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Gang member’s sentence for bar fight reduced

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The convictions of a gang member stemming from his role in a bar fight were upheld by the Court of Appeals Wednesday, but the judges ordered his sentence shortened because the convictions all occurred during a single episode of criminal conduct.

Brent Anthony Dimmitt got into a fight at Lafayette bar with a group of men. While inside the bar, he showed off his gang tattoos and told the other men that he was part of the Rebel Cause gang. The gang has a history of violence and attacking people. Two men were injured in the fight, one seriously.

Dimmitt was convicted of Class C felony battery, Class A misdemeanor battery, Class D felony criminal gang activity, and being a habitual offender. He was sentenced to consecutive sentences of eight years for felony battery, one year for misdemeanor battery, two years for criminal gang activity, and eight years for being a habitual offender, for a total of 18 years served and one year suspended to probation.

He claimed in Brent Anthony Dimmitt v. State of Indiana, 79A02-1406-CR-443, that the trial court committed fundamental error by failing to properly instruct the jury on the elements of a charge of criminal gang activity. But the judges found no fundamental error because there was no substantial harm to Dimmitt. The state provided substantial evidence with created a nexus between Dimmitt’s offenses and his furthering the goals of his criminal gang.

The appeals court ordered his sentence revised, however, because Dimmitt’s convictions stem from a single episode of conduct, so they should be capped at 10 years. And his habitual offender sentence should not be a separate count, but instead should be a sentence enhancement on the underlying felony conviction. The appellate court remanded for further proceedings to correct that issue as well as resentence Dimmitt to 10 years on his convictions instead of 11 years.  

 

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  • Should of
    Gotten more time. We need to keep trash like brent behind bars. Anyone who could keep beating a defenseless man should be kept away from society.
  • Think before you post
    You were not there that night. The fact is that one of his victim's received PERMANENT brain damage that was caused while Brent kicked him in the head while he was unconscious. He almost died. That is not self-defense! Self defense is not kicking someone repeatedly in the head, and FRACTURING their skull while they are lying on the ground motionless. Actions have consequences. This person was sucker punched by Brent and then beaten nearly to death. He was in a coma for a month. I wonder if you would be saying these things if you had to be there to watch him in the hospital bed, wondering if he would survive? The person that Brent punched in the face and then kicked in the head did NOT have any part of the altercation you are referring to. He was completely innocent and never laid a hand on anyone. I'm honestly shocked by your post and wonder if you have a heart at all? Brent needs to take ownership for what he did, and you need to accept that he brutally attacked a defenseless person.
  • Man Not Monster
    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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    2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

    3. I agree. My husband has almost the exact same situation. Age states and all.

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    5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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