People of Michigan v. Cordell Daniel Jones
327731
| Mich. Ct. App. | Oct 13, 2016Background
- Shooting at a Highland Park nightclub: Antonio McCroy was killed and Michelle Whites was injured.
- Defendant Cordell Daniel Jones was charged with second-degree murder (McCroy), assault with intent to murder (Whites), and felony-firearm.
- At trial, evidence showed Jones fired 12 times, shot McCroy in the chest, and struck Whites; Jones fled the scene and was arrested about a month later.
- Jones claimed provocation/heat of passion and that McCroy had displayed a gun; he also contested that he had intent to kill.
- Jury convicted Jones on all counts; trial court imposed consecutive prison terms (including 33–60 years for second-degree murder).
- Jones appealed, arguing insufficient evidence of intent to kill for both the murder and the assault counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence of malice for second-degree murder | Prosecution: circumstantial evidence (use of deadly weapon, multiple shots including chest wound, flight) supports malice/intent to kill | Jones: evidence shows heat of passion/provocation (McCroy displayed a gun) negating malice | Court: Evidence (12 shots, chest hit, flight) permits inference of malice; conviction affirmed |
| Whether killing was voluntary manslaughter (heat of passion) | Mendoza/Pouncey factors not met; jury could reject provocation claim | Jones: claim that he acted in heat of passion after provocation (McCroy showed a gun) | Court: Jury credibility finding allowed; provocation not proven to negate malice; second-degree murder stands |
| Sufficiency of evidence of intent for assault with intent to murder (Whites) | Prosecution: intent to kill McCroy transfers to Whites under transferred intent doctrine | Jones: lacked intent to kill Whites because his alleged intent targeted McCroy only | Court: Transferred intent applies—evidence of intent to kill McCroy transfers to the injured bystander; assault conviction affirmed |
| Admissibility/credibility issues bearing on intent (general) | Credibility and inferences support prosecution; conflicts resolved for prosecution | Jones: testimony supporting his self-defense/provocation narrative should negate malice | Court: Credibility is for the jury; appellate court will not reassess; verdict stands |
Key Cases Cited
- People v. Russell, 297 Mich. App. 707 (circumstantial evidence and standard for sufficiency review)
- People v. Lockett, 295 Mich. App. 165 (resolve evidentiary conflicts for prosecution)
- People v. Avant, 235 Mich. App. 499 (credibility determinations are for the jury)
- People v. Goecke, 457 Mich. 442 (elements of second-degree murder; definition of malice)
- People v. Hawkins, 245 Mich. App. 439 (intent inferred from acts, means, manner)
- People v. Henderson, 306 Mich. App. 1 (intent to kill may be inferred from use of deadly weapon)
- People v. Carines, 460 Mich. 750 (use of a deadly weapon as evidence of intent)
- People v. Mendoza, 468 Mich. 527 (provocation and heat-of-passion manslaughter doctrine)
- People v. Pouncey, 437 Mich. 382 (elements/time lapse analysis for voluntary manslaughter)
- People v. Darden, 230 Mich. App. 597 (absence of mitigating provocation converts manslaughter to murder)
- People v. Youngblood, 165 Mich. App. 381 (transferred intent doctrine)
Affirmed.