Christopher A. Lothamer v. State of Indiana
2015 Ind. App. LEXIS 657
| Ind. Ct. App. | 2015Background
- Christopher Lothamer lived with his fiancée Tina Farber in a trailer at Miami Village Mobile Home Park from Aug 2012 to Jan 2014 and used that address on his license.
- Beginning Aug 2013 Lothamer and Farber used methamphetamine regularly; Lothamer obtained pseudoephedrine and sometimes purchased meth for use.
- On multiple occasions Lothamer and Farber allowed Willie Jensen to manufacture methamphetamine in their trailer bathroom; Lothamer assisted by buying supplies, providing pseudoephedrine, supervising one cook, and hanging blankets to contain odors.
- On Jan 29, 2014 police executed a search warrant and found chemical precursors, paraphernalia throughout the home, three one‑pot labs in the freezer, and meth residue on a coffee filter.
- Lothamer was charged with multiple counts including Count I: dealing in methamphetamine by manufacturing (class B felony). A jury convicted him of Counts I, II, and IV–V; he later pleaded guilty to Count VI. He was sentenced to an aggregate of ten years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to support conviction for dealing in methamphetamine by manufacturing (accomplice liability) | State: Lothamer knowingly aided Jensen’s manufacture by providing pseudoephedrine, buying supplies, supervising, permitting use of his home, and taking affirmative steps to facilitate cooking | Lothamer: Evidence insufficient — at most mere presence or indirect/nonparticipatory involvement; he did not perform the actual cooking | Affirmed. Court held substantial evidence supported accomplice liability: actions before, during, and after the cooks showed he knowingly aided manufacture |
Key Cases Cited
- Davis v. State, 813 N.E.2d 1176 (Ind. 2004) (standard for reviewing sufficiency of evidence)
- Bailey v. State, 979 N.E.2d 133 (Ind. 2012) (reiterating sufficiency review rules)
- Fowler v. State, 900 N.E.2d 770 (Ind. Ct. App. 2009) (holding a person may be guilty of manufacturing even if they did not perform the cook when they knowingly lent their home and assistance)
- Green v. State, 937 N.E.2d 923 (Ind. Ct. App. 2010) (explaining accomplice liability and that mere presence may be considered with other conduct)