People of Michigan v. Dewitt McGowan III
351094
Mich. Ct. App.Jul 15, 2021Background
- June 16, 2018: Defendant McGowan shot and killed Jermaine Turnbow; victim suffered 13 gunshot wounds and died. Defendant fled; later arrested and returned to Michigan.
- Charges: second-degree murder, felon-in-possession, and two felony-firearm counts; defendant claimed self-defense at trial.
- Trial evidence: surveillance video and defendant’s testimony established defendant shot the victim; photographs of the victim (some redacted) were admitted or excluded by the trial court after in limine rulings precluding gang references.
- Post-verdict juror issue: Juror Sandra Brown testified she searched Google for “June 16th murder” during trial but did not read the article; she also reported another juror said he would check Google Earth after deliberations (but likely did not).
- Trial court denied defendant’s motions for a new trial and for broader evidentiary hearings into juror research; defendant was convicted and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Juror extraneous information / scope of evidentiary hearing | Juror Brown’s search did not meaningfully expose the jury to extraneous information; second juror’s comment referred to post-verdict research; no prejudice and no need to recall all jurors. | Two jurors conducted Google searches during deliberations; trial court should hold full evidentiary hearing and grant new trial for exposure to extraneous information. | No abuse of discretion: Brown did not read or share article; second juror’s search was post-verdict or not performed; no reasonable possibility the verdict was affected. |
| Admission of character evidence/photographs (victim’s weapons and gang ties) | Court properly redacted and admitted noncumulative photos of the victim with firearms and excluded gang-identifying/group photos as unfairly prejudicial under MRE 403. | Excluding some photographs (assault-rifle images and group photos showing Zone 8) prevented a complete self-defense case by blocking evidence of victim’s violent character. | No abuse of discretion: some photos admitted (redacted); exclusion of gang-related photos permissible because gang membership is inherently prejudicial and the omitted photos were cumulative or unduly prejudicial. |
| Sufficiency of the evidence / self-defense and malice | Evidence (video, defendant’s testimony, multiple shots including back wound) permits inference of malice and allows jury to reject self-defense; prosecution met its burden. | Defendant presented prima facie self-defense evidence; prosecution failed to disprove self-defense beyond a reasonable doubt, so malice not proven. | Viewing evidence in prosecution’s favor, a rational jury could find malice and reject self-defense; convictions sustained. |
Key Cases Cited
- People v. Budzyn, 456 Mich 77 (Mich. 1997) (sets burden and two-part test for extraneous influences on juries)
- People v. Rao, 491 Mich 271 (Mich. 2012) (abuse-of-discretion review for new-trial rulings)
- People v. Franklin, 500 Mich 92 (Mich. 2017) (standards governing evidentiary hearings and appellate review)
- People v. Fetterley, 229 Mich App 511 (Mich. Ct. App. 1998) (new-trial analysis for juror misconduct; substantial-harm requirement)
- People v. Bynum, 496 Mich 610 (Mich. 2014) (gang membership evidence is inherently prejudicial and risks impermissible inferences)
- People v. Smith, 478 Mich 64 (Mich. 2007) (elements of second-degree murder)
- People v. Heflin, 434 Mich 482 (Mich. 1990) (self-defense requires honest and reasonable belief of imminent death or great bodily harm)
- People v. Bulls, 262 Mich App 618 (Mich. Ct. App. 2004) (malice may be inferred from use of a deadly weapon)