified copy of the judgment of conviction and sentencing order is attached as Exhibit 2, and a copy of the order of nunc-pro-tunc is attached as Exhibit 3.
The complaint alleges a violation of rule 8.4(b). (Mike Frisch)