Julius Beverly, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff (2026)

MEMORANDUM DECISION

Case Summary

[1] Following a jury trial, Julius A. Beverly was convicted of felony murder. Beverly appeals his conviction, presenting two issues for our review:

1. Did the State present sufficient evidence to rebut his claim of self-defense?

2. Did the trial court abuse its discretion in admitting evidence of a picture of Beverly making an obscene gesture?

[2] We affirm.

Facts & Procedural History

[3] In August 2022, Beverly reconnected with Da'Kylen White through social media. Between August 22 and September 4, 2022, Beverly and White spent time together and became close.

[4] On September 2, 2022, Beverly tried to sell a pair of shoes to White and texted him a picture of the shoes. White then sent an instant message through Instagram to Beverly, asking “Hm foe the 12.”¹ Exhibit Vol. II at 49. Beverly messaged him back with the price of $120. White did not indicate whether he wanted to buy the shoes.

[5] The following day, White texted a picture of a pistol to Beverly and then messaged him, “Tell em trade or buy.” Id. at 51. Beverly asked White what was wrong with the pistol, and White replied, “Between us the sum with the clip on the side.” Id. at 52. Beverly sent a second message asking White, “Coolen whas wrong wid da otha stik us sent the picture for” and White told him to “Chop it up,” which Beverly understood to mean that he was not to worry about it. Id. at 55. Beverly offered White “[s]um cash n dem 12s” for the pistol. Id. at 53.

[6] On September 4, 2022, Beverly used his phone to research pawn shops near him. He also took two selfie photos on his phone that day showing him wearing a hat with a distinctive skull and crossbones design. That afternoon, Beverly arranged to go with White to Express Pantry on North High School Road in Indianapolis. Because Beverly did not have a vehicle, White was to pick him up. Throughout the afternoon, Beverly repeatedly texted White about whether he was on his way.

[7] White arrived outside Beverly's apartment around 5:24 p.m. Beverly got into the front passenger seat and another individual with Beverly got into the back seat on the driver's side. When Beverly got into the car, he observed a Glock 17 handgun holstered on White's hip. Beverly knew White carried a gun and had previously seen White's gun, which he knew to be a Glock 17. Beverly also carried a gun—a Glock 19, and he and White had previously discussed exchanging guns. White drove straight to Express Pantry. On the way, the three discussed pawnshops, and White said that he had another gun in the car.

[8] As can be seen on a video recording from Express Pantry of the shooting, after White pulled into a parking spot, Beverly and the third individual exited the vehicle, while White remained. While exiting, Beverly put his hand in his jacket pocket that contained his Glock 19. Beverly then closed the car door, and as he turned, he pulled out his firearm and immediately reached through the open passenger window with his arms and upper torso, and fired his gun, striking White three times on the side of his face, two times in the upper back, and once on his upper right chest. Beverly then leaned farther into the car and grabbed White's gun before walking away from Express Pantry.

[9] Police arrived at Express Pantry at 5:39 p.m. and found White deceased in the driver's seat of his vehicle. White had a hair tie in his right hand and an empty holster on his right hip. An investigation revealed that the cartridge casings found in the vehicle were fired from a Glock 19.²

[10] At 7:17 p.m., Beverly used his phone to search “can glock 17 firing pin shoot for glock 19.” Id. at 26. At 7:53 p.m., Beverly viewed the article “Express Pantry fatal shooting, 1 dead after NW Indianapolis shooting” from his phone. Id. at 38.

[11] Hours later, Beverly texted with White's girlfriend, Davianna. The following text exchange occurred between them:

Davianna: So what happened to kylen.

Beverly: WTW I see u calling n shit u good lil bro

Beverly: wym klyen who texting this kylen I thought!?

Davianna: Klylen is dead bro

Beverly: Why he b texting you off my phone if this ain him ion een talk to his girl n shit

Beverly: Wymm Hee Dead!!

Davianna: He gone he was killed today and we trying figure out what happened

Davianna: He was on his way to you

Beverly: WTF U MEANN

Beverly: Yea He said he was Spinning da bin WER TF HIS WTF IM SO SHIDDY

Davianna: We need to figure out what happened Beverly: Yea Ima call u tmrw Dat shit f*cked Up Mane Bout My Lil Bro I Cant een breath frl

Exhibits Vol. I at 26 (errors in original).

[12] On September 7, 2022, Beverly banged on someone's door because he “needed someone to call the police for [him.].” Transcript Vol. 4 at 149. When police arrived, they located Beverly and confiscated a Glock 19 that was near him. Beverly spoke with Indianapolis Metropolitan Police Department Detective Anthony Johnson and initially told him that he did not shoot White. After Detective Johnson told Beverly that there was a video of the shooting, Beverly admitted that he shot White.

[13] Later that day, police searched Beverly's apartment and found White's Glock 17 underneath a couch. Police also recovered Beverly's phone. A forensic analysis of the phone showed that it was used to search the internet for pawnshops, communicate with White in the days leading up to the murder, communicate with Davianna after the murder, and take pictures of Beverly on the day of the murder. In the pictures, Beverly is wearing the same clothes and hat that he is wearing in the video of the shooting.

[14] On September 9, 2022, the State charged Beverly with murder, felony murder, and Level 2 felony robbery resulting in serious bodily injury. A two-day jury trial commenced on December 10, 2024. The State admitted into evidence the video recording of the shooting, which was played for the jury. The State also admitted into evidence the two photos of Beverly wearing the same hat and shoes that he was wearing in the video of the shooting. The photos were taken three minutes apart and are similar except that in one, Beverly is prominently displaying his middle finger. Beverly objected to admission of that photo arguing that it was unduly prejudicial and cumulative of the second photo in which Beverly is not making the middle finger gesture. The trial court overruled Beverly's objection, stating, “It's not a nice picture, but I don't think people are going to be excessively offended by that.” Id. at 98. Both photos were published to the jury.

[15] Beverly argued to the jury that he acted in self-defense. Beverly testified that he thought it was weird that White sent him a photo of a gun when he was trying to sell him shoes and that he was concerned about White coming over because of his “vibe.” Id. at 139. He also testified that he found it strange that as they drove to Express Pantry, White mentioned having a second gun in the car and White seemed “real anxious.” Id. at 143. Beverly explained that once they arrived at Express Pantry, he was being “cautious” and as he exited the vehicle, he put his hand in the pocket that contained his Glock. Id. He claimed that after he closed the car door, he looked back into the car and saw that White had a gun pointed at him. Beverly described how he pulled his gun from his pocket and how he fired his gun as he reached through the open window to take White's gun from him.

[16] The jury found Beverly guilty as charged. At a sentencing hearing on January 28, 2025, the trial court entered a judgment of conviction for felony murder and vacated the remaining counts due to double jeopardy concerns. The court sentenced Beverly to forty-eight years in the Department of Correction. Beverly now appeals. Additional facts will be presented as necessary.

Discussion & Decision

1. Self-Defense

[17] Beverly argues that the State failed to disprove his claim of self-defense. “The standard for reviewing a challenge to the sufficiency of evidence to rebut a claim of self-defense is the same standard used for any claim of insufficient evidence.” Quinn v. State, 126 N.E.3d 924, 927 (Ind. Ct. App. 2019). We neither reweigh the evidence nor judge the credibility of witnesses and will reverse only if no reasonable person could say that the State negated the defendant's self-defense claim beyond a reasonable doubt. Id.

[18] The Indiana General Assembly has provided:

A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:

(1) is justified in using deadly force; and

(2) does not have a duty to retreat;

if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony.

Ind. Code § 35-41-3-2(c). Further:

[A] person is not justified in using force if ․ the person has entered into combat with another person or is the initial aggressor unless the person withdraws from the encounter and communicates to the other person the intent to do so and the other person nevertheless continues or threatens to continue unlawful action.

I.C. § 35-41-3-2(g). In addition, the defendant must prove he or she had a right to be at the place, acted without fault, and reasonably feared or apprehended death or great bodily harm. Larkin v. State, 173 N.E.3d 662, 670 (Ind. 2021) (quotation omitted). “When a defendant asserts self-defense, the burden shifts to the State to disprove one of the elements of self-defense beyond a reasonable doubt.” Mickens v. State, 742 N.E.2d 927, 930 (Ind. 2001).

[19] Here, the State presented sufficient evidence to rebut Beverly's claim of self-defense beyond a reasonable doubt. Despite his alleged reservations about White's behavior, Beverly offered to buy the pistol and arranged for White to drive him to Express Pantry. Beverly admitted that as he was getting out of the car, he put his hand in the pocket that contained his gun. While he claims that White was pointing a gun at him, the evidence clearly shows that Beverly pulled out his gun while facing away from White and immediately upon turning around, Beverly, with his Glock 19 in his hand, extended his arm and upper body through the open window and fired six shots.

[20] Additionally, the location of the gunshot wounds to the side of White's face, his back, and upper chest, strongly suggests that White was taken by surprise and was not, as Beverly claimed, pointing a gun at him. Further contradicting Beverly's claim that White was pointing a gun at him was evidence that a hair tie was found in White's right hand, the hand closest to his gun holster. The jury was shown the video recording of the shooting and was in the best position to decide whether the events occurred as claimed by Beverly or whether Beverly was the instigator.

[21] Further, Beverly's claim of self-defense is contradicted by the State's evidence that, despite allegedly fearing for his life, Beverly leaned farther into the car and grabbed White's gun and then calmly walked away from the scene. Other behavior by Beverly in the aftermath of the shooting, such as his internet search history, complete denial about knowing what happened to White when texting Davianna, and hiding White's gun in his apartment suggest that his conduct was not an act of self-defense but rather the result of a planned robbery. See Hardiman v. State, 222 N.E.3d 1049, 1056 (Ind. Ct. App. 2023) (evidence of a contrary intent, i.e., that defendant planned to rob victim, was admissible to rebut his theory of self-defense).

2. Admission of Evidence

[22] Beverly argues that the trial court abused its discretion in admitting the photo from his phone of him making an “obscene and offensive hand gesture.” Appellant's Brief at 15. He asserts that such was “entirely cumulative and unnecessary” as the State introduced a nearly identical picture of him in the same clothing without the offensive gesture. He further asserts that the photo had no probative value as Beverly's identity as the shooter was not at issue and was unduly prejudicial as the hand gesture portrayed him as rude, offensive, or even hostile and thus more likely to have not acted in self-defense.

[23] We afford trial courts broad discretion in ruling on the admission of evidence. Townsend v. State, 33 N.E.3d 367, 370 (Ind. Ct. App. 2015), trans. denied. “Generally, we review the trial court's ruling on the admission of evidence for an abuse of discretion. We reverse only where the decision is clearly against the logic and effect of the facts and circumstances.” Jones v. State, 982 N.E.2d 417, 421 (Ind. Ct. App. 2013) (internal citation omitted), trans. denied. However, even when the trial court abuses its discretion, we will not reverse if the error amounts to only harmless error. Id. In deciding whether error was harmless, we consider the likely impact of the improperly admitted or excluded evidence on a reasonable, average jury in light of all the evidence in the case. Hayko v. State, 211 N.E.3d 483, 492 (Ind. 2023).

[24] Here, we find the admission of the photo to be harmless. The sole issue at trial was whether Beverly acted in self-defense in shooting White six times in the side of the face, back, and chest. The State presented evidence of Beverly's conduct prior to and in the aftermath of the shooting, the jury was shown the video of the shooting, and Beverly testified as to his version of events. In light of all the evidence, we find that there is no substantial likelihood that the admission of the photo of Beverly giving the middle finger gesture contributed to the jury's assessment of whether he acted in self-defense when he shot White six times, grabbed White's gun, and then walked away from the scene. The admission of the challenged evidence was harmless.

[25] Judgment affirmed.

FOOTNOTES

1.   Beverly understood that White was asking “How much for the 12s?”, which was a reference to the version of Jordan shoes Beverly was offering to sell.

2.   During a subsequent search of the vehicle, a backpack was located in the back seat and inside was a KelTec sub2000, which is a type of mini rifle.

Altice, Judge.

May, J. and Foley, J., concur.