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. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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