People v. Fennell

677 N.W.2d 66, 260 Mich. App. 261
CourtMichigan Court of Appeals
DecidedApril 2, 2004
DocketDocket 241339
StatusPublished
Cited by70 cases

This text of 677 N.W.2d 66 (People v. Fennell) 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. Fennell, 677 N.W.2d 66, 260 Mich. App. 261 (Mich. Ct. App. 2004).

Opinions

Cooper, J.

Following a jury trial, defendant Stephen R. Fennell was convicted of nineteen counts of willfully and maliciously torturing or killing animals, MCL 750.50b(2). The trial court sentenced him to three years’ probation, with the first year to be served in the county jail. He was acquitted of an additional charge of burning a building. Defendant appeals as of right. We affirm.

In this case we are asked to determine whether the animal torture statute, MCL 750.50b(2), is a specific or general intent crime. There is no case law in Michigan describing the degree of intent required under [263]*263this statute and therefore this is an issue of first impression. After reviewing the statute’s language and the construction of previous animal cruelty statutes, we conclude that the portion of MCL 750.50b(2) relating to killing or torturing an animal is a general intent crime.1

I. BACKGROUND FACTS

The Grosse Pointe Hunt Club is a private equestrian facility that maintained two stables to house horses. On July 7-8, 2001, one of the stables at the hunt club burned to the ground. Nineteen of the twenty-four horses kept in that stable died as a result of the fire. The fire began when a firecracker exploded inside the stable.

Joseph Evola lived at his parents’ home across the street from the hunt club in July 2001. On the night in question, several of Joseph’s friends, including defendant, had gathered at the Evola residence. Joseph claimed that defendant possessed a variety of firecrackers that he had purchased in Ohio. Several people in the group recalled overhearing defendant mention something about throwing firecrackers to scare the horses. And Joseph testified that he saw defendant light a firecracker and make an arm movement to throw it toward the hunt club bam. He then observed the firecracker go over the hunt club’s fence. The firecracker was described as a “mortar,” the kind that goes up into the air and sparks. Gregory [264]*264Grosfield, another individual in the group, testified that he saw a firework hit the hunt club bam at approximately 4:15 A.M., and begin to spark.

When defendant threw the firework, everyone ran inside. Within minutes, several witnesses inside the Evola residence claimed that they could see a light glow coming from the bam and that it was obvious the bam was on fire. But defendant dissuaded them from calling for help by saying it would look suspicious. Instead, he suggested that they claim that they were asleep when the fire began.

Raymond Neal, the night watchman for the hunt club, was on duty the night in question. He recalled going out to the bam to close the doors because someone was setting off fireworks in the area. As he was closing the doors, Mr. Neal claimed he felt something go past his head and then saw flames going up the bam walls. Although he was able to let some of the horses out, Mr. Neal testified that the fire was too intense for him to rescue the remainder of the horses in the bam. Further inspection of the barn revealed no evidence of electrical or mechanical failure that might have caused the fire.

H. JURY INSTRUCTIONS

Defendant initially challenges the trial court’s refusal to instruct the jury that the prosecution was required to show that defendant specifically intended to kill or torture the horses. We disagree. Claims of instructional error are reviewed de novo on appeal.2

[265]*265It is the function of the trial court to clearly present the case to the jurors and instruct them on the applicable law.3 Jury instructions must therefore include all the elements of the charged offenses and any material issues, defenses, and theories that are supported by the evidence.4 Even if the instructions are somewhat imperfect, reversal is not required if the instructions fairly presented the issues to be tried and were sufficient to protect the rights of the defendant.5

When interpreting statutes, the primary goal of the reviewing court is to ascertain and facilitate the Legislature’s intent.6 In making this determination, we look to the specific language of the statute.7 Where the language of the statute is clear, judicial construction is neither necessary nor permitted and the statute must be enforced as written.8 But when reasonable minds can differ as to the meaning of a statute, judicial construction is appropriate.9 In such instances, courts must consider the object of the statute, the harm it is designed to remedy, and apply a reasonable construction that best accomplishes the statute’s purpose.10 We note that the Legislature is presumed to be familiar with the rules of statutory construction and to act with knowledge of appellate court statutory interpretations.11

[266]*266In the instant case, the trial court instructed the jury with regard to MCL 750.50b(2) as follows:

To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt. First, that the defendant killed and/or tortured an animal or did anything that resulted in the killing or torturing of an animal. Torture means severe physical or mental pain, and agony or anguish.
Second, that at the time of the commission of the crime, the defendant knew that his actions were wrong and intended to cause physical or mental harm to an animal.
Third, that the defendant had no just cause or excuse for his actions.

Defendant claims that these instructions were erroneous based on the Legislature’s use of the term “willfully” in the statute. According to defendant, this terminology indicated that the animal torture statute was a specific intent crime. To determine the intent required in a criminal statute we must look to the mental state set forth in the statute.12 A crime requiring a particular criminal intent beyond the act done is generally considered a specific intent crime; whereas, a general intent crime merely requires “the intent to perform the physical act itself.”13 Put another way, “specific intent” is often used “ ‘ “to designate a special mental element which is required above and beyond any mental state required with respect to the actus reus of the crime.” ’ ”14

[267]*267The animal torture statute at issue in this case provides in pertinent part as follows:

A person who willfully, maliciously and without just cause or excuse kills, tortures, mutilates, maims, or disfigures an animal ... is guilty of a felony, punishable by imprisonment for not more than 4 years, or by a fine of not more than $5,000.00, or community service for not more than 500 hours or any combination of these penalties.[15]

There is no definition of the term “willfully” provided in the statute. Further review of the pertinent statutory language also fails to explicitly state the degree of intent required under this crime. As such, judicial construction is required.

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Cite This Page — Counsel Stack

Bluebook (online)
677 N.W.2d 66, 260 Mich. App. 261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fennell-michctapp-2004.