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Court rules stun gun is deadly weapon under battery statute

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The battery with a deadly weapon conviction of a man who attacked a resident manager at a Noblesville trailer park with a metal pipe and a stun gun was affirmed by the Indiana Court of Appeals Monday.

The panel in Chad Matthew McClellan v. State of Indiana,  29A05-1401-CR-7 did not accept McClellan’s argument that evidence presented at trial was insufficient to prove that the battery was done with a deadly weapon.

Judge Paul Mathias wrote that McClellan used a stun gun on Billy Burke after forcing his way into Burke’s trailer at the Tall Timbers park. He also told Burke it was his “last day,’ according to the record. Burke was able to throw out McClellan, and other park residents subdued him until authorities arrived.

“From this evidence, the statutory definitions given as part of the final instructions, and using its collective common sense, the jury could reasonably conclude that McClellan committed battery by means of a deadly weapon, i.e. a stun gun that could ordinarily be used in a manner readily capable of causing serious bodily,” Mathias wrote for the panel.



 

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