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. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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