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Judges reinstate battery charges against drunken casino patron

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The Indiana Court of Appeals found a Switzerland Circuit Court had no grounds to dismiss the information against a man charged with misdemeanor battery after jabbing the shoulder of a pit boss at Belterra Casino.

Daniel Riley went to the casino in December 2011 to play blackjack at a specific seat. When he saw that seat was reserved, he got angry with pit boss Peggy Warfield after she refused to let him play, jabbing her in the shoulder. Security called Indiana Gaming Agent Audrey Smoot to take a complaint that Riley wanted to file. He then decided not to file charges, but Warfield wanted to press charges, so Smoot watched surveillance video of the incident.

She decided battery charges should be filed and Riley should be ejected. Because Riley was too intoxicated to leave and had a hotel room, she let him stay to sober up. When the state charged Riley with battery, Smoot was the affiant for the information, which was signed by the prosecutor. Riley sought to dismiss the charges, which Switzerland Circuit Judge W. Gregory Coy granted without prejudice.

“While there may be several possible grounds for dismissal of an information, we can find no support for the proposition that Smoot acting as affiant would be one of them. Nor has any other basis been alleged,” Chief Judge Margret Robb wrote. “While it may be more common to have a law enforcement officer or prosecutor affirm the information, it is not required by the plain language of the statute, nor by any case law that we can find or that the parties cite.”

As such, the trial court abused its discretion in granting the dismissal in State of Indiana v. Daniel E. Riley, 78A05-1206-CR-311.


 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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