Motion Filed To Correct Errors, Change Verdict Against Soto
WARSAW — A motion to correct errors and for judgement on the evidence has been filed by Scott Lennox, attorney for Dr. Mark H. Soto. No date to hear the matter has been set by Elkhart Superior Court 2 Judge Stephen Bowers, special judge in the matter.
Soto is scheduled to be sentenced at 1:30 p.m. Thursday, Sept. 28, in Kosciusko County.
Lennox is asking the court for judgement on the evidence, to find Soto not guilty of counts I and III, to find that an error has been committed, and to vacate or dismiss the convictions on those two counts.
The motion states Aug. 9, the jury found Soto guilty of count I – corrupt business influence, a class C felony/level 5 felony; count III — corrupt business influence, a class C felony/level 5 felony; and count V — intimidation, a class D felony.
The verdict read for count I states “from or about the 16th day of October 2012 through and including May 19, 2015, at and within Kosciusko County, Indiana, Mark Soto did knowingly or intentionally receive proceeds, to wit: money from individuals, said proceeds being directly or indirectly derived from a pattern of racketeering activity, to with: a pattern and series of acts of intimidation against various individuals, and the said Mark Soto did use or invest those proceeds or the proceeds derived from them to operate an enterprise, to wit: Young Dragon Enterprises, LLC.”
The verdict on count II was similar in its wording and the verdict on count V specifically notes “Mark Soto communicated threats to another person, to wit: Nate McLaurin, with the intent that Nate McLaurin be placed in fear of retaliation for a prior lawful act …”
Lennox stated in his motion the court, following the reading of the verdict, inquired if the state had a motion. The state did not immediately respond and upon prompting from the court, the state moved the court to enter judgment of convictions in accordance with the jury verdicts.
It is contended such entry of conviction on jury verdicts was in error as the state charged the defendant explicitly with a “pattern” of racketeering activity – intimidation against various individuals in each of counts I and III for which the jury found the defendant guilty. The jury simultaneously, acquitted Soto of counts IV and VI: intimidation, wherein the state alleged a pattern of conduct: intimidation against against various individuals; instead only finding Soto guilty of a single act of intimidation under count 1: Intimidation against Nate McLaurin on date certain of Jan. 2, 2013.
The motion says no other evidence of the defendant engaging in a pattern of intimidating conduct was presented during the trial and the state provided insufficient evidence for the jury to have found him guilty of counts I and III, having been found not guilty of any pattern of intimidation and “the court committed error in entering judgment of convictions accordingly.”