Terrance T. Sanders, Jr., Appellant-Defendant v. State of Indiana, Appellee-Plaintiff (2026)

MEMORANDUM DECISION

Case Summary

[1] Terrance T. Sanders, Jr., appeals his convictions and sentence for murder, Level 1 felony attempted murder, Level 5 felony criminal gang activity, and a firearm enhancement. He argues that the trial court committed fundamental error in allowing testimony about prior gang activity and, in the alternative, that his sentence is inappropriate. We affirm.

Facts and Procedural History

[2] This case involves two rival gangs in Fort Wayne: “Big Swin Gang,” or “BSG,” Tr. Vol. 4 p. 2, and “Big Money Gang,” or “BMG,” Tr. Vol. 2 p. 190. Sanders is a member of BSG. The gangs often went back and forth on social media, posting live videos and songs about each other. On September 11, 2023, “[t]he BMG Gang made a song about [BSG]” and posted a music video for the song on YouTube. Tr. Vol. 3 p. 175. At one point in the video, the BMG members “are yelling out ․ a direct insult towards [Sanders].” Id. at 48. One of the members in the video was 18-year-old Ayvion Parker, who went by the nickname “Boog” or “Boogie.” Tr. Vol. 2 p. 178; Tr. Vol. 3 p. 23. Sanders and other BSG members heard the song.

[3] Later on September 11, Ayvion and his younger brother, 17-year-old Alihah Parker, went to his friend's apartment at Villa Capri Apartments. It was “common knowledge” that Villa Capri was BMG “turf” because multiple BMG members lived there. Tr. Vol. 4 p. 31. That evening, Sanders, then 18, was hanging out with 19-year-old Chris Recht, 16-year-old Lamont Martin, and 20-year-old Corrion Parks, who are also BSG members, at Parks's house. The group invited Sarena Chacon and Olivia Jerome over to the house. After the girls arrived, Sanders asked Jerome to text “T.J.,” a member of BMG, and ask where he was because “[h]e wanted to meet up with them.” Tr. Vol. 3 p. 178. T.J. told Jerome that he and other BMG members were at Villa Capri, but he didn't mention Ayvion being there. Jerome relayed this to Sanders and noted that “he ain't say sh** about ABoogie.” Tr. Vol. 4 p. 216.

[4] Later in the night, Sanders and the others asked Chacon if they could borrow her car, a black Chevy Cruze. Chacon agreed, so Sanders, Recht, and Martin dropped her and Jerome off at Jerome's house and then left in the car around midnight. At some point, they went back and picked up Parks—a video Martin recorded on his cell phone at 12:53 a.m. showed Parks in the passenger seat. Although they'd told Chacon and Jerome they were just going to a gas station and then to drop Martin off somewhere and that “they'd be back ․ quickly,” surveillance cameras at a storage facility near Villa Capri captured Chacon's car driving through the facility at 1:46 a.m. Tr. Vol. 3 p. 185.

[5] Meanwhile, around the same time, Ayvion and Alihah left the apartment to return home. As they were walking to their car, gunshots erupted. Alihah saw Sanders, Recht, Martin, and Parks firing at them from different angles. Ayvion, who had two guns on his person, was hit in multiple places and fell to the ground. Alihah grabbed one of Ayvion's guns and returned fire. Sanders, Recht, Martin, and Parks continued shooting, and Alihah was hit in the leg. As Alihah shot back at them, Sanders, Recht, Martin, and Parks got into a “dark” car and left. Tr. Vol. 2 p. 197. Several Villa Capri residents heard the gunfire and called 911. By the time first responders arrived, Ayvion had died. Paramedics transported Alihah to the hospital for treatment. Police spoke with multiple Villa Capri residents, and one reported seeing a “black vehicle” leaving after the shooting. Tr. Vol. 3 p. 42.

[6] In the meantime, Chacon had become concerned that Sanders and the others hadn't returned with her car. Around 2:00 a.m., she called 911 to report that her car had been stolen. At 2:20, Sanders texted another member of BSG, “NHG,” which means “N***a he gone,” and “[T]he medics heading that way.” Tr. Vol. 4 p. 214. Sanders also texted Jerome, “I'm going to drop the guns off and then I'll be there.” Tr. Vol. 3 p. 191. Sanders and Recht returned Chacon's car and asked Chacon and Jerome to take them home. Once in the car, Chacon and Jerome noticed there were bullet holes in it. They asked Sanders and Recht about the bullet holes, and Recht said they “got into a shootout but it wasn't in Villa Capri.” Id. at 139. But there were no other shootouts in the area between 1:00 and 2:00 a.m. that morning. See Tr. Vol. 4 p. 213.

[7] Chacon kicked Sanders and Recht out of the car and called 911 again to report that her car had been returned with bullet holes in it. Believing that the car could be connected to the Villa Capri shooting, police brought Chacon in for an interview, and she identified Sanders, Recht, and Martin as the men to whom she'd lent her car. The day after the shooting, Sanders texted Jerome and told her to delete the text messages between them.

[8] The State charged Sanders, Recht, Martin, and Parks with murder, Level 1 felony attempted murder, Level 5 felony battery with a deadly weapon, Level 5 felony criminal gang activity, and a firearm enhancement.¹ Though Alihah had initially refused to talk to the police, after the charges were filed, he cooperated and identified Sanders, Recht, Martin, and Parks as the shooters. A few days before trial, Sanders called Alihah from jail to warn him against testifying, telling him to “leave that sh** in the streets.” Ex. 550 at 6:27.

[9] The jury trial was held in August 2025. Sergeant Marc Deshaies, who'd worked for 10 years in the Fort Wayne Police Department Gang and Violent Crime Unit, testified about the rivalry between BSG and BMG. The State asked him “how many incidents” occurred between the two gangs from 2021 to 2023, and Sergeant Deshaies answered:

I have a short timeline that ․ accounts for like dozens, a couple dozen of those violent episodes happening ․ We have areas where recording studio parties were shot, this case, this rivalry between BSG and BMG started with a Murder and it did have a grandmother Murdered in this violent confrontation that was walking out in the driveway that we believe was mistaken for one of the Gang Members was Murdered. We had a female that was Murdered driving a car that was just an associate of the Gang but she was [a] very easy target. So, we have had you know, half a dozen Murders in this evolution of violence and dozens upon dozens of violent confrontations.

Tr. Vol. 4 p. 6. Sanders did not object to this testimony. The State also presented cell-phone-location data putting Sanders's cell phone near Villa Capri at 1:00 a.m. on the date of the shooting. The data showed that his phone was turned off from 1:37 to 2:07 a.m.

[10] The jury found Sanders guilty of murder, Level 1 felony attempted murder, Level 5 felony battery with a deadly weapon, and Level 5 felony criminal gang activity. While the jury was deliberating on the firearm enhancement, Sanders yelled out in the courtroom, “F*** that dead a** n****r․ F*** that n****r ․ F*** Boog.” Tr. Vol. 5 pp. 14-15. The jury found that Sanders used a firearm to commit the offenses. The trial court entered judgment of conviction on all counts except Level 5 felony battery.

[11] At sentencing, the court found four aggravating circumstances: (1) Sanders's juvenile history, which includes three adjudications for what would be felonies if committed by an adult; (2) prior attempts at rehabilitation have failed; (3) the escalation of Sanders's criminal behavior; and (4) the nature and circumstances of the offenses. The court found no mitigating circumstances and sentenced Sanders to a total of 115 years—consecutive terms of 60 years for murder, 35 years for attempted murder, and 20 years for the firearm enhancement, plus a concurrent term of 3 years for Level 5 felony criminal gang activity. After the court pronounced its sentence, Sanders said to the prosecutor, “Your a** be lying. You's a goof. Your a** a ho. You bogus.” Id. at 25-56.

[12] Sanders now appeals.

Discussion and Decision

I. The trial court did not commit fundamental error in allowing Sergeant Deshaies's testimony about the gang rivalry

[13] Sanders first argues that the trial court erred in allowing Sergeant Deshaies's testimony about the “half a dozen [m]urders ․ and dozens upon dozens of violent confrontations” as part of the “rivalry between BSG and BMG.” Tr. Vol. 4 p. 6. But Sanders did not object to this testimony at trial and therefore must establish fundamental error on appeal. See Halliburton v. State, 1 N.E.3d 670, 678 (Ind. 2013) (“Failure to object at trial waives the issue for review unless fundamental error occurred.”).

[14] Fundamental error is an “extremely narrow” exception to the general rule that a party's failure to object at trial results in a waiver of the issue on appeal. Durden v. State, 99 N.E.3d 645, 652 (Ind. 2018). “An error is fundamental, and thus reviewable on appeal, if it made a fair trial impossible or constituted a clearly blatant violation of basic and elementary principles of due process presenting an undeniable and substantial potential for harm.” Id. (quotation omitted). This exception “encompasses only errors so blatant that the trial judge should have acted independently to correct the situation.” Id. When it comes to errors in the admission of evidence, “[a]n erroneous evidentiary ruling does not constitute fundamental error when the jury could overlook the improper evidence and reach the same conclusion based solely upon properly admitted evidence.” Neal v. State, 175 N.E.3d 1193, 1197 (Ind. Ct. App. 2021), trans. denied.

[15] Sanders contends that Sergeant Deshaies's testimony was barred by Indiana Evidence Rule 404(b)(1), which provides that “[e]vidence of a crime, wrong, or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in accordance with the character.” But we need not reach this issue because there is overwhelming evidence of Sanders's guilt. See Halliburton, 1 N.E.3d at 683 n.7 (“Where evidence of guilt is overwhelming any error in the admission of evidence is not fundamental.”).

[16] The day before the shooting, BMG members posted a music video about BSG, which included a “direct insult” toward Sanders. Ayvion “Boogie” Parker was one of the BMG members in the video. That night, Sanders had Jerome ask T.J. where BMG members were hanging out because “[h]e wanted to meet up with them.” Jerome told Sanders that BMG members were at Villa Capri but that T.J. “ain't say sh** about ABoogie.” Cell-phone-location data revealed that Sanders's cell phone was near Villa Capri at 1:00 a.m. before being turned off from 1:37 to 2:07 a.m. And surveillance footage from a storage facility near Villa Capri showed Chacon's black Chevy Cruze, which Sanders, Recht, and Martin had borrowed around midnight, driving through the facility at 1:46 a.m., just before the shootout. Alihah testified that he saw Sanders, Recht, Martin, and Parks shooting at him and Ayvion, and he later identified them as the shooters to police. He also testified that he saw them get into a “dark” car and leave, and a Villa Capri resident reported seeing a “black vehicle” leave after the shooting. Following the shootout, Sanders texted another BSG member, “NHG [(N***a he gone)] ․ the medics heading that way.” As Chacon and Jerome were growing concerned that Sanders and the others hadn't returned with Chacon's car, Sanders texted Jerome, “I'm going to drop the guns off and then I'll be there.” Sanders and Recht then returned the car with bullet holes in it. When the girls asked them about the bullet holes, Recht said they “got into a shootout but it wasn't in Villa Capri,” even though there were no other shootouts in the area between 1:00 and 2:00 a.m. that morning. The day after the shooting, Sanders told Jerome to delete the text messages between them. And a few days before trial, Sanders tried to dissuade Alihah from testifying by calling from jail and telling him to “leave that sh** in the streets.”

[17] Given this overwhelming evidence of Sanders's guilt, we are confident that the jury would have reached the same conclusion based solely upon the other evidence admitted. The trial court therefore did not commit fundamental error in allowing Sergeant Deshaies's testimony about the gang rivalry.

II. Sanders has not shown that his sentence is inappropriate

[18] Sanders argues that if we affirm his convictions, we should reduce his sentence under Indiana Appellate Rule 7(B), which provides that an appellate court “may revise a sentence authorized by statute if, after due consideration of the trial court's decision, the court finds that the sentence is inappropriate in light of the nature of the offense and the character of the offender.” The court's role under Rule 7(B) is to “leaven the outliers,” and “we reserve our 7(B) authority for exceptional cases.” Faith v. State, 131 N.E.3d 158, 160 (Ind. 2019). “Whether a sentence is inappropriate ultimately turns on the culpability of the defendant, the severity of the crime, the damage done to others, and a myriad of other factors that come to light in a given case.” Thompson v. State, 5 N.E.3d 383, 391 (Ind. Ct. App. 2014) (citing Cardwell v. State, 895 N.E.2d 1219, 1224 (Ind. 2008)). Because we generally defer to the judgment of trial courts in sentencing matters, defendants must persuade us that their sentences are inappropriate. Schaaf v. State, 54 N.E.3d 1041, 1044-45 (Ind. Ct. App. 2016).

[19] Here, Sanders was convicted of murder, Level 1 felony attempted murder, Level 5 felony battery with a deadly weapon, Level 5 felony criminal gang activity, and a firearm enhancement. The sentencing range for murder is 45 to 65 years, with an advisory sentence of 55 years. I.C. § 35-50-2-3(a). The sentencing range for a Level 1 felony is 20 to 40 years, with an advisory sentence of 30 years. I.C. § 35-50-2-4(b). The sentencing range for a Level 5 felony is 1 to 6 years, with an advisory sentence of 3 years. I.C. § 35-50-2-6(b). And the sentencing range for a firearm enhancement is 5 to 20 years. I.C. § 35-50-2-11(g). Therefore, Sanders faced a total sentence of up to 131 years. Here, the trial court sentenced Sanders to a total of 115 years—consecutive terms of 60 years for murder, 35 years for attempted murder, and 20 years for the firearm enhancement, plus a concurrent term of 3 years for Level 5 felony criminal gang activity. This is 16 years less than the maximum Sanders faced.

[20] Sanders acknowledges that the nature of his offenses is “significant and egregious” but argues that his character warrants a reduction in his sentence. Appellant's Br. p. 17. We cannot agree. Rather than pointing to any redeeming character aspects, Sanders repeatedly references his “juvenile age” and cites to both United States and Indiana Supreme Court cases discussing sentencing juveniles. Appellant's Br. pp. 2, 6, 22. But Sanders was 18 when he committed these offenses. While he was young, he was not a juvenile. And he has a significant history from when he was a juvenile, including delinquency adjudications for what would be Level 5 felony escape, Level 6 felony intimidation, and Level 6 felony escape if committed by an adult. The second escape adjudication resulted in Sanders being placed in the Department of Correction, and he committed these offenses less than six months after his release. Despite the rehabilitative efforts and services offered to Sanders while he was a juvenile—counseling, casework, SOCAP (“Status Court-Alternative Program”), home detention, and probation—Sanders's criminal behavior has only escalated. Appellant's App. Vol. 2 p. 177. And Sanders's outbursts during trial and comments to the prosecutor at sentencing confirm his character.

[21] Sanders has not shown that his sentence is an outlier in need of revision.

[22] Affirmed.

FOOTNOTES

1.   Recht was tried separately and found guilty as charged, and the trial court sentenced him to an aggregate term of 110 years. See Cause No. 02D06-2401-MR-4. Recht recently filed an appeal. See Case No. 26A-CR-1363. Parks pled guilty to murder and Level 1 felony attempted murder, the State dismissed the remaining charges, and the trial court sentenced him to concurrent terms of 45 years for murder and 20 years for attempted murder. See Cause No. 02D05-2405-MR-19. Martin's jury trial is set for August 2026. See Cause No. 02D05-2405-MR-20.

Vaidik, Judge.

Altice, J., and Foley, J., concur.