The son-in-law of a man seriously injured when stabbed in the eye with a plastic candy cane is now awaiting trial on Level 5 felony battery causing serious bodily harm.
Dustin R. Waggoner, 34, Underwood, had gone with his wife to the Scottsburg apartment of his father-in-law, Greg Duke, 51, on Sunday. A statement taken from the daughter related that the three were drinking there,
When Duke argued with the couple, Waggoner went outside. As his daughter began to leave, Duke allegedly struck her in the mouth. She told the officer that Waggoner approached the apartment door, but she said she tried to keep the two apart and shoved her father away. Her father then allegedly struck her again, and Waggoner purportedly threw a child's bicycle at his father-in-law.
The woman, who had been in a crouch, said her father was still fighting but “...all of sudden quit.” She said she looked up at her father, and Duke was bleeding from his left eye. She said Duke yelled that Waggoner had stabbed him in the eye. The weapon was an outdoor Christmas decoration, a plastic candy cane.
When Patrolman L. Travis Rutherford arrived at the scene on York Road, Duke was in the apartment's doorway being helped by Scott County EMS technicians. Waggoner was outside on the sidewalk near a broken candy cane.
The victim twice told the Scottsburg officer that his son-in-law had stabbed him.
Duke's eye wound continued to bleed, Ptl. Rutherford noted in his report. The victim smelled of alcohol, and, when Ptl. Rutherford asked, Duke reportedly said he'd had a lot to drink. After examining him, an EMS technician advised that a portion of the cane was still in Duke's eye and that they would be transporting him directly to University of Louisville Hospital for treatment.
Waggoner was taken into custody. He appeared in Scott Circuit Court on Tuesday, February 9, where a not guilty plea was entered for him.
His case was assigned to a public defender, and bail was set at $25,000 by corporate surety bond or $5,000 cash. He was ordered to have no contact with the victim.
Waggoner's trial has been initially set for July 12.
Duke was charged February 11 in Scott Superior Court with misdemeanor battery for allegedly striking his daughter. He filed a $1,000 cash bond on Friday, February 12, and his initial hearing was scheduled for Tuesday, February 16.