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. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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