[SUPREME] Tervarus L. Gary v. State of Indiana, No. 25S-CR-00265

Police found Tervarus Gary intoxicated and carried his limp body into jail. Gary subsequently informed jail staff he possessed a knife, pepper spray, and a lighter. Officers instructed Gary to place the pepper spray on a bench, which he failed to do. The State charged Gary with Level 5 felony possession of material capable of causing bodily injury by an inmate. The Elkhart Superior Court entered judgment on the jury's guilty verdict, but the Court of Appeals reversed. Gary v. State, 264 N.E.3d 690 (Ind. Ct. App. 2025), vacated. The Indiana Supreme Court has granted the State's transfer petition and assumed jurisdiction over the appeal.