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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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    1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

    2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

    3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

    4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

    5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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