People of Michigan v. Elizabeth Ann Dubois
359816
Mich. Ct. App.Jul 28, 2022Background
- Between July 2016 and January 2017, 15‑year‑old Austin repeatedly complained of throat symptoms, progressive weight loss, inability to eat, and difficulty breathing; his mother, Elizabeth Dubois, repeatedly refused or delayed seeking medical care despite his requests.
- CPS intervened in late December 2016; Austin was thin, pale, and could not speak clearly; urgent‑care referral and ENT follow‑up were not pursued by Dubois.
- In January 2017 Austin was taken to a hospital by relatives, diagnosed with chordoma and malnutrition, and required surgery; Dubois initially withheld consent and the second surgery was delayed because of malnutrition, during which the tumor grew.
- Austin died on May 20, 2019 from nasopharyngeal chordoma and dysphagia. A treating physician testified that chordoma survival is roughly 70–80% and that earlier treatment months after symptom onset would have increased his chance of survival.
- Dubois was originally charged with first‑ and second‑degree child abuse; after Austin’s death the prosecution moved to add felony‑murder and second‑degree murder counts. The district court ultimately bound Dubois over for first‑degree child abuse and second‑degree murder but declined to bind over on felony murder.
- The circuit court denied the prosecution’s motion to amend the information to add felony murder; the Court of Appeals reversed, holding the bindover for felony murder was required because probable cause existed for each element given the prior bindovers and the medical testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred in refusing to bind Dubois over on a first‑degree felony‑murder charge (based on first‑degree child abuse) | Bindover required because district court already found probable cause for first‑degree child abuse and second‑degree murder; medical evidence linked failure to seek care to death, satisfying felony‑murder elements | Insufficient evidence that child abuse caused Austin’s death and insufficient causal nexus given delays/prognosis uncertainty | Reversed: Court of Appeals held bindover for felony murder was required because probable cause existed for each element given the prior bindovers and the physician’s testimony |
Key Cases Cited
- People v Yamat, 475 Mich 49 (Mich. 2006) (probable‑cause standard for bindover)
- People v Crippen, 242 Mich App 278 (Mich. Ct. App. 2000) (de novo review of circuit court’s bindover review)
- People v Mason, 247 Mich App 64 (Mich. Ct. App. 2001) (statutory bindover requirement when probable cause exists)
- People v Gayheart, 285 Mich App 202 (Mich. Ct. App. 2009) (elements of felony murder)
- People v Maynor, 256 Mich App 238 (Mich. Ct. App. 2003) (felony‑murder is second‑degree murder elevated by enumerated felony)
- People v Plunkett, 485 Mich 50 (Mich. 2010) (bindover required when probable cause supports each element)
- People v Gould, 255 Mich App 79 (Mich. Ct. App. 2003) (elements underlying first‑degree child abuse for bindover)