People of Michigan v. Aurelio Vasquez
331181
| Mich. Ct. App. | Jul 18, 2017Background
- Defendant Aurelio Vazquez was convicted by a jury of three counts of felonious assault, one count of carrying a concealed weapon (CCW), and one count of felony‑firearm; sentenced to concurrent prison terms and probation. The Court of Appeals vacated the convictions and remanded for a new trial.
- At issue was an alleged home invasion/assault; defendant was stopped about a mile from the scene after a 911 call from his wife gave a physical description, vehicle description, and reported he was armed.
- Defense counsel filed a written motion to adjourn trial so a private investigator could obtain employer phone/records to support an alibi that defendant was elsewhere; the trial court denied the adjournment.
- Police stopped and verified defendant’s identity, arrested him for failure to produce a driver’s license, and searched the vehicle; officers recovered a firearm from a locked glove compartment.
- Defendant moved to suppress the firearm, arguing the stop and search lacked probable cause; the trial court denied suppression.
- Defendant sought admission of the in‑car dash cam audio (to show lack of consent to search, an early alibi, sobriety, and denials); the trial court excluded the audio evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Trial adjournment to obtain alibi records | Denied—no relief (prosecution opposed delay) | Counsel needed time/diligence to obtain employer phone/records and PI had been hired; adjournment was necessary to present alibi | Court of Appeals: denial was abuse of discretion; defendant showed good cause/diligence and was prejudiced; right to present alibi violated; vacated convictions and remanded for new trial |
| Ineffective assistance of counsel for failing to obtain records | N/A (moot given remand) | Counsel ineffective for not procuring employment records to corroborate alibi | Not addressed on merits as moot in light of successful adjournment claim |
| Motion to suppress firearm (search/seizure) | Stop/search unreasonable; lack of probable cause | Officers had reasonable suspicion from 911 description for Terry stop; arrest for absence of license lawful; probable cause to search under automobile exception; alternatively, inventory search would inevitably reveal gun | Trial court properly denied suppression; stop and arrest lawful; vehicle search lawful under automobile exception and, alternatively, inventory exception |
| Admissibility of dash‑cam audio | Audio would corroborate lack of consent, prompt alibi, sobriety, and denials | Audio was irrelevant or hearsay; mostly cumulative of defendant’s trial testimony; statements were prior out‑of‑court assertions offered for truth | Exclusion affirmed: audio irrelevant to contested issues and, if relevant, consisted of inadmissible hearsay and improper bolstering of testimony |
Key Cases Cited
- People v. Coy, 258 Mich. App. 1 (defendant must show good cause and diligence for adjournment)
- People v. Jackson, 467 Mich. 272 (MCR 2.503(C) governs adjournments for unavailable evidence)
- Terry v. Ohio, 392 U.S. 1 (Terry stop standard: limited seizure based on reasonable, particularized suspicion)
- People v. Kazmierczak, 461 Mich. 411 (automobile exception: probable cause justifies warrantless vehicle search)
- People v. Toohey, 438 Mich. 265 (inventory search exception: lawful impoundment and standardized procedures)
- People v. Musser, 494 Mich. 337 (distinguishing hearsay and prior consistent statements; relevance requirement for out‑of‑court statements)