WILSON v. GILBERT et al

Filing 97

ENTRY DISCUSSING MOTION FOR SUMMARY JUDGMENT. Dkt. 68, Defendant's Motion for Summary Judgment, is granted. For the reasons explained in this Entry, the motion for summary judgment must be GRANTED as to the first of the arguments, while the remainder need not be addressed. (See Entry). Signed by Judge David Frank Hamilton on 12/2/2008. (Attachments: # 1 Appendix A, # 2 Appendix B) (LBK)

Appendix A Aggravated Battery - Count II Malydia Wilson, on or about September 17, 2004, did knowingly inflict injury, that is: dislocated shoulder, on another person, namely: M. Andrew Bonham, that caused a protracted loss or impairment of the function of a bodily member or organ, that is: loss of use of the right arm of M. Andrew Bonham, to M. Andrew Bonham, by dragging M. Andrew Bonham with her car. Criminal Recklessness - Count III Malydia Wilson, on or about September 17, 2004, did by means of a deadly weapon, that is: silver, 1994, 4 door Oldsmobile vehicle, recklessly, knowingly, or intentionally inflict serious bodily injury, that is: dislocated shoulder, road rash, and contusions, extreme pain, on another person, namely: M. Andrew Bonham, by dragging M. Andrew Bonham with her car. Battery - Count IV Malydia Wilson, on or about September 17, 2004, did knowingly touch M. Andrew Bonham, a law enforcement officer empowered by the Cumberland Police Department, in a rude, insolent, or angry manner, that is: dragged Officer M. Andrew Bonham with her car, while said law enforcement officer was engaged in the execution of his official duty, which resulted in bodily injury, that is: abrasions and contusions on the leg and arms, to M. Andrew Bonham. Battery - Count V Malydia Wilson, on or about September 17, 2004, did knowingly touch Nichole Gilbert, a law enforcement officer empowered by the Cumberland Police Department, in a rude, insolent, or angry manner, that is: struck with hands and fists, while said law enforcement officer was engaged in the execution of [her] official duty, which resulted in bodily injury, that is: physical pain, to Nichole Gilbert. Resisting Law Enforcement - Count VI Malydia Wilson, on or about September 17, 2004, did knowingly flee from M. Andrew Bonham, a law enforcement officer empowered by the Cumberland Police Department, after M. Andrew Bonham had identified himself by visible or audible means and ordered Malydia Wilson to stop, and while committing said offense Malydia Wilson did inflict bodily injury, that is: abrasions, contusions and physical pain on M. Andrew Bonham. Theft - Count VIII Malydia Wilson, on or about September 17, 2004, did knowingly exert unauthorized control over the property, that is: Pampers disposable diapers and baby wipes, of Wal-Mart Company, with intent to deprive Wal-Mart Company of any part of the value or use of said property.