United States of America v. Shepherd Hoehn

Indianapolis, Indiana making threats charge criminal defense lawyer represented Defendant, Shepherd Hoehn, age 51, who was charged with making threats to intimidate and interfere with his neighbor, who is black, because of the neighbor's race and because the neighbor was exercising his right to fair housing, in violation of 42 U.S.C. § 3631 and unlawfully possession firearms, in violation of 18 U.S.C. § 922(g).



According to documents filed in connection with the plea, on June 18, 2020, a construction crew began working at the direction of Hoehn's neighbor to remove a tree from the neighbor's property. Upon learning of the tree removal, Hoehn became angry and took several steps to threaten, intimidate and interfere with his neighbor and the construction workers. Specifically, Hoehn placed and burned a cross above the fence line facing his neighbor's property; created and displayed a swastika on the outer side of his fence, facing his neighbor's property; created and displayed a large sign containing a variety of anti-Black racial slurs next to the swastika; visibly displayed a machete near the sign with the racial slurs; loudly played the song "Dixie” on repeat; and threw eggs at his neighbor's house. On July 1, 2020, the FBI executed a federal search warrant at Hoehn's home. During the search, several firearms and drug paraphernalia were located.



"Hoehn's hateful and threatening conduct, motivated by racial intolerance, is an egregious crime that will not be tolerated by the Justice Department,” said Principal Deputy Assistant Attorney General Pam Karlan of the Civil Rights Division. "Every person has a right to occupy, enjoy and feel safe in their homes, regardless of race, color or national origin. We will continue to protect the civil rights of all individuals and vigorously prosecute hate crime cases.”



"Threats and intimidation, condemnable at all times, are here made all the more reprehensible by Hoehn's racial motivations,” said Acting United States Attorney John Childress. "The citizens of the Southern District of Indiana rightfully expect to be protected from such illegal conduct and expect that those who engage in it to be punished. The men and women of my office will meet those expectations.”



"It's unimaginable that harassment and intimidation such as this based on race, sexual identity or religious beliefs, still exists in this day and age. Such incidents are intended to create fear and will not be tolerated by the FBI,” said FBI Indianapolis Special Agent in Charge Paul Keenan. "The FBI and our law enforcement partners will continue to ensure that if a crime is motivated by bias, it will be investigated and the perpetrators held responsible for their actions. We encourage everyone to report such crimes to the FBI.”



Hoehn's sentencing date has not been set at this time. Hoehn faces a maximum statutory penalty of 10 years in prison and a fine of up to $250,000 for each of the charged offenses.



This case was investigated by the FBI, with assistance from the Lawrence Police Department. Assistant United States Attorney Brad Shepard of the Southern District of Indiana and Trial Attorney Katherine DeVar of the Civil Rights Division are prosecuting the case.



42:3631.F INTERFERENCE WITH HOUSING

(1)

18:922G.F UNLAWFUL POSSESSION OF A FIREARM BY AN UNLAWFUL USER OF, OR ADDICTED TO A CONTROLLED SUBSTANCE

(2)

MINUTE ORDER for proceedings held before Judge Jane Magnus-Stinson: Initial Appearance on Information held on 2/12/2021. Defendant Shepherd Hoehn (01) appeared by video teleconference and by counsel, Sam Ansell, for an initial appearance on the Information and change of plea hearing. The Government appeared by counsel, Brad Shepard and Katherine DeVar with Investigative Agent Chelsea Wesley. Kristine Talley appeared on behalf of the United States Probation Office. The hearing was recorded by Court Reporter, Jean Knepley. Parties appeared for hearing on Defendant's initial appearance on Information and Petition to Enter a Plea of Guilty and Plea Agreement 27 via video conferencing. The Court found that the Defendant consents to appear by video conference, that the initial appearance on the Information and the change of plea cannot be further delayed without serious harm to the interests of justice for the specific reasons stated on the record. The Government also consented to the video conference hearing. All parties confirmed that no witnesses would be called. Spectators were present by telephone. Charges, Rights and Penalties explained. The case will proceed under the Information as the operative charging instrument. Defendant signed Waiver of Indictment in open court. Defendant waived formal arraignment. Plea Agreement Hearing as to SHEPHERD HOEHN (1) held on 2/12/2021. COURT FINDS factual basis for plea and plea voluntarily made. COURT ACCEPTS Plea agreement and ADJUDGES Deft GUILTY as charged. Plea entered by SHEPHERD HOEHN (1) Guilty Count 1,2. The Court addressed the pending Government's Motion for Pretrial Detention. Defendant consented to detention and the Government's motion for pretrial detention 8 is granted. The government noted that it is not proceeding with the charge contained in Count 2 of the complaint. The government made an oral motion to dismiss Count 2 of the Complaint which the court granted. The Court hereby sua sponte rescinds that order as unnecessary. The Information serves as the operative charging document and completely replaces the Complaint. The Court does note that the government is not proceeding fugitive in possession of a firearm charge. Sentencing will be set by separate order. The defendant is remanded to the custody of the U.S. Marshal. The proceedings were adjourned. (SEE ORDER FOR MORE DETAILS.) Signed by Judge Jane Magnus-Stinson. (Court Reporter Jean Knepley) (MRI) (Entered: 02/12/2021)



WAIVER OF INDICTMENT by SHEPHERD HOEHN (1). Executed before Chief Judge Stinson. (MRI) (Entered: 02/12/2021)