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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowA man’s conviction in Whitley County for dealing in methamphetamine by manufacturing was upheld by the Court of Appeals Wednesday. There is evidence that the man knowingly or intentionally aided an acquaintance in making methamphetamine in the home the defendant shared with his girlfriend.
In Christopher A. Lothamer v. State of Indiana, 92A05-1501-CR-26, Christopher Lothamer challenged his Class B felony conviction because he did not personally make the methamphetamine. Lothamer and his girlfriend, Tina Farber, allowed Willie Jensen to make meth in their home, which was owned by Farber. Lothamer also installed hooks so blankets could be hung to keep the odors in the bathroom while Jenson cooked the meth and provided pseudoephedrine to Jensen to use to make the drug.
Lothamer was convicted of several drug-related offenses, but only challenged the dealing conviction. The state’s theory was he assisted Jensen in the making of the drug, and the jury was instructed accordingly.
A person can be guilty of dealing in meth by manufacturing even though the person does not actually “cook” the product, Judge Robert Altice noted. The evidence shows that Lothamer was not merely present at the scene, but acted in concert with Jensen to manufacture methamphetamine, and it supports a reasonable inference that he knowingly and intentionally aided Jensen in the manufacture of meth, the COA held.
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