MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), this Jul 28 2015, 8:58 am
Memorandum Decision shall not be regarded as
precedent or cited before any court except for the
purpose of establishing the defense of res judicata,
collateral estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Marce Gonzalez, Jr. Gregory F. Zoeller
Dyer, Indiana Attorney General of Indiana
Tyler G. Banks
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Aqueeli Hakeem Walton, July 28, 2015
Appellant-Defendant, Court of Appeals Case No.
45A05-1412-CR-600
v. Appeal from the Lake County
Superior Court;
The Honorable Salvador Vasquez,
State of Indiana, Judge;
Appellee-Plaintiff. 45G01-1307-MR-8
May, Judge.
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[1] Aqueeli Hakeem Walton appeals his conviction of murder. 1 Walton asserts the
State did not disprove his claim of self-defense beyond a reasonable doubt. As
there was sufficient evidence to disprove Walton’s claim, we affirm.
Facts and Procedural History
[2] In 2013, Walton and Cameron Sanders were friends who lived in the same
neighborhood in Hammond, Indiana. Sanders was in a relationship with
Walton’s sister Aaliyah. Aaliyah lived with Sanders and his family. Walton
lived with his girlfriend, her child, and several other members of her family.
[3] On July 21, 2013, Aaliyah and Sanders argued. Sanders fired a gun into the air.
Aaliyah retreated from the argument with a bump on her head. Later that day,
Sanders came to Walton’s house carrying a gas can. Walton followed Sanders
into the house. Witnesses heard multiple shots fired from the house. Walton
then fled. Sanders’ mother entered Walton’s house and found Sanders bleeding
on the floor. Sanders died, and an autopsy revealed he had nine gunshot
wounds.
[4] The State charged Walton with murder. Walton claimed he had shot Sanders
in self-defense. The jury rejected Walton’s claim of self-defense and found him
guilty.
1
Ind. Code § 35-42-1-1 (2007).
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Discussion and Decision
[5] The State disproved Walton’s claim of self-defense beyond a reasonable doubt.
Our review of whether the State presented sufficient evidence to rebut a claim
of self-defense is the same as that of any sufficiency of evidence claim. Miller v.
State, 720 N.E.2d 696, 699 (Ind. 1999). We will not “reweigh the evidence or
assess the credibility of witnesses but look solely to the evidence most favorable
to the judgment with all reasonable inferences to be drawn therefrom.” Id.
“We will affirm a conviction where such evidence and reasonable inferences
constitute substantial evidence of probative value sufficient to support the
judgment.” Id.
“[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[.]” Ind. Code § 35-41-3-2(c) (2013). To
prevail on a claim of self-defense, Walton had to show he: (1) was where he had
a right to be; (2) did not provoke, instigate, or participate willingly in the
violence; and (3) had a reasonable fear of death or great bodily harm. See Brand
v. State, 766 N.E.2d 772, 777 (Ind. Ct. App. 2002) (requirements of a self-
defense claim), trans. denied. The State has the burden of rebutting a claim of
self-defense, and to do so, it must negate at least one of the three elements of a
self-defense claim. Id.
[6] Walton argues Sanders threatened him and “went for his gun.” (Tr. at 864.)
However, the State presented evidence Sanders did not have a gun when he
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entered Walton’s house, and we may not reweigh the evidence. See Drane v.
State, 867 N.E.2d 144, 146 (Ind. 2007) (appellate court cannot reweigh evidence
or judge witness credibility).
[7] The jury could also reasonably infer Walton did not act in self-defense because
he shot Sanders nine times. “Firing multiple shots undercuts a claim of self-
defense.” Hood v. State, 877 N.E.2d 492, 497 (Ind. Ct. App. 2007), trans. denied.
[8] The evidence that Sanders was unarmed and Walton shot him nine times was
sufficient to negate Walton’s claim of self-defense. Accordingly, we affirm.
[9] Affirmed.
Robb, J., and Mathias, J., concur.
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