A 23-year-old Indianapolis man is facing up to 16 years in prison after police say he clubbed another man in the head with a baseball bat during a dispute over a pair of earbuds, leaving the victim with fractured facial bones. Davon Scott was arrested yesterday, nearly a month after the alleged attack outside his downtown apartment.
According to court documents cited by Fox 59, the Indianapolis Metropolitan Police Department responded to an apartment in downtown Indianapolis on July 30 for a reported battery. Police say the victim had gone to Scott's apartment that day to retrieve a pair of earbuds when Scott struck him twice in the head with a baseball bat. The victim was hospitalized following the attack and suffered fractures to his facial bones, per the outlet's report.
Court documents also allege that Scott threw a bottle of ammonia at the victim, according to the same report. The victim later told Scott that an apology and food would not fix his eye socket, the outlet reported, a comment that underscores the gap between the injuries described in charging documents and Scott's attempts to smooth things over afterward.
Socks on a Bat, But Still a Deadly Weapon
Scott reportedly explained to investigators that he had put several socks on the bat before the attack, telling police he thought the padded weapon would hurt no more than a pool noodle, the station's report states. That rationale carries no legal weight in Indiana, where state law defines a deadly weapon broadly enough to include everyday objects like a baseball bat that are readily capable of causing serious bodily harm in the manner they are used, according to Lawyers Ready to Fight. Courts evaluate the objective capability of an object to cause harm rather than a defendant's subjective belief about how much it would hurt.
A warrant for Scott's arrest was issued on August 21, and he was taken into custody Wednesday. He now faces one count of aggravated battery as a Level 3 felony, one count of battery with a deadly weapon as a Level 5 felony, and a misdemeanor battery count, per the same account.
What Scott Faces if Convicted
The aggravated battery charge alone carries a fixed sentence of three to 16 years in prison, with an advisory term of nine years and fines up to $10,000, under Indiana Code § 35-42-2-1.5, according to FindLaw. That charge requires prosecutors to prove Scott knowingly or intentionally inflicted an injury creating a substantial risk of death or serious permanent impairment — a threshold the victim's facial fractures directly support, per Lawyers Ready to Fight.
The secondary Level 5 felony count, battery with a deadly weapon under Indiana Code § 35-42-2-1(g), carries one to six years in prison with an advisory sentence of three years, and applies regardless of whether serious physical injury actually occurred. Indiana overhauled its felony classification system in July 2014, replacing the old Class A through D structure with the current Level 1 through Level 6 tiers to better calibrate sentences to the severity of the crime, according to Eskew Law. If Scott is convicted of either felony, he would also permanently lose his firearm ownership rights under federal law and Indiana Code § 35-47-4-8, per Avnet Law.
Instagram Apology, Chipotle Offer Won't Sway Charges
Police said Scott messaged the victim multiple times on Instagram following the attack, apologizing and offering to buy him Chipotle. But under Indiana law, charges are brought and prosecuted exclusively by the state, meaning Marion County prosecutors retain full authority to pursue the case regardless of any apology or informal restitution offer, according to Arnold Terrill Ridenour, P.C. Victims cannot unilaterally drop felony charges filed by the state, the firm notes.
The case echoes a recent Indianapolis prosecution in which a woman was charged with two counts of Level 5 felony battery with a deadly weapon after allegedly attacking someone with a brick in a parking lot, a case Hoodline previously reported. It also follows a July sentencing in which an Indiana circuit court judge handed down the maximum six-year term for Level 5 felony battery with a deadly weapon in a separate case involving an aluminum baseball bat, with prosecutors in that case emphasizing the weapon's potential for severe injury.
Case Comes Amid Falling Violent Crime Citywide
Scott's arrest comes as the Indianapolis Metropolitan Police Department reported historic declines in citywide violent crime, including homicides and aggravated assaults, during the first half of 2026, according to Axios. City officials and police attributed the drop to targeted policing and community anti-violence funding, per the outlet.
Scott, who police say is also known by an emoji rather than a name in some records, remains charged with aggravated battery, battery with a deadly weapon, and misdemeanor battery stemming from the July 30 incident. The case remains in the hands of Marion County prosecutors as it moves through the court system.
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