Johnson v. State

oN PETITION TO TRANSFER

RUCKER, Justice

When a person utters what can only charitably be called fighting words, then displays a handgun, and next says "don't even think it," we conclude the person has communicated a threat within the meaning of the intimidation statute. We therefore grant transfer and affirm the trial court.

Facts

On the afternoon of November 5, 1998, Sergeant Jerome Kreezmer of the South Bend Police Department stopped directly behind a gray Ford Tempo at a red traffic light in St. Joseph County, Indiana. Although Kreezmer was on duty, he was out-of-uniform and driving an…