in Re Dwight Frazier
334850
| Mich. Ct. App. | Dec 7, 2017Background
- Fifth-grade student Dwight Frazier fought another pupil in class; teacher Beverly Robinson intervened and pulled him into the hallway.
- Robinson testified she grabbed Dwight by the back of his shirt and arm; Dwight shouted profanities and then punched or struck Robinson in the shoulder/chest (Robinson) or in the face while jumping off a desk (Ronita Thomas).
- Two other teachers (Valerie Searles and Ronita Thomas) gave testimony with some differences about what they observed; Searles did not see the hallway altercation.
- The prosecutor charged Dwight with assault and battery (MCL 750.81) and creating a disturbance in school (Detroit Ordinance § 38-7-2); he conceded the disturbance charge but contested the assault on self-defense grounds.
- The trial court (bench trial) found Dwight guilty of assault and battery and creating a disturbance; placed him on intensive probation. Dwight appealed only the assault and battery adjudication.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether self-defense negates assault/battery | People: Dwight did not produce evidence he reasonably feared serious harm, so self-defense not triggered | Frazier: Robinson was the aggressor grabbing him, so he acted in self-defense | Court: No self-defense; Dwight produced no evidence of honest/reasonable belief of imminent serious harm |
| Whether evidence was sufficient to show intentional, offensive touching | People: Robinson’s steady testimony that Dwight struck her shows intentional battery | Frazier: Any contact was accidental or defensive during struggle | Court: Evidence sufficient; factfinder could conclude Dwight intentionally struck Robinson |
Key Cases Cited
- People v. Dupree, 486 Mich 693 (2010) (prosecution must disprove self-defense beyond a reasonable doubt once defendant produces some supporting evidence)
- People v. Wilkens, 267 Mich App 728 (2005) (bench-trial sufficiency review in light most favorable to prosecution)
- People v. Unger, 278 Mich App 210 (2008) (appellate courts defer to factfinder on credibility and conflicting evidence)
- People v. Cameron, 291 Mich App 599 (2011) (defines battery as intentional, unconsented, harmful or offensive touching)