Dontez Demitri Bryant v. State of Indiana (mem. dec.), 82A01-1701-CR-41

On April 16, 2016, Dontez Bryant went to a residence in Evansville, sat on the front porch with Antonio Bushrod Jr. and others, conversed for about half an hour, then stood as if to leave, drew a handgun, approached Bushrod, and shot him in the chest at near point‑blank range.
Surveillance video from two angles captured Bryant standing, drawing a gun, aiming at Bushrod’s chest, firing, then fleeing to his car and leaving the jurisdiction; Bryant was later arrested in Milwaukee.
Bushrod survived but retained the bullet; a treating surgeon testified removal was too dangerous.
The State charged Bryant with Level 1 felony attempted murder and Level 5 felony firearm possession without a license; a jury convicted him of attempted murder and the possession charge was dismissed.
The trial court sentenced Bryant to 35 years’ imprisonment (5 years above the 30‑year advisory for a Level 1 felony).
On appeal, Bryant argued (1) insufficient evidence of specific intent to kill and (2) that his sentence was inappropriate under Indiana Appellate Rule 7(B).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence sufficed to prove specific intent to kill for attempted murder	State: video shows Bryant aimed and shot at Bushrod’s chest at point‑blank range, supporting inference of intent to kill	Bryant: surrounding conversation did not turn aggressive; argues intent to kill not proven	Court held evidence sufficient; jury could infer intent from nature of attack, use of deadly weapon, close distance
Whether 35‑year sentence is inappropriate under Rule 7(B)	State: offense was premeditated, cold‑blooded; victim seriously injured; defendant fled and has extensive criminal history	Bryant: sentence is excessive	Court held sentence not inappropriate given offense nature and defendant’s character

Drane v. State, 867 N.E.2d 144 (Ind. 2007) (standard for reviewing sufficiency of evidence)
Blanche v. State, 690 N.E.2d 709 (Ind. 1998) (elements of attempted murder)
Rosales v. State, 23 N.E.3d 8 (Ind. 2015) (heightened proof of specific intent in attempted murder cases)
Hopkins v. State, 759 N.E.2d 633 (Ind. 2001) (discussing specific intent requirement)
Kiefer v. State, 761 N.E.2d 802 (Ind. 2002) (intent to kill may be inferred from nature of the attack and use of a deadly weapon)
Corbin v. State, 840 N.E.2d 424 (Ind. Ct. App. 2006) (discharging a weapon in the victim’s direction supports inference of intent to kill)
Leon v. State, 525 N.E.2d 331 (Ind. 1988) (same)
Richeson v. State, 704 N.E.2d 1008 (Ind. 1998) (distance between shooter and victim is relevant to intent inference)
Shouse v. State, 849 N.E.2d 650 (Ind. Ct. App. 2006) (standard for appellate revision of sentence under Rule 7(B))