As promised I am circling back to the legalistic  part. I am not an attorney or legal expert. I will do my best to articulate this. If anyone would like to add to it or correct me please do so. 

It is illegal to abandon an animal in Indiana. IC 35-46-37. 

Local officials have to initiate this or bring it to the state. 

At the Justia website it covers defense of prosecution that one reasonably believes that a vertebrae animal was capable of surviving. 

An animal that is feral is not in a  person’s custody. 

Here is the text that i pulled from it: 

“It is a defense to a prosecution for abandoning a vertebrate animal under this section that the person who had the animal in the person's custody reasonably believed that the vertebrate animal was capable of surviving on its own.

For purposes of this section, an animal that is feral is not in a person's custody.
I will put a link for everyone to read for themselves. “

This is the what  Prosecutor Lindsey Holden-Kay used to not prosecute, saying it was a weak case. 

The responding officer asked Breanna Dardis if they believed the cat that they dumped could make it on its own. 

Of course she said yes.

What else would she say, especially with her already feeling like they might be in trouble and seemly carefully using measured words ? 

The Dardis claimed they didn’t know what cat they had trapped so could easily claim they thought it was a feral. 

I still believe the prosecutor could have done more and from your comments i know some of you do as well. 

It has been reported the Dardis were fined a $100 fine for dumping the animal. 

If I get a copy of the ticket, I will share it on here. 

Autumn has said that she will pursue a civil case against the Dardis. 

Please Support her in that when she begins that. 

Currently the priority is to find Aspen and bring her home. 

There have been possible sightings of cats fitting Aspen’s description in a couple of places. 

A couple  of possible sightings around the 46 merchant mile area. Cages will be place in that area. 

A couple of neighbors in the Shadow creek neighborhood have seen a cat fitting Aspen’s description. A trap has been placed there. 

With the Merchant Mile being at the junction of I- 65 and 46 there is the possibility of someone picking her up and transporting her out of the area. 

Please share out of the  city and state. 

 These are all possibilities so please still search  the base area behind Menards.

Thank Everyone for all of their support! So many have been so wonderful!! 

Please watch Autumn’s shotgun rider video at the link below. 

https://youtube.com/shorts/7NTRMr11cag?si=Mb2yUTSALsxvOBWj

https://law.justia.com/codes/indiana/2022/title-35/article-46/chapter-3/section-35-46-3-7/