A Hammond man who unloaded 12 rounds from a handgun inside an East Chicago gas station convenience store, killing a bystander who had only stopped in to buy sodas for a family pizza dinner, remains subject to his 82-year prison sentence after Indiana's appellate court upheld his convictions this week.
The Indiana Court of Appeals ruled Friday that prosecutors presented sufficient evidence to defeat Maurice Berry Jr.'s self-defense claim and to sustain his conviction for illegal machine gun possession, according to The Times. The memorandum decision, issued under Case No. 25A-CR-2183 by Judge Pyle and joined by Judges May and Scheele, found Berry received a fair trial, as detailed by Justia Law.
The shooting happened March 30, 2024, at approximately 7:45 p.m. inside the BP gas station at 4502 Indianapolis Boulevard in East Chicago, per the same court record. Store surveillance cameras captured Berry entering the building before he pulled a gun from his pocket and opened fire, discharging a rapid 12-shot volley in just two seconds.
An Innocent Man Caught Buying Sodas
The bystander killed in the gunfire was identified as 49-year-old Javier Olvera-Aguilar of East Chicago, who was inside the store paying for two bottles of soda for a family pizza dinner when the shots rang out, the appellate record shows. Olvera-Aguilar's 20-year-old son was waiting outside in their vehicle at the time of the shooting.
Trial testimony showed Berry had actually been aiming at his ex-girlfriend's current boyfriend when he opened fire, while Garrett began reaching into a jacket pocket. The four-day jury trial took place in May 2025.
Convictions and Sentence
A Lake County jury found Berry guilty of Level 2 felony voluntary manslaughter, Level 1 felony attempted murder, and Level 5 felony possession of a machine gun. The appellate opinion lists a misdemeanor theft charge. The voluntary manslaughter charge stemmed from an amended count.
On July 30, 2025, a Lake County Superior Court judge sentenced Berry to a total of 82 years in Indiana state prison.
The Legal Weight of a Glock Switch
The machine gun charge centered on a Glock recovered by investigators. The Glock was a standard model with no modifications, while a firearms examiner testified that a Glock switch could make a Glock fully automatic. The Times characterized the presence of a switch as likely.
The defense argued self-defense based on Berry's belief that his rival was reaching for a weapon, but both the Lake County jury and the Indiana Court of Appeals rejected that claim, finding the state met its burden to disprove self-defense and prove machine-gun possession. The case includes a self-defense claim, a voluntary manslaughter conviction, and a machine-gun possession conviction. Although the appeals court affirmed the convictions Friday, Berry may still petition the Indiana Supreme Court for discretionary review.
A Gas Station With a Violent History
This is not the first time the BP station at 4502 Indianapolis Boulevard has been the scene of deadly gunfire. A January 2023 shooting at the same location was fatal, according to CBS News, which reported that police were investigating.
Hoodline reported on the March 30, 2024, shooting in coverage of the open investigation shortly after it occurred, when one man had died and another was injured and police were still seeking leads. The Hoodline report mentions the Lake County Prosecutor's Homicide Task Force in connection with that investigation.
