Dashon Scott, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff (2025)

MEMORANDUM DECISION

Case Summary

[1] A jury found Dashon Scott guilty of robbery resulting in bodily injury, a Level 3 felony,¹ and leaving the scene of an accident, a Class B misdemeanor.² Scott argues that the trial court erred in admitting certain evidence. We affirm.

Facts and Procedural History

[2] The facts most favorable to Scott's convictions are as follows. On the night of April 27, 2022, septuagenarian Gary Bradberry went to a casino in Anderson and played craps. Bradberry won approximately $6,000, cashed in some of his chips, and left the casino. He then got into his SUV and started driving home. Bradberry stopped at a red light and felt another vehicle strike the rear end of his vehicle. Bradberry got out of his SUV to check for damage. He noticed that the other vehicle was a Chevy automobile. The Chevy's driver, a black male wearing a black hoodie, got out of his car and walked toward Bradberry. Bradberry “couldn't really see him real clear cause it was dark[,]” but he noticed that the man had “little dark markings, or something[,]” on his face. Tr. Vol. 1 at 231, 232.

[3] The man was armed with “some type of gun[.]” Id. at 230. Bradberry “couldn't really tell if it was a shotgun or what.” Id. at 241. The man told Bradberry, “I know you got money so give me all your money or I'm gonna shoot your ass.” Id. at 231. The man tried to grab Bradberry's wallet out of his pocket. Bradberry tripped and fell “straight down to the ground[,]” using his hands to brace his fall. Id. at 239. Bradberry's wallet, which contained $3,000 to $4,000, fell out of his pocket. The man snatched the wallet and “took off” in the Chevy. Id. at 231. Bradberry called 9-1-1 and gave a statement to the responding officer from the Anderson Police Department. The next morning, Bradberry awoke with pain in his hands, arms, and shoulders as a result of his fall. Bradberry had “two (2) surgeries, one on each hand,” and has “to take pain pills now.” Id. at 239.

[4] Based on Bradberry's statement, Anderson police contacted the Indiana Gaming Commission, which has agents stationed at the casino. The casino scans the identification card of each person who enters the building. An agent and casino security staff determined that Bradberry had entered the casino around 11:00 p.m., and they reviewed surveillance camera footage of his activities there. They saw a black male in a black hoodie arrive at Bradberry's craps table, and they “reviewed the footage backwards” to determine when he entered the casino, “which was roughly around midnight[.]” Tr. Vol. 2 at 90. “[F]rom that time date stamp of entry[,]” they determined that the man was Scott. The footage showed that Scott played craps standing next to Bradberry and left the casino approximately thirty seconds after Bradberry via the same exit. Bradberry was unable to identify Scott as his assailant in a photo lineup.

[5] Police determined that Scott resided in an apartment in Indianapolis and drove a Chevy Malibu registered to his girlfriend. Officers obtained search warrants for the residence and the vehicle and placed Scott under surveillance. On June 27, Scott was stopped while driving the Malibu and taken into custody. The Malibu had damage to the front bumper. In the passenger compartment, police “found a purchase receipt for a Century Arms Draco[,]” which is “like an AK47 rifle ․ except shrunken down” and takes a magazine “kinda shaped like a banana.” Id. at 31. Scott's girlfriend's name was on the receipt, which was dated April 26. Also inside the vehicle was a paper ID bearing Scott's name and photo. Inside the trunk was an empty “AK style magazine” compatible with a Draco, and “inside the driver's side door pocket” was a bullet compatible with the magazine. Id. at 48, 50.

[6] Police also recovered a black hoodie from Scott's apartment and an iPhone from his pants pocket. A warrant was obtained to search the phone, which contained a text sent from the phone stating, “[W]assup bro this Dashon[.]” Ex. Vol. at 54. Another text sent from the phone stated that the sender's name was “Da'shon[.]” Id. at 55. A third text message sent on June 2 stated, “If they come bae say we broken up n I crashed my car if they ask n you don't know where I'm at[.]” Id. at 56. Also on the phone was a photo of a firearm with a banana-style magazine. Id. at 63.

[7] The State initially charged Scott with leaving the scene of an accident, a Class B misdemeanor, and armed robbery, a Level 3 felony. See Ind. Code § 35-42-5-1(a) (“[A] person who knowingly or intentionally takes property from another person or from the presence of another person: (1) by using or threatening the use of force on any person; or (2) by putting any person in fear; commits robbery, a Level 5 felony. However, the offense is a Level 3 felony if it is committed while armed with a deadly weapon or results in bodily injury to any person other than a defendant[.]”).³ The State later amended the robbery charge to robbery resulting in bodily injury, a Level 3 felony.

[8] A jury trial was held in October 2024. The State offered into evidence for demonstrative purposes a photo of a person firing a Draco, which appears nearly identical to the firearm depicted in the photo on Scott's iPhone. Scott objected on relevance grounds, and the trial court overruled the objection. The State also offered into evidence the photo of the firearm on Scott's iPhone and the receipt, magazine, and bullet found in the Malibu. Scott did not object to those exhibits.

[9] Scott testified on his own behalf. He admitted to playing craps in the casino on the night of April 27/28 but denied robbing Bradberry. He also denied knowing that the receipt, magazine, and bullet were in the Malibu on June 27. Scott claimed that he obtained the iPhone from his cousin and that “it probably already had” the photo of the firearm on it. Tr. Vol. 3 at 13. On his right arm, Scott had what he described as a “kind of new” tattoo of a nun holding a firearm and the words, “[N]o rich, no reward.” Id. at 36, 37. The prosecutor asked Scott, “[I]t's a nun holding a Draco, isn't it?” Id. at 38. Scott replied, “Um, if you say so.” Id. The trial court ordered Scott to show the tattoo to the jury. Scott was found guilty as charged, and the trial court sentenced him to ten years, with five years suspended to probation. This appeal ensued.

Discussion and Decision

[10] Scott asserts that the trial court erred in admitting the demonstrative exhibit of the person firing a Draco and that the court committed fundamental error in admitting the photo of the firearm on his iPhone and the evidence found in the Malibu. Scott's overarching argument is that he was “denied a fair trial by the repeated introduction of evidence involving a Draco pistol that was not shown to have been either used in the robbery or of the type used in the robbery[.]” Appellant's Br. at 7.

[11] We disagree. Although Bradberry could not identify the type of firearm that was used during the robbery and could not identify Scott as his assailant in the photo lineup, the circumstantial evidence of Scott's guilt absent the challenged evidence is overwhelming. Accordingly, we need not parse Scott's evidentiary arguments. See Smith v. State, 190 N.E.3d 462, 466 (Ind. Ct. App. 2022) (stating that any error in admission of challenged evidence “was harmless given the overwhelming evidence of Smith's guilt, and harmless error cannot be considered fundamental”), trans. denied. “On appeal, we do not reweigh the evidence or judge the credibility of witnesses, and we consider only the evidence most favorable to the verdict together with all reasonable and logical inferences to be drawn therefrom.” Pierce v. State, 705 N.E.2d 173, 174-75 (Ind. 1998). “Certainly, a guilty verdict may be based solely upon circumstantial evidence.” Id. at 175.

[12] Bradberry testified that his assailant rear-ended his SUV while driving a Chevy and had “little dark markings, or something[,]” on his face. Tr. Vol. 1 at 232. Scott was stopped by police while driving his girlfriend's Chevy Malibu, which had a damaged front bumper, and he has a tattoo of a cross between his eyes, a tattoo on each temple, and a tattoo around his neck. Ex. Vol. at 31. Bradberry also testified that his assailant wore a black hoodie and knew that he had money. Scott admitted to playing craps at the casino that night, and the surveillance video footage showed him wearing a black hoodie, standing next to Bradberry at the craps table, and following him out of the casino. Further, Bradberry testified without objection that his assailant had a firearm, threatened to shoot him if he did not hand over his money, and left the scene after he grabbed Bradberry's wallet. Finally, Bradberry testified that he suffered pain as a result of the incident. This unchallenged evidence was more than sufficient to establish Scott's guilt beyond a reasonable doubt, so we affirm his convictions.

[13] Affirmed.

FOOTNOTES

1.   Ind. Code § 35-42-5-1(a).

2.   I.C. § 9-26-1-1.1.

3.   Indiana Code Section 35-31.5-2-86(a) defines “deadly weapon” in pertinent part as “[a] loaded or unloaded firearm.” Indiana Code Section 35-31.5-2-29 defines “bodily injury” as “any impairment of physical condition, including physical pain.”

Bailey, Judge.

Judges Brown and Weissmann concur. Brown, J., and Weissmann, J., concur.