Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowA Jefferson County man, convicted of beating up someone who testified against his daughter’s boyfriend, did not confine the victim during the assault, the Indiana Supreme Court has ruled.
Gary Allen Gibson was convicted of one count of aggravated battery, a Class B felony, and one count of criminal confinement by removal, a Class D felony. He was sentenced to 16 years for battery and 2 ½ years on the confinement charge, with both sentences served concurrently.
On appeal, Gibson argued, the evidence was insufficient to support the conviction for criminal confinement.
The Indiana Court of Appeals disagreed. It found Gibson’s conduct supported his conviction, noting Gibson was present when his friend knocked the victim to the ground and restricted his movement. Also, Gibson kicked the victim in his face.
In a two-page per curiam decision, the Supreme Court reversed Gibson’s criminal confinement conviction and sentence of 2 ½ years. It agreed the evidence was insufficient to support the conviction.
The case is Gary Allen Gibson v. State of Indiana, 39S05-1509-CR-517.
Please enable JavaScript to view this content.