People v. Abraham

662 N.W.2d 836, 256 Mich. App. 265
CourtMichigan Court of Appeals
DecidedMay 29, 2003
DocketDocket 227938
StatusPublished
Cited by526 cases

This text of 662 N.W.2d 836 (People v. Abraham) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Abraham, 662 N.W.2d 836, 256 Mich. App. 265 (Mich. Ct. App. 2003).

Opinions

O’Connell, P.J.

Defendant Nathaniel Jamar Abraham appeals as of right his jury conviction and sentence for second-degree murder, MCL 750.317; see also MCL 712A.2d (statute allowing charging, trying, and sentencing juvenile as an adult). Defendant was sentenced to placement at the Maxey Boys Training School within the juvenile justice system until his twenty-first birthday. At the time of defendant’s well-publicized trial, defendant was twelve years old. We affirm.

I. FACTS AND PROCEEDINGS

This is not the first time this case has been before us. In People v Abraham, 234 Mich App 640; 599 NW2d 736 (1999), this Court affirmed the trial court’s order denying defendant’s motion to quash the information. In addition, this Court reversed the trial court’s order granting defendant’s motion to suppress evidence of his statements to the police. We set out the facts in our previous opinion as follows:

[268]*268This case arises from the fatal shooting of Ronnie Green, and the nonfatal shooting of Michael Hudack, on October 29, 1997. Two days later the police questioned defendant about the shootings. According to the investigating officer, defendant first offered various innocent explanations of his role in the matter, then finally implicated himself in the shooting of Green. A probable cause hearing on the prosecution’s petition requesting that defendant, then aged eleven years, be tried as an adult was held the following month. At the hearing, friends of defendant testified that defendant broke into a house and stole a .22-caliber rifle, practiced shooting at balloons and streetlights, stated an intention to shoot gang members who had been bothering him, and then boasted that he had shot someone. Defendant was bound over for trial on one count of first-degree premeditated murder, MCL 750.316(l)(a) . . . , one count of assault with intent to commit murder, MCL 750.83 . . . , and two counts of possession of a firearm during the commission of a felony, MCL 750.227b ....
The police took defendant from school to the police station for questioning, stopping on the way to apprise defendant’s mother of the matter. Defendant’s mother joined defendant at the police station several minutes after defendant arrived with the police. Defendant and his mother were advised of defendant’s [Miranda1 rights], in response to which they indicated that defendant did not wish to speak to an attorney and agreed to waive defendant’s right to remain silent. Both signed a document stating that defendant waived his Miranda rights. [Abraham, supra at 643-644.]

H. GREAT WEIGHT OF THE EVIDENCE

The defense argues on appeal that a new trial was warranted because the prosecution failed to establish [269]*269that defendant acted maliciously when he shot a gun at trees when people were nearby. We disagree.

As we held in People v Simon, 174 Mich App 649, 653; 436 NW2d 695 (1989):

It is unclear whether defendant’s argument addresses the sufficiency of the evidence or charges that the verdict was against the great weight of the evidence. Because defendant argued this issue both in a motion for a directed verdict and a motion for new trial, we will address it using the stricter standard applicable to reviewing a denial of a motion for new trial based on the verdict being against the great weight of the evidence.
The standard of review applicable to a denial of a motion for a new trial is whether the trial court abused its discretion. The trial court may grant a new trial if it finds the verdict was not in accordance with the evidence and that an injustice has been done. People v Hampton, 407 Mich 354, 373; 285 NW2d 284 (1979) .... An appellate court will find an abuse of discretion only where the denial of the motion was “manifestly against the clear weight of the evidence.” People v Ross, 145 Mich App 483, 494; 378 NW2d 517 (1985).

See also People v Stiller, 242 Mich App 38, 53; 617 NW2d 697 (2000).

A conviction for the offense of second-degree murder requires proof of (1) a death, (2) caused by an act of the defendant, (3) with malice, and (4) without justification or excuse. People v Goecke, 457 Mich 442, 463-464; 579 NW2d 868 (1998). “Second-degree murder is a general intent crime, which mandates proof that the killing was done with an intent to kill, an intent to inflict great bodily harm, or an intent to create a very high risk of death with the knowledge that the act probably will cause death or great bodily harm.” People v Herndon, 246 Mich App 371, 386; 633 [270]*270NW2d 376 (2001) (quotation omitted). This concept is also known as malice. Stiller, supra at 43.

The defense specifically contends that because defendant was developmentally, mentally, and emotionally impaired, he could not have had “wanton and wilful disregard of the likelihood that the natural tendency of his behavior is to cause death or great bodily harm.” Herndon, supra at 386. Evidence was presented at trial that defendant announced he was going to shoot “someone” before the shooting occurred and told people about it afterward. The general intent to kill need not be directed at an identified individual or the eventual victim. See Abraham, supra at 658, citing People v Lawton, 196 Mich App 341, 350-351; 492 NW2d 810 (1992); see also People v Plummer, 229 Mich App 293, 304-305 & n 2; 581 NW2d 753 (1998) (the doctrine of transferred intent permits culpability for murder where the defendant intended to shoot someone other than actual victim). Clinical child psychologist Dr. Lynne Schwartz, who personally examined defendant, indicated that defendant stated that he was fearful that he might hit someone when shooting at trees. This testimony qualifies as showing that defendant had the “intent to create a very high risk of death with the knowledge that the act probably will cause death or great bodily harm,” Herndon, supra at 386. It was not the place of the trial court to supersede the jury’s credibility judgment believing those witnesses over defendant’s psychological experts. People v Elkhoja, 251 Mich App 417, 446, 447; 651 NW2d 408 (2002), quoting People v Lemmon, 456 Mich 625, 642-643, 647; 576 NW2d 129 (1998). Moreover, circumstantial and inferential evidence is admissible at trial. People v Carines, 460 [271]*271Mich 750, 757; 597 NW2d 130 (1999); Abraham, supra at 658. Therefore, the trial court did not abuse its discretion in denying defendant’s motion for a new trial in light of the great weight of the evidence.2 See Simon, supra.

III. SEVERANCE OF THE CHARGES

Defendant argues that the trial court improperly denied him a fair trial by failing to sever the charges of first-degree murder,3 MCL 750.316, and assault with intent to commit murder, MCL 750.83. We disagree.

Generally, the interpretation of a court rule is a question reviewed de novo. People v Petit, 466 Mich 624, 627; 648 NW2d 193 (2002). MCR 6.120 provides in pertinent part:

(B) Right of Severance; Unrelated Offenses. On the defendant’s motion, the court must sever unrelated offenses for separate trials.

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Bluebook (online)
662 N.W.2d 836, 256 Mich. App. 265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-abraham-michctapp-2003.