People v. Haynes

502 N.W.2d 758, 199 Mich. App. 593

• Court: Michigan Court of Appeals
• Decided: May 17, 1993
• Docket: Docket 144300
• Status: Published

Opinions

Doctoroff, C.J.

Defendant pleaded guilty of first-degree murder, MCL 750.316; MSA 28.548, assault with intent to rob while armed, MCL 750.89; MSA 28.284, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). Following an extensive sentencing hearing pursuant to MCL 769.1(3); MSA 28.1072(3), the Recorder’s Court concluded that defendant should be sentenced as a juvenile, instead of as an adult, and placed defendant with the Michigan Department of Social Services until age twenty-one. The prosecution appeals that ruling, claiming that the court abused its discretion in sentencing defendant as a juvenile. We reverse and remand with instructions to sentence defendant as an adult.

Defendant’s guilty plea arises out of the shooting death of Benjamin Gravel on his way home from the Bayview Yacht Club on February 8, 1990. Defendant and a group of young men spent the evening attempting to steal cars from people driving in Detroit by pointing a gun at the drivers and ordering them to stop. After one of the others made several unsuccessful attempts to steal a car, defendant acquired the gun in an effort to demonstrate the proper way to execute the crime. The group proceeded to Clairepointe Road in the City of Detroit, where they placed a tree in the road outside the yacht club. After a few cars successfully avoided the tree, Mr. Gravel came upon the obstruction in his Cadillac. Defendant’s statement, entered into the record, indicated that he walked up to the car and shouted at Gravel to get out of the car. When Gravel did not stop, defendant fired a number of shots into the car as it drove off. Statements of other members of the group revealed that defendant made statements after the murder to the effect that had Gravel stopped the car, he wouldn’t have "smoked his ass.”

In reviewing a trial court’s decision to sentence a defendant as an adult, this Court applies a bifurcated standard of review. People v Passeno, 195 Mich App 91, 103; 489 NW2d 152 (1992). The trial court’s findings of fact are reviewed under the clearly erroneous standard, while the ultimate sentencing decision is reviewed for an abuse of discretion. Id. The Legislature has established the following guidelines that must be considered by a trial court in making its decision to sentence a defendant as a juvenile or an adult:

(a) The prior record and character of the juvenile, his or her physical and mental maturity, and his or her pattern of living.

(b) The seriousness and the circumstances of the offense.

(c) Whether the offense is part of a repetitive pattern of offenses which would lead to 1 of the following determinations:

(i) The juvenile is not amenable to treatment.

(ii) That despite the juvenile’s potential for treatment, the nature of the juvenile’s delinquent behavior is likely to disrupt the rehabilitation of other juveniles in the treatment program.

(d) Whether, despite the juvenile’s potential for treatment, the nature of the juvenile’s delinquent behavior is likely to render the juvenile dangerous to the public if released at the age of 21.

(e) Whether the juvenile is more likely to be rehabilitated by the services and facilities available in adult programs and procedures than in juvenile programs and procedures.

(f) What is in the best interests of the public welfare and the protection of the public security. [MCL 769.1(3); MSA 28.1072(3).]

The prosecution has the burden of proving, by a preponderance of the evidence, that the best interests of the juvenile and the public would be served by sentencing the juvenile defendant as an adult. MCR 6.931(E)(2); People v Lyons, 195 Mich App 248, 252; 489 NW2d 218 (1992). Contrary to defendant’s argument on appeal, we believe that the prosecution presented a preponderance of evidence to justify imposition of an adult sentence.

With regard to the first factor, the trial court made the following findings in its opinion:

As to his pattern of living, the history of his home and family life which was put on the record, persuades the court that whatever his mode of living in the earlier years happen to be they were not of his making. If his latter pattern of living became that which society is unwilling to abide, to what extent the defendant is responsible as compared to the extent that those who should have been responsible but were not, are to blame, one can only speculate. So, it is difficult for the court to find that defendant’s pattern of living is a factor which militates in favor of adult confinement for this defendant. The court finds as fact that [it] does not.

While we understand the court’s finding that a contributing cause to defendant’s past behavioral problems was the environment in which he was raised, we believe that the court erred in dismissing the prior criminal conduct and antisocial pattern of living of this defendant as the fault of his role models.

Defendant’s criminal conduct began at an early stage in his life. Defendant was reported to have been in trouble with the authorities for fighting in seventh grade, was suspended from school on six separate occasions for activity ranging from loitering to assault and battery, and had a prior adjudication for attempted possession of cocaine. He was also charged with felonious assault and being a minor in possession of a firearm, but the charges were dismissed. In the context of the evaluations, defendant admitted to selling "crack” cocaine between the years 1987 and 1989, during which time he claimed to have earned between $500 and $600 a day in drug sales.

Defendant was placed in the Wayne County Youth Home between August 20 and 23, 1988. On October 27, 1988, a warrant was issued for defendant after he escaped from custody. Defendant was returned to the youth home in December 1989. During that time, defendant was disciplined on a number of occasions for negative and disruptive behavior and sexual assault. On February 8, 1990, defendant committed the instant ofíense. Since his placement in the youth home following the murder, defendant has been disciplined for refusing to follow directions, cursing, being disrespectful to the staff, fighting, gang activity, and truancy from school. Defendant was placed in isolation at least five times since the murder. Isolation is the most severe form of punishment exacted by the faculty of the youth home.

In view of this persistent antisocial behavior before and after the instant offense, we believe the trial court’s finding that this factor did not weigh in favor of adult disposition constitutes clear error. The fact that defendant has had a difficult family background and obviously has not been exposed to positive role models does not excuse his past criminal and antisocial behavior. The language of MCL 769.1(3)(a); MSA 28.1072(3)(a) does not limit the consideration of a juvenile’s prior record and pattern of living to those situations where the trial court concludes the defendant should be held personally accountable.

The next factor to be considered is the seriousness and the circumstances of the offense. MCL 769.1(3)(b); MSA 28.1072(3)(b). The trial court, in addressing this factor, merely stated that this was an offense of "ultimate gravity.” However, merely characterizing the offense as one of "ultimate gravity” begs the question whether the circumstances surrounding the offense should be given more weight in deciding to sentence a defendant as an adult. In this case, defendant pleaded guilty of first-degree murder. He was not only a participant in the crime, but was the one who fired the fatal shots. We believe that the trial court erred in failing to articulate the circumstances surrounding this offense and the effect that those circumstances had on its ultimate sentencing decision.

The trial court must next determine whether the offense is part of a pattern of offenses leading to one of the following determinations:

(i) The juvenile is not amenable to treatment.

(ii) That despite the juvenile’s potential for treatment, the nature of the juvenile’s delinquent behavior is likely to disrupt the rehabilitation of other juveniles in the treatment program.

With regard to this factor, the court stated in its written opinion as follows:

The court does not find that the evidence established that the offense committed by the defendant is part of a repetitive pattern of offenses which would lead to a determination that he is not amenable to treatment; or, that owing to the nature of the delinquent behavior, the juvenile is likely to disrupt the rehabilitation of others in the treatment program.

A review of the statute and the court’s findings makes it apparent that the trial court merely stated its conclusions on this issue in language nearly identical to the statute without having made the necessary supporting findings from the evidentiary record.

At the dispositional hearing, there were three witnesses who had evaluated defendant and made recommendations with respect to the ultimate disposition. Robert Lemanek, an intake worker for the Department of Social Services, recommended that defendant be placed in a juvenile facility. Dr. Karen Noelle Clark, a psychologist, completed an evaluation of defendant and reported that "with intense therapy and structure [defendant] could be rehabilitated within the juvenile justice system.” Finally, Robert A. Bartz, senior psychologist at the Recorder’s Court Psychiatric Clinic, recommended that defendant be placed in an adult correctional facility.

We believe that the trial court clearly erred in relying on the recommendations of Mr. Lemanek and Dr. Clark, and further erred in discrediting the recommendation of Mr. Bartz. Mr. Lemanek testified that, despite defendant’s past academic problems in school, defendant showed improvement in the Wayne County Youth Home and generally complied with the rules of the home. However, this testimony is directly contrary to the objective evidence referred to above, which indicated that defendant persistently disrupted the home before and after the murder. Mr. Lemanek further testified that there was a presumption in favor of juvenile placement and that he generally made recommendations with that goal in mind. Mr. Lemanek admitted that he was unaware of defendant’s poor disciplinary record at the youth home at the time he made his recommendation. Although Mr. Lemanek admitted on cross-examination that defendant was not as well adjusted as he had originally thought, he refused to change his ultimate recommendation.

Dr. Clark evaluated defendant for about 2 Vi hours and spoke with some of the youth home instructors. In her report, Dr. Clark stated that defendant’s response to the victim’s death was "rather casual.” She further stated that defendant "appears to be heavily influenced by his peers and defiant and rebellious toward authority and societal rules and regulations.” Notwithstanding these negative personality traits directly related to his potential for disruptive behavior, Dr. Clark believed that treatment and structure could assist in defendant’s rehabilitation. Through cross-examination, it became apparent that the crux of Dr. Clark’s evaluation was based upon patently false statements related to her by defendant. When the prosecutor revealed that defendant had told Dr. Clark numerous lies with respect to his school record and his behavioral record at the youth home, she concluded that defendant’s past behavior demonstrated that he had assaultive and violent tendencies and further that it didn’t look as though defendant "was learning his lesson.” Nonetheless, Dr. Clark recommended juvenile placement.

Mr. Bartz testified that it was his recommendation that defendant be placed within the adult system. There was some dispute concerning his testimonial recommendation because a written report he had prepared recommended incarceration in a maximum-security juvenile facility. The report contained statements indicating that defendant should be given no leniency and that defendant displayed all the classic signs of being a psychopath. Mr. Bartz attempted to recant the ultimate recommendation in the written report, stating that although he had prepared the report, its ultimate recommendation of juvenile sentencing was erroneous and not intended to reflect his opinion. The court concluded that because of the inconsistency between the testimonial recommendation and the report, it would disregard the testimony and rely on the report.

Upon extensive review of the record and the trial court’s findings, we can only conclude that the trial court erred in evaluating the testimony and recommendations of the experts. The objective evidence within the record demonstrates that the instant offense is part of a pattern of lawless behavior by defendant, much of which the experts were unaware. Defendant’s prior contacts with the juvenile system, and his behavior within it, manifest a clear propensity by defendant to deliberately disrupt the treatment program and interfere with the rehabilitation of others. Moreover, a preponderance of the evidence indicates that defendant is not amenable to treatment, having received treatment in the past and reverted to more severe criminal episodes. Accordingly, we believe that the trial court’s determination that defendant was amenable to treatment and not likely to disrupt the rehabilitation of others was also clearly erroneous.

The next section of the statute requires the court to determine whether, despite the juvenile’s potential for treatment, the nature of the juvenile’s behavior is likely to render him dangerous to the public at age twenty-one. MCL 769.1(3)(d); MSA 28.1072(3)(d). Once again, the court merely stated that it did not believe that defendant would be dangerous to the public at age twenty-one without any factual or evidentiary references to support the conclusion. Given the clear trend of defendant to engage in more violent criminal episodes as his life progresses and his defiant behavior after the incident, we believe that defendant is likely to pose a threat to society if released at age twenty-one.

The next factor is whether the juvenile is more likely to be rehabilitated by the services and facilities available in the adult system rather than in the juvenile system. MCL 769.1(3)(e); MSA 28.1072(3)(e). The trial court completely failed to make any findings with respect to this factor. While it is true that there is little evidence in the record from which to make findings specific to this factor, there was testimony from Mr. Lemanek to the effect that the counseling available in the juvenile system was not fully developed, and the educational training was limited to high school equivalency training. In contrast, the presentence investigation report identifies more sophisticated educational, vocational, and psychological treatment programs within the adult system.

The final factor to be considered when determining whether to place a juvenile in the adult system is what is in the best interests of the public welfare and the protection of the public security. MCL 769.1(3X0; MSA 28.1072(3X0. The trial court also failed to make sufficient findings in this regard. Given the above discussion, despite the severe consequences of sentencing defendant as an adult, the potential threat defendant poses to the public welfare and security far outweighs those consequences. Defendant randomly selected an innocent citizen and fired a number of shots at his automobile. Nearly all of the expert testimony indicates that defendant possesses assaultive and violent personality traits and shows no remorse for what transpired on the night of the murder. In fact, the very expert upon whom the court placed so much reliance concluded that defendant was "an emotionally impaired adolescent who has poor impulse control and lack of regard for societal rules and regulations. He is seen as defiant, oppositional and anti-social. He has little regard for the consequences of his behavior.”

We believe that the trial court has clearly erred in each of its findings with regard to the factors to be considered under the statute and that the ultimate decision to sentence defendant within the juvenile system constitutes an abuse of discretion. The trial court’s decision to sentence defendant as a juvenile is therefore reversed and the case is remanded. The court shall sentence defendant as an adult.

Although neither party has raised the issue, we note that the Recorder’s Court lacked jurisdiction to convict defendant of felony-firearm in light of this Court’s decision in People v Deans, 192 Mich App 327, 330; 480 NW2d 334 (1991). We are cognizant of the fact that this issue is currently before our Supreme Court in People v Hill (Supreme Court Docket No. 93406); People v Veling (Supreme Court Docket No. 93321), 440 Mich 889 (1992). However, until such time as our Supreme Court decides the issue, we are bound by Deans. Accordingly, defendant’s felony-firearm conviction is vacated.

Reversed and remanded for further proceedings consistent with this opinion. We do not retain jurisdiction.

Cavanagh, J., concurred.