Dubois was charged with Intimidation, a Class D felony. As written in the charging information, Dubois had verbally threatened to physically harm the victim if she didn’t give him the money he wanted. He also told her that he would kill her if she took their children away from him.
The incident happened on April 22, 2013 when the victim went to Dubois’ residence to see their children.
A third amendment to the criminal information filed by the prosecutor’s office read that Dubois committed the act of intimidation where he communicated a threat to another person with the intent that the other person be placed in fear for a prior lawful act.
In his explanation before he revealed the verdict, Judge Kim Hall said that the state had to prove beyond a reasonable doubt four elements within the charge filed:
1. The defendant,
2. Communicated a threat,
3. With the intent that the victim be placed in fear of retaliation for a prior lawful act,
4. And the threat was to commit a forcible felony.
Judge Hall said the state did prove three of the four elements beyond a reasonable doubt. The judge did not think the state proved beyond a reasonable doubt that Dubois committed the act with the intent that the victim be placed in fear of retaliation for a prior lawful act.
When Dubois threatened the victim, he threatened a future lawful act, not a prior lawful act.
Judge Hall rendered a not guilty verdict in Dubois’ case and he was free to leave the courtroom.