**IN THE SUPERIOR COURT OF ST.

JOSEPH COUNTY**

**STATE OF INDIANA**

STATE OF INDIANA, ROBIN DALE KILGORE PEPPERS,

Plaintiff, v. Defendant.

Case No: 71D02-2306-F6-000705

**MOTION TO DISMISS**

COMES NOW the Defendant, ROBIN DALE KILGORE PEPPERS, Pro Se, and hereby moves this court to dismiss the
above-captioned case for the following reasons:

1. **Insufficiency of Evidence:** The charges against the Defendant are based solely on circumstantial evidence.
There is no direct evidence linking the Defendant to the alleged crime of intimidation. 35-34-1-8 (f)

2. **Lack of Eyewitnesses:** There are no eyewitnesses to the alleged phone call that forms the basis of the
intimidation charges. The prosecution's case relies on hearsay and conjecture, which are not sufficient to establish
guilt beyond a reasonable doubt.

3. **Failure of Police to Respond:** The police failed to respond to a 911 call allegedly made by the Defendant.
This failure has resulted in a lack of crucial evidence that could exonerate the Defendant.

4. **Denial of Police Report:** The police denied the Defendant's request to file a police report about the incident
st
multiple occasions beginning with Jan 21 2023. This denial has prevented the Defendant from fully exercising
their rights and has hindered their ability to mount a proper defense. 5-14-3-9©(2)

5. **Mischaracterization of Victim:** The individual/s claiming to be the victim/s in this case is, in fact, a criminal
who has acted unlawfully against the Defendant. The charges of intimidation are based on actions that were taken
in response to this unlawful behavior.

6. **Lack of Credibility:** Given the criminal behavior of the alleged victim, their accusations lack credibility. The
court should consider the surveillance video and eye witness testimonies of the unlawful behavior of this
individual/s when evaluating the validity of their claims. Rule 608

7. **Retaliatory Prosecution:** The charges against the Defendant appear to be retaliatory in nature. The case
was filed subsequent to the Defendant seeking damages for an unlawful police seizure, and has no accompanying
evidence of damages suggesting that the charges may have been brought in retaliation for this action. 35-44.2-1-1
8. **Abuse of Process:** The use of criminal charges as a means of retaliation against a person exercising their
legal rights constitutes an abuse of process. The court should consider this when evaluating the validity of the
charges. 34-52-1-1

WHEREFORE, Defendant respectfully requests this Court to dismiss the above-captioned case.

Respectfully submitted,

_____________________

Robin Dale Kilgore Peppers

1515 Obrien St

South Bend, Indiana, 46628

269-262-2642

CERTIFICATE OF SERVICE

I hereby certify that I have this day served the foregoing Motion To Dismiss on all parties to this action by
depositing a via E-file to the addressed as follows:

lkasznia@stjoepros.org

This ___20____ day of ___October_____, 20_23__.

_____________________

Robin Dale Kilgore Peppers