ILNews

Dog attack justifies battery charge

Jennifer Nelson
January 1, 2007
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Commanding an animal to attack a person can justify an aggravated battery charge under Indiana statute, ruled the Court of Appeals today.

In Shaquita Gilbert v. State of Indiana, 49A02-0606-CR-448, the Court of Appeals affirmed Gilbert's conviction for aggravated battery, a Class B felony under Indiana Code 35-42-2-1.5. Gilbert appealed, saying there is insufficient evidence showing she caused the injuries that brought on the aggravated battery conviction. Gilbert commanded a pit bull in the home where she lived to attack Veronica McAtee.

The facts of the case show Gilbert had a hostile relationship with McAtee. When McAtee showed up at the house where Gilbert was staying to drop off medication, Gilbert attacked her. Gilbert repeatedly punched McAtee and told the pit bull, "Get'er. Get'er. Sic. Sic. Get'er. Get'er." The dog latched onto McAtee's arm while Gilbert sprayed McAtee with mace and beat her with the empty can. Gilbert also yelled for the dog to kill McAtee; another person living in the house had to get the dog off of McAtee.

As a result of the attack, McAtee had swollen eyes, a black eye, bite marks on both arms and feet, and her right hand and arm suffered nerve damage to the extent that she now has no feeling in three fingers.

Gilbert was found guilty of criminal recklessness and aggravated battery and given a 10-year sentence with two years suspended to probation. She appealed the ruling, arguing the dog caused the most serious injuries and her own actions only caused McAtee's bruising and swollen eyes.

Not only did Gilbert command the dog to attack McAtee, she made no attempt to remove the dog from McAtee and encouraged the dog to continue to bite McAtee. The Court of Appeals cited several cases that determined dogs could be deadly weapons when used as such by a human. If a defendant uses a gun to injure someone, the courts would not find insufficient evidence to convict someone because the gun, rather than the defendant, killed or injured the victim, Chief Judge John Baker wrote for the majority. If a defendant incites and encourages a dog in an attack, it is logical and justified to hold the defendant responsible for the injuries.
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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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