NOT GUILTY Of Chemical Endangerment - Two Counts

Rickey Stokes

Viewed: 8062

Posted by: RStokes
Date: Apr 11 2018 10:07 PM

20th JUDICIAL CIRCUIT - HOUSTON COUNTY:     On or about June 13, 2016 Dothan Police arrested Dornell Denzell Atterberry on two counts of Chemical Endangerment of A Child. 

A Houston County Grand Jury did not issue an indictment until January 23, 2018. Yes, it took the case some 18 plus months from arrest to a Grand Jury Indictment.

This week the case of State of Alabama verses Dornell Denzell Atterberry went to a trial before 12 of Atterberry’s peers  in a 20th Judicial Circuit Courtroom with the Honorable Butch Binford as the Judge on the case.

Atterberry was represented by Shaun McGhee of Smith and McGhee Attorneys At Law in Dothan.

Both the prosecution and defense presented their case to the jury of 12. However there were no tests performed of the children to see if they in fact had any of the chemicals in them.

After hearing the testimony, the jury of 12 spent only 1 1/2 hours in deliberation. The jury of 12 returned verdicts in both cases - NOT GUILTY.

Shaun McGhee of Smith and McGhee is a well known trial lawyer. He does his homework, and thoroughly represents his clients in a court of law. 

Smith and McGhee are located on West Main Street next to the Justice Park at Main and Oates. Traveling west on Main Street they are on the left.

The telephone number is 334-377-1674.

Section 26-15-3.2

Chemical endangerment of exposing a child to an environment in which controlled substances are produced or distributed.

(a) A responsible person commits the crime of chemical endangerment of exposing a child to an environment in which he or she does any of the following:

(1) Knowingly, recklessly, or intentionally causes or permits a child to be exposed to, to ingest or inhale, or to have contact with a controlled substance, chemical substance, or drug paraphernalia as defined in Section 13A-12-260. A violation under this subdivision is a Class C felony.

(2) Violates subdivision (1) and a child suffers serious physical injury by exposure to, ingestion of, inhalation of, or contact with a controlled substance, chemical substance, or drug paraphernalia. A violation under this subdivision is a Class B felony.

(3) Violates subdivision (1) and the exposure, ingestion, inhalation, or contact results in the death of the child. A violation under this subdivision is a Class A felony.

(b) The court shall impose punishment pursuant to this section rather than imposing punishment authorized under any other provision of law, unless another provision of law provides for a greater penalty or a longer term of imprisonment.

(c) It is an affirmative defense to a violation of this section that the controlled substance was provided by lawful prescription for the child, and that it was administered to the child in accordance with the prescription instructions provided with the controlled substance.

(Act 2006-204, p. 302, §2.)

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