Court of Appeals of Indiana | Memorandum Decision 18A-CR-2745 | July 17, 2019 Page 1 of 5

MEMORANDUM DECISION

Pursuant to Ind. Appellate Rule 65(D), 

this 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

Thomas P. Keller

South Bend, Indiana

ATTORNEYS FOR APPELLEE

Curtis T. Hill, Jr.

Attorney General of Indiana

Sierra A. Murray

Deputy Attorney General

Indianapolis, Indiana

I N T H E

COURT OF APPEALS OF INDIANA

Henry McNeal Turner IV,

Appellant-Defendant,

v.

State of Indiana,

Appellee-Plaintiff.

July 17, 2019

Court of Appeals Case No.

18A-CR-2745

Appeal from the St. Joseph 

Superior Court

The Honorable Jane Woodward 

Miller, Judge

Trial Court Cause No.

71D01-1805-F1-8

Pyle, Judge.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-2745 | July 17, 2019 Page 2 of 5

Statement of the Case

[1] Henry Turner IV (“Turner”) appeals his conviction following a jury trial of six 

counts of Level 1 felony attempted murder.

1

 He argues that there is insufficient 

evidence to support his convictions. Concluding that the evidence is sufficient, 

we affirm Turner’s convictions.

[2] We affirm.

Issue

Whether there is sufficient evidence to support Turner’s 

convictions for attempted murder.

Facts

[3] The facts most favorable to the verdict reveal that in March 2018, Turner told 

others who associated with a gang on the west side of South Bend that he was 

upset about a disrespectful social media post concerning a deceased friend. 

Turner explained that rival gang members on the southeast side of South Bend 

had made the post. Turner stated that he wanted to go to the southeast side to 

“shoot” and that he “wanted to kill.” (Tr. Vol. 2 at 7, 9). Turner further told 

his associates that there was a party on the southeast side of town. He thought 

that the front door to the party would be unlocked and that he and his 

 

1

IND. CODE §§ 35-41-5-1 and 35-42-1-1.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-2745 | July 17, 2019 Page 3 of 5

associates could walk in and shoot the guests. Several of his associates agreed 

to accompany him.

[4] After arriving at the party, which included fifty to seventy guests crowded into 

one house, Turner and two associates approached the front door and opened it. 

Turner then walked into the house and began shooting. Turner emptied the 

entire magazine in his gun. When the shooting ended, “people [were] 

screaming and hollering and there was blood everywhere.” (Tr. Vol. 1 at 73). 

Six party guests were treated for gunshot wounds. Five of those victims had 

multiple gunshot wounds. One of the victims with multiple gunshots nearly 

died and has permanent physical and emotional scars.

[5] The State subsequently charged Turner with six counts of attempted murder, 

six counts of Level 5 felony battery with a deadly weapon, and one count of 

Level 5 felony criminal recklessness. The State also charged Turner with a 

criminal gang enhancement. The jury convicted him of all counts.

[6] The trial court entered judgment on the six attempted murder convictions. 

During the sentencing hearing, the trial court addressed the nature of the

offense as follows: “This was truly the real life equivalent of shooting fish in a 

barrel. The fact that no one died is not a reflection of [Turner’s] intent, it 

merely demonstrates that he lacked the marksmanship skills to effectuate his 

intent.” (Tr. Vol. 3 at 47). 

[7] Thereafter, the trial court sentenced Turner to thirty-five (35) years for the 

conviction involving the most seriously injured victim. The trial court further 
Court of Appeals of Indiana | Memorandum Decision 18A-CR-2745 | July 17, 2019 Page 4 of 5

sentenced Turner to thirty (30) years for each of the five other attempted murder 

convictions. It ordered the five thirty-year sentences to run concurrently with 

each other and consecutively with the thirty-five-year sentence. The trial court 

further enhanced this sixty-five (65) year sentence by thirty-five (35) years for 

the criminal gang enhancement, for a total executed sentence of one hundred

(100) years. Turner now appeals his attempted murder convictions. 

Decision

[8] Turner argues that there is insufficient evidence to support his six convictions

for attempted murder. Our standard of review for sufficiency of the evidence 

claims is well settled. We consider only the probative evidence and reasonable 

inferences supporting the verdict. Drane v. State, 867 N.E.2d 144, 146 (Ind. 

2007). We do not reweigh the evidence or judge witness credibility. Id. We 

will affirm the conviction unless no reasonable fact finder could find the 

elements of the crime proven beyond a reasonable doubt. Id. The evidence is 

sufficient if an inference may be reasonably drawn from it to support the 

verdict. Id. at 147. 

[9] In order to convict Turner of Level 1 felony attempted murder, the State had to 

prove beyond a reasonable doubt that Turner engaged in conduct that 

constituted a substantial step toward intentionally killing the six victims. See

I.C. § 35-41-5-1 and § 35-42-1-1. Turner’s sole argument is that there is 

insufficient evidence that he intended to kill victims.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-2745 | July 17, 2019 Page 5 of 5

[10] A conviction for attempted murder requires proof of a specific intent to kill. 

Henley v. State, 881 N.E.2d 639, 652 (Ind. 2008). Intent is a mental state, and 

intent to kill may be inferred from the circumstances surrounding the offense. 

Perez v. State, 872 N.E.2d 208, 213 (Ind. Ct. App. 2007), trans. denied. The trier 

of fact may also infer intent to kill from the use of a deadly weapon in a manner 

likely to cause death. Henley, 881 N.E.2d at 652. Firing a gun in the direction 

of an individual is substantial evidence from which a jury may infer intent to 

kill. Id.

[11] Here, our review of the evidence reveals that Turner was so upset by a 

disrespectful social media post that he wanted to “shoot” and “kill.” (Tr. Vol. 2 

at 7, 9). He then went to a very crowded party on the southeast side of South 

Bend, walked through the front door, and emptied the magazine in his gun into 

the crowd of party guests. This is sufficient evidence that Turner intended to 

kill the victims and to support Turner’s six Level 1 felony attempted murder 

convictions. See Gamble v. State, 831 N.E.2d 178, 186 (Ind. Ct. App. 2005), 

trans. denied, (explaining testimony that Gamble wanted to kill accompanied by 

testimony that he retrieved a gun and shot the victim showed Gamble’s intent 

to kill the victim). 

[12] Affirmed.

Riley, J., and Bailey, J., concur.