Tationa M. Sims, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff (2026)

MEMORANDUM DECISION

Case Summary

[1] Following a bench trial, Tationa M. Sims was convicted of Level 5 felony involuntary manslaughter for stabbing and killing Forrest Hill Jr. Sims appeals and asserts that the State failed to prove that she did not act in self-defense and that her six-year executed sentence is inappropriate.

[2] We affirm.

Facts & Procedural History

[3] In early September 2024, sixty-five-year-old Hill moved into an apartment in downtown Indianapolis. Shortly thereafter, Hill met thirty-year-old Sims, and she spent the night at Hill's apartment for “about like two weeks.” Exhibit Vol. II at 30.

[4] Apartment building surveillance footage from September 23, 2024, shows Sims and Hill arriving together around 10:30 p.m. and getting on the elevator, which they took to Hill's apartment on the fourteenth floor. At some point while in Hill's apartment, Sims stabbed Hill multiple times, killing him. Surveillance footage from around 1:25 a.m. on September 24 shows Sims exiting the elevator into the lobby, alone and in socks but no shoes, and carrying a knife. Sim speaks to two men before leaving the building.

[5] On September 25, 2024, Hill's nephew approached the security guard at Hill's apartment building and reported that he had been unable to reach Hill and was concerned. The security guard and the building's assistant manager then went to Hill's apartment to check on him. Hill's apartment door was locked. After no one answered their knocks, the manager used her passkey to open the door, where they observed Hill unresponsive and leaning back on a sofa with blood on and around him. Hill was holding cash in each hand. Police and medical personnel arrived, and Hill was pronounced dead at the scene. Police observed dripped blood and bloody footprints around the apartment on the tile floor. No weapon was found.

[6] An autopsy showed that Hill had suffered thirteen sharp force injuries, comprised of cuts, stabs, and puncture wounds, with the fatal injury being a stab into the chest approximately thirteen centimeters in depth that penetrated the left ventricle of the heart, causing significant blood loss. Other injuries included a stab wound to the back of his left hand and a small injury to his right wrist. Transcript at 55. The cause of death was multiple sharp force injuries, and the manner of death was homicide.

[7] Investigators identified Sims as a suspect, and a patrol officer located her on November 6, 2024. Sims initially gave the officer a false name before providing her correct identity. Among other things, officers recovered a pocketknife in her backpack.

[8] Detective David Miller took a video-recorded interview of Sims that date. Sims acknowledged that she was in Hill's apartment on the night in question. She described that they “got into it” when she refused Hill's sexual advances. Exhibit Vol. II at 31. She said that Hill “got kind of physical” with her, punching and kicking her in the head, and that he “damn-near took [her] eye out.” Id. at 32, 46. Sims explained that she “had to use [her] knife” and “stabbed him a couple of times.” Id. at 32. Sims said that Hill told her to get out, and she left the apartment with a bleeding eye.¹ Sims told Detective Miller that she threw away the knife at a nearby gas station. When the detective told Sims that Hill was deceased, she expressed surprise. Sims explained that she did not call 911 that night because Hill was “still up and moving” when she left the apartment such that she “thought he was going to call the police.” Id. at 35, 38. Sims noted that, before leaving the building, she spoke to a friend of Hill's in the lobby and asked him to check on Hill. Id. at 35, 38.

[9] Subsequent forensic examination of Sims's cell phone revealed messages from Sims to an unknown number on November 5. In the messages, Sims indicated that she had been with Hill and knew that he had died.

[10] On November 13, 2024, the State charged Sims with Level 5 felony involuntary manslaughter. On January 7, 2025, the State amended the information to add a charge of murder. About a month later, Sims filed a notice of intent to claim self-defense.

[11] A two-day bench trial was held in January 2026. The State called ten witnesses, including Detective Miller. His interview with Sims was admitted into evidence and played for the jury, as was a portion of the lobby surveillance video. Also admitted by stipulation were still photographs taken from that video. Sims is seen exiting the elevator, briefly speaking to two separate men, and pausing at the counter of the front desk, where she sets down the knife and picks it back up, at one point pointing it at an individual. Detective Miller testified that Sims's demeanor and conduct in the video did not indicate that she was suffering from an eye or head injury and that no droplets of blood are seen on the floor or desk around where Sims moved and stood. Detective Miller opined that Sims's version of events as relayed in her statement was not consistent with other evidence.

[12] In addressing the threshold issue of Sims's claim of self-defense, the trial court initially addressed certain credibility determinations it had made. The court stated that aspects of Sims's statement to police were contradicted by other evidence presented and found that Sims “[c]learly [ ] was feigning disbelief” when told that Hill had died. Transcript at 152. The court next addressed aspects of physical evidence, observing that there were “thirteen different wounds,” one fatal with the rest “largely superficial.” Id. at 153. The pattern of blood distributed throughout the apartment but absent from the hallway led the trial court to believe that, after Hill was stabbed, he was still able to move about the apartment and was “trying to get [Sims] out.” Id. The court concluded that the State had “shown beyond a reasonable doubt that the defendant did not act in self-defense.” Id. The court then found Sims not guilty of murder and guilty of Level 5 involuntary manslaughter.

[13] At the February 2026 sentencing hearing, the trial court found as aggravators: Sims's criminal history, her disciplinary record while incarcerated, and her prior violations of probation. In mitigation, the court found that Sims waived her right to a jury trial, had mental health issues, and had been a victim of violence. Finding that the aggravating factors outweighed the mitigating factors, the court sentenced Sims to six years executed in the Indiana Department of Correction.

[14] Sims now appeals. Additional facts will be provided below as needed.

Discussion & Decision

1. The State Negated Sims's Self-Defense Claim

[15] Sims asserts that the State failed to prove that she did not act in self-defense when she stabbed Hill. Self-defense is a legal justification for an otherwise criminal act. Ind. Code § 35-41-3-2; Larkin v. State, 173 N.E.3d 662, 670 (Ind. 2021). A person is justified in using deadly force, and has no duty to retreat, if she reasonably believes such force is necessary to prevent serious bodily injury to herself or the commission of a forcible felony. I.C. § 35-41-3-2(c). To prevail on a claim of self-defense involving deadly force, the defendant must show that: (1) she was in a place where she had a right to be; (2) she did not provoke, instigate, or participate willingly in the violence, that is, “acted without fault”; and (3) she had a reasonable fear of death or great bodily harm. Larkin, 173 N.E.3d at 670; Stewart v. State, 167 N.E.3d 367, 376 (Ind. Ct. App. 2021), trans. denied.

[16] Once a defendant invokes self-defense, the State has the burden of negating at least one of the three elements. Stewart, 167 N.E.3d at 376. The State may meet this burden by rebutting the defense directly, by affirmatively showing the defendant did not act in self-defense, or by simply relying upon the sufficiency of its evidence in chief. Id.

[17] The standard of review for a challenge to the sufficiency of the evidence to rebut a claim of self-defense is the same as the standard for any sufficiency of the evidence claim. Id. We neither reweigh the evidence nor judge the credibility of witnesses. Quinn v. State, 126 N.E.3d 924, 927 (Ind. Ct. App. 2019). If a defendant is convicted despite his claim of self-defense, an appellate court will reverse “only if no reasonable person could say that self-defense was negated by the State beyond a reasonable doubt.” Fuller v. State, 261 N.E.3d 821, 826 (Ind. Ct. App. 2025), trans. denied.

[18] Sims inflicted thirteen sharp force injuries on Hill consisting of cuts, stabs, and puncture wounds to his hand, wrist, arm, forehead, and chest, with the fatal wound penetrating approximately thirteen centimeters (over five inches) into his chest. Some of Hill's injuries suggested he was acting defensively. Given the number, distribution, and severity of Hill's wounds, a reasonable person could conclude that Sims provoked, instigated, or willingly participated in the violence.

[19] Not only does the evidence support a finding that Sims was not without fault, the record indicates that she knew she was at fault and tried to conceal it. Sims left the scene, took the knife with her, disposed of it in the garbage, and did not call 911. When confronted by officers a little over a month after killing Hill, Sims did not initially reveal her identity. Although text messages on Sims's phone revealed that she knew Hill was dead, she never reported this to police. And she purported to be surprised when Detective Miller mentioned it during the interview. This evidence of Sims's post-incident conduct supported the trial court's rejection her self-defense claim.

[20] Finally, security footage showed Sims exiting the elevator and moving about the lobby, without any visible injury or droplets of blood around or trailing behind her. She stopped at the desk counter and paused to talk to individuals, appearing to point the knife at one. The trial court reasonably could have considered this evidence as inconsistent with Sims's claim that Hill had just almost taken out her eye by kicking and punching her such that she had to stab him repeatedly.

[21] This is not a case in which no reasonable factfinder could find the self-defense claim negated. See Larkin, 173 N.E.3d at 670 (“In short, the record did not contain “no evidence whatsoever” ․ to contradict [the defendant's] self-defense claim.”). Accordingly, we affirm Sims's conviction.

2. Sims's Sentence Was Not Inappropriate

[22] Although a trial court may have acted within its discretion in imposing a sentence, the Indiana Constitution authorizes independent appellate review and revision of sentences through Ind. Appellate Rule 7(B). King v. State, 894 N.E.2d 265, 267 (Ind. Ct. App. 2008). This rule provides that “[t]he 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.” App. R. 7(B).

[23] Our review of a sentence under App. R. 7(B) is not an avenue for second guessing the trial court's sentence. Wilson v. State, 221 N.E.3d 667, 679 (Ind. Ct. App. 2023). We do not determine whether another sentence is more appropriate but rather whether the sentence imposed is inappropriate. Conley v. State, 972 N.E.2d 864, 876 (Ind. 2012). Deference to the trial court “prevail[s] unless overcome by compelling evidence portraying in a positive light the nature of the offense (such as accompanied by restraint, regard, and lack of brutality) and the defendant's character (such as substantial virtuous traits or persistent examples of good character).” Stephenson v. State, 29 N.E.3d 111, 122 (Ind. 2015). The defendant bears the burden of proving that her sentence is inappropriate. Conley, 972 N.E.2d at 876.

[24] When determining whether a sentence is inappropriate, the advisory sentence is the starting point the legislature has selected as an appropriate sentence for the crime committed. Wilson, 221 N.E.3d at 679. The sentencing range for a Level 5 felony is one to six years with an advisory sentence of three years. See Ind. Code § 35-50-2-6(b). Sims was sentenced to six years executed. Sims asserts that the trial court erred by imposing the maximum sentence and asks us to reduce it to the advisory.

[25] In asserting that the nature of the offense does not support her sentence, Sims maintains that the offense was “not horrific,” arguing that the record included evidence – namely, her statement to police – that Hill “provoked the crime” and that the offense was not “excessively brutal” as many of the wounds were considered by the pathologist as not significant. Appellant's Brief at 11, 15. She also urges that she showed regard for the victim because, on her way out of the building, she spoke to Hill's friend in the lobby and asked him to check on Hill. We are unpersuaded by these arguments.

[26] Sims inflicted thirteen sharp force injuries upon Hill, a sixty-five-year-old man. Some of his injuries were consistent with efforts to defend himself. The fatal wound was a deep, over-five-inch stab to Hill's chest that penetrated his heart. After the stabbing, Sims did not summon medical help; she left the building and disposed of the knife. Stated otherwise, the offense was a fatal, multi-wound stabbing followed by flight and concealment. These circumstances do not present the “compelling evidence” of restraint, regard, and lack of brutality required to overcome our deference to the trial court. Nicholson v. State, 221 N.E.3d 680, 684 (Ind. Ct. App. 2023), trans. denied.

[27] Our analysis of the character of the offender involves a broad consideration of a defendant's qualities, including the defendant's age, criminal history, background, past rehabilitative efforts, and remorse. Wilson, 221 N.E.3d at 680. We have recognized that even a minor criminal history is a poor reflection of a defendant's character. Prince v. State, 148 N.E.3d 1171, 1174 (Ind. Ct. App. 2020).

[28] As a juvenile, Sims had over ten referrals and accumulated three true findings for criminal mischief and one for resisting law enforcement. She has six adult misdemeanor convictions for theft, battery, criminal trespass, and intimidation. Her probation or community-corrections placement was revoked on multiple occasions. She was in warrant status and on pretrial release in a pending battery case when she committed this offense, and she accumulated thirteen disciplinary write-ups, including several for assault, while awaiting disposition of this matter. To the extent that Sims highlights as reflective of good character that she “confessed” to stabbing Hill when law enforcement questioned her, she also initially gave police a false name and pretended not to already know that Hill was dead. Appellant's Brief at 10. Sims has not presented compelling evidence to cast her character in a positive light.

[29] Sims has not demonstrated that her six-year sentence is inappropriate in light of the nature of the offense and her character, and we decline to modify her six-year executed sentence.

[30] Judgment affirmed.

FOOTNOTES

1.   At the time of the interview, police photographed Sims to document what Detective Miller considered “a small scratch” to her eye. Transcript at 116.

Altice, Judge.

Vaidik, J. and Foley, J., concur.