People v. Jackson

808 N.W.2d 541, 292 Mich. App. 583
Michigan Court of Appeals·Decided May 17, 2011·No. Docket No. 285532·Published·Cited by 485 cases

Opinion

WILDER, J.

Defendant was convicted by a jury of first-degree premeditated murder, MCL 750.316(l)(a), conspiracy to commit murder, MCL 750.157a, assault with intent to commit murder, MCL 750.83, and pos[586] session of a firearm during the commission of a felony, MCL 750.227b. He was sentenced to life in prison for the first-degree murder and conspiracy convictions and 225 months to 40 years’ imprisonment for the assault conviction, with those sentences to be served concurrently but consecutively to a two-year term of imprisonment for the felony-firearm conviction. He appeals as of right. We affirm.1

I. FACTUAL BACKGROUND

Defendant’s convictions arose from the fatal shooting of Bennie Peterson and the nonfatal shooting of Donteau Dennis on the east side of Detroit during the early morning hours of September 28, 2007. According to the prosecution’s evidence, codefendant Quonshay Douglas-Ricardo Mason persuaded Peterson and Dennis to leave Peterson’s house under the pretext that they were going to rob a drug addict who was carrying a large amount of cash to purchase drugs. Mason drove Peterson and Dennis, in Peterson’s minivan, to a house on Malcolm Street and told Dennis to purchase drugs in the house to use as bait in the robbery. Defendant and codefendant Kainte Hickey had followed Mason in defendant’s Jeep. After Dennis left Peterson’s minivan to purchase the drugs, Mason and defendant parked their vehicles so that the minivan was blocked in and could not be driven away. Mason then got out of the minivan and defendant got out of his Jeep, and the two of them went to the side of the [587] minivan and began firing guns at Peterson, who was still inside. At the same time, Hickey emerged from defendant’s Jeep and fired several shots at Dennis as he crossed the street. Peterson was killed.

Officer Frank Senter arrived and found Dennis lying wounded in a backyard. Dennis remarked that he did not believe that he would survive and told Officer Senter that Hickey had shot him over a drug debt. Although Officer Senter did not recall hearing Dennis say anything about Peterson, defendant, or Mason, he stated that Dennis made additional statements that Officer Senter could not understand because of Dennis’s condition. Later, while Dennis was hospitalized, he gave a statement implicating defendant and Mason in the shooting attack on Peterson. At trial, Dennis again identified defendant and Mason as the persons who shot at Peterson inside the minivan.

II. SUFFICIENCY OF THE EVIDENCE

Defendant first argues that the evidence was insufficient to support his convictions. When a defendant challenges the sufficiency of the evidence in a criminal case, this Court considers whether the evidence, viewed in a light most favorable to the prosecution, would warrant a reasonable juror in finding that the essential elements of the crime were proved beyond a reasonable doubt. People v Nowack, 462 Mich 392, 399; 614 NW2d 78 (2000); People v Sexton, 250 Mich App 211, 222; 646 NW2d 875 (2002). “Circumstantial evidence and reasonable inferences arising from that evidence can constitute satisfactory proof of the elements of a crime.” Nowack, 462 Mich at 400 (quotation marks and citations omitted). “The credibility of witnesses and the weight accorded to evidence are questions for the jury, and any conflict in the evidence must be resolved in the [588] prosecutor’s favor.” People v Harrison, 283 Mich App 374, 378; 768 NW2d 98 (2009).

A conviction of first-degree premeditated murder requires evidence that “the defendant intentionally killed the victim and that the act of killing was premeditated and deliberate.” People v Kelly, 231 Mich App 627, 642; 588 NW2d 480 (1998). Premeditation and deliberation require “sufficient time to allow the defendant to take a second look.” People v Anderson, 209 Mich App 527, 537; 531 NW2d 780 (1995).

A criminal conspiracy is a partnership in criminal purposes, under which two or more individuals voluntarily agree to effectuate the commission of a criminal offense. People v Justice (After Remand), 454 Mich 334, 345; 562 NW2d 652 (1997). The individuals must specifically intend to combine to pursue the criminal objective, and the offense is complete upon the formation of the agreement. Id. at 345-346. The intent, including knowledge of the intent, must be shared by the individuals. Id. at 346. Thus, there must be proof showing that “the parties specifically intended to further, promote, advance, or pursue an unlawful objective.” Id. at 347. Direct proof of a conspiracy is not required; rather, “proof may be derived from the circumstances, acts, and conduct of the parties.” Id.

The elements of assault with intent to commit murder are “(1) an assault, (2) with an actual intent to kill, (3) which, if successful, would make the killing murder.” People v Davis, 216 Mich App 47, 53; 549 NW2d 1 (1996) (quotation marks and citation omitted). The intent to kill may be proved by inference from any facts in evidence. People v Lawton, 196 Mich App 341, 350; 492 NW2d 810 (1992). A person is guilty of felony-firearm if the person possesses a firearm during the commission of a felony. MCL 750.227b.

[589] A person who aids or abets the commission of a crime may be convicted as if he or she directly committed the crime. People v Izarraras-Placante, 246 Mich App 490, 495; 633 NW2d 18 (2001).

“To support a finding that a defendant aided and abetted a crime, the prosecution must show that (1) the crime charged was committed by the defendant or some other person, (2) the defendant performed acts or gave encouragement that assisted the commission of the crime, and (3) the defendant intended the commission of the crime or had knowledge that the principal intended its commission at the time he gave aid and encouragement.” [Id. at 495-496, quoting People v Turner, 213 Mich App 558, 568; 540 NW2d 728 (1995).]

Aiding and abetting describes all forms of assistance rendered to the perpetrator, including any words or deeds that may support, encourage, or incite the commission of a crime. People v Youngblood, 165 Mich App 381, 386; 418 NW2d 472 (1988).

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Jackson, 808 N.W.2d 541, 292 Mich. App. 583 (Mich. Ct. App. 2011).

808 N.W.2d 541 (People v. Jackson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People of Michigan v. Dionte Deshaun Clingman
Michigan Court of Appeals, 2018
People of Michigan v. Damon Earl Houston
Michigan Court of Appeals, 2018
People of Michigan v. Christopher David Cowles
Michigan Court of Appeals, 2018
People of Michigan v. Tywaun Tramel Coakley
Michigan Court of Appeals, 2018
People of Michigan v. Charles Edward Britton
Michigan Court of Appeals, 2018
People of Michigan v. Alan Donnell Broadnax
Michigan Court of Appeals, 2018
People of Michigan v. Aishia Jamila Khan
Michigan Court of Appeals, 2018
People of Michigan v. Joaquin Rashad Hunter
Michigan Court of Appeals, 2018
People of Michigan v. Eric Lamothe Thomas
Michigan Court of Appeals, 2018
People of Michigan v. Dexter Lamar Williams
Michigan Court of Appeals, 2018
People of Michigan v. Rauss Gregory Ball
Michigan Court of Appeals, 2018
People of Michigan v. Husam Kamil Alzehery
Michigan Court of Appeals, 2018
People of Michigan v. Joshua Jamalle Mitchell
Michigan Court of Appeals, 2018
People of Michigan v. Kelvin Willis
Michigan Court of Appeals, 2018
People of Michigan v. Samuel Joel Burch
Michigan Court of Appeals, 2017
People of Michigan v. Rogerick Rayshun Allen
Michigan Court of Appeals, 2017
People of Michigan v. Tiffanie Monique Edwards
Michigan Court of Appeals, 2017
People of Michigan v. Tyrone Howell
Michigan Court of Appeals, 2017