Gang member’s sentence for bar fight reduced

Back to TopCommentsE-mailPrintBookmark and Share

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.  



  • 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

    Post a comment to this story

    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
    Subscribe to Indiana Lawyer
    1. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

    2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

    3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

    4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

    5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.