ILNews

COA affirms belt considered a deadly weapon in domestic battery case

Back to TopCommentsE-mailPrintBookmark and Share

The belt used by a man to repeatedly strike his girlfriend qualifies as a deadly weapon and supports elevating his battery conviction to a Class C felony, the Indiana Court of Appeals held Friday.

Dee Ward was convicted of the felony battery charge and Class A misdemeanor domestic battery for hitting his sometimes girlfriend J.M. with a leather belt from her waist to her ankles. The incident occurred at Ward’s home, and he dropped her off the next morning at her mother and stepfather’s home. When they saw the severe bruising and injuries to J.M.’s body, as well as how much pain she was in, they called 911.

Paramedic Linda Hodge-McKinney, who is trained in dealing with domestic violence cases, treated J.M. at her home and decided, based on the injuries and potential for internal injuries, J.M. needed to go to the hospital. At the hospital, forensic nurse Julie Morrison treated J.M. Both women asked J.M. in the course of treatment what had happened and J.M. told them Ward was responsible for the injuries.

When it came time for Ward’s trial, J.M. was considered a missing person. Because she was not around to give a deposition, the state asked for – and the trial court allowed – the medical personnel to testify as to what J.M. told her.

In Dee Ward v. State of Indiana, 49A02-1401-CR-25, Ward claimed that his Sixth Amendment right to confrontation was violated. But the admission of the victim’s statements to Hodge-McKinney and Morrison did not violate Ward’s confrontation rights because the statements were not testimonial. The medical personnel asked J.M. about her injuries and who caused them because they wanted to make sure that J.M. was safe and that her attacker was not present.

Ward also argued that the evidence is insufficient to prove that the belt used during the battery constituted a deadly weapon. But based on the definition of Class C felony battery, the belt qualifies because J.M. suffered welts and serious bruising from her waist to her ankles, as well as severe pain. J.M. was also at risk for internal injuries as a result of the beating.

“Given the serious nature of J.M.’s injuries and the severe pain suffered by J.M., we cannot say that the evidence was insufficient to sustain the trial court’s determination that the belt used during the commission of the battery qualified as a deadly weapon. Ward’s claim to the contrary amounts to nothing more than a request for this court to reweigh the evidence, which we will not do,” Judge Cale Bradford wrote.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

ADVERTISEMENT