Keith A. Laughlin v. State of Indiana
Keith A. Laughlin v. State of Indiana
Opinion
[1] Keith A. Laughlin appeals his conviction of Level 6 felony intimidation where the threat is to commit a forcible felony. 1 He argues the State did not present sufficient evidence: (1) he intended to cause the Johnson County Courthouse to be evacuated, and (2) he threatened to commit a forcible felony. We affirm.
Facts and Procedural History 2
[2] At approximately 5:00 p.m. on Saturday, January 17, 2015, Laughlin called in a "bomb threat at the Johnson County Courthouse." (Tr. Vol. II at 6.) Laughlin called again later and asked, "Did you find the bomb? ... You have ten minutes to respond." (State's Ex. 2 at 00:00:27-00:00:46.) Laughlin called a total of six times; some of the calls were hang up calls and in some calls Laughlin's speech was unintelligible. The 911 dispatcher was able to determine via Caller ID that the calls came from a telephone number owned by Laughlin.
[3] Detective James Bryant went to the Johnson County Courthouse and, along with four or five other officers, inspected the premises to make sure there was not a bomb. Police were able to locate the geographical source of Laughlin's calls using a two-phase system that pinpoints, first, the location of the cell tower accessed and, second, the more precise address from which the calls were made. Once the Courthouse was clear, Detective Bryant went to the address identified by the two-phase system, and Angela Bryant 3 answered *829 the door. Detective Bryant inquired about Laughlin, Angela indicated Laughlin was in the back room of the house, and officers found him there. Detective Bryant interviewed Laughlin and Angela. Detective Bryant then reviewed the 911 tapes and arrested Laughlin based on Detective Bryant's belief Laughlin made the calls because Laughlin has a "unique voice." (Tr. Vol. II at 22.)
[4] On January 21, 2015, the State charged Laughlin with Level 6 felony intimidation where the threat is to commit a forcible felony. After a bench trial on May 24, 2017, the trial court entered a conviction as charged. On July 12, 2017, the trial court sentenced Laughlin to two years, which the court suspended.
Discussion and Decision
[5] When reviewing sufficiency of the evidence in support of a conviction, we will consider only probative evidence in the light most favorable to the trial court's judgment.
Binkley v. State
,
[6] We do not assess the credibility of the witnesses or reweigh the evidence in determining whether the evidence is sufficient.
Drane v. State
,
[7] To prove Laughlin committed Level 6 felony intimidation where the threat is to commit a forcible felony, the State had to provide evidence that Laughlin: (1) communicated a threat; (2) to another person; (3) with the intent of causing the evacuation of a dwelling, building, or other structure; (4) and the threat was to commit a forcible felony.
Intent to Cause Evacuation
[8] "A person engages in conduct 'intentionally' if, when he engages in the conduct, it is his conscious objective to do so."
[9] Laughlin called Johnson County 911 at approximately 5:00 p.m. on a Saturday. Laughlin argues that, because he believed the Courthouse to be unoccupied at that time, the evidence demonstrates he intended "to harass the police and force the police to enter an empty courthouse[;]" not "to evacuate a full courthouse." (Br. of Appellant at 8.) Laughlin asserts the element would have been satisfied if "[t]he call took place during normal business hours," ( id. ), because then it would be clear the intent of the call was to evacuate *830 the building. Because there was no evidence the building was occupied at the time he called in the bomb threat, Laughlin argues, it was not his intent for the building to be evacuated and, thus, his conviction should be reversed.
[10] Laughlin's case was tried before the bench. In bench trials, we assume the judge knows and follows the applicable law.
Leggs v. State
,
[11] It is reasonable for the fact finder to infer Laughlin intended for his calls to result in the police needing to evacuate the Courthouse based on his repeated calls and question regarding whether police had located the device. Laughlin's argument is an invitation for us to reweigh the evidence, which we cannot do.
See
Hendrix v. State
,
Threat to Commit Forcible Felony
[12] Indiana Code defines a forcible felony as "a felony that involves the use or threat of force against a human being, or in which there is imminent danger of bodily injury to a human being."
[13] Laughlin argues there was "no evidence that [he] threatened the use of force against a human being." (Br. of Appellant at 8.) He also contends he did not indicate at any time he intended to detonate a bomb inside the Johnson County Courthouse, and therefore, the State did not present evidence he threatened to commit a forcible felony as required to enhance intimidation from a Class A misdemeanor to a Level 6 felony.
See
[14] "[T]hreats of potential, nonspecific violence constitute a threat to commit a forcible felony."
Huber v. State
,
*831
felony intimidation when it presented evidence he called a domestic violence advocate and stated that "things were not going to be real pretty," (
[15] As for whether Laughlin's threat of force was "against a human being," (Appellant's Br. at 8), we note the statutory definition of forcible felony provides the threat may be against a human being or the threat may create "imminent danger of bodily injury to a human being."
Conclusion
[16] The State presented sufficient evidence of Laughlin's intent to have police evacuate the Johnson County Courthouse when he called multiple bomb threats to 911. Additionally, the State presented sufficient evidence Laughlin's threat was to commit a forcible felony because his statement that police had ten minutes to respond to him indicated he intended to detonate a bomb in an area likely populated by pedestrians. Accordingly, we affirm.
[17] Affirmed.
Baker, J., and Altice, J., concur.
We held oral argument on this case on April 3, 2018, at the University of Southern Indiana. We thank the University for its hospitality and counsel for their able presentations. We also would like to thank USI President Linda L.M. Bennett for her continued support and wish her well in her retirement.
Angela is unrelated to Detective Bryant. Previously, Angela's legal first name was Ricky. The State refers to Angela as "Angela" and uses she/her pronouns, ( see Tr. Vol. II at 22), while Laughlin refers to Angela as "Ricky" and uses he/him pronouns in his testimony before the court, ( see id . at 40), but Laughlin calls her "Angela" and uses she/her pronouns in his interview with Detective Bryant recorded the day of the crime. ( See State's Ex. 3.) We will refer to her as "Angela."
Laughlin asserts he could not have intended "evacuation" because his threats were made on Saturday afternoon. However, the occurrence of an "evacuation" is not defined by the number of people who must exit the building; it is defined by the state in which the building remains after the occurrence. An evacuated building is one that has been rendered empty or vacant. See Evacuate, Merriam-Webster Dictionary , https://www.merriam-webster.com/dictionary/evacuate (last accessed April 12, 2018). The simple fact that a Courthouse is not open for business does not guarantee that building is empty; thus, regardless when a bomb threat is made, police still must take all necessary steps to ensure no one is in a threatened building. An evacuation must occur.
The relevant language of Indiana Code section 35-45-2-1 (2003), under which Huber was convicted, is the same as the language in the statute under which Laughlin was convicted.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.