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COA affirms belt considered a deadly weapon in domestic battery case

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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.
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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