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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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