People of Michigan v. Fernando Anton Keathley-Mitchell
328579
Mich. Ct. App.Dec 8, 2016Background
- July 24, 2014: Merton Grundy was shot and killed during an armed robbery at Vincent Houston’s home; two assailants were present, one masked.\
- Houston identified the masked assailant as the shooter; a cookie tin containing marijuana was stolen.\
- Police focused on Fernando Anton Keathley-Mitchell after an anonymous tip; during interview he admitted participation, said he wore a mask so Houston would not recognize him, and named an accomplice “DJ” as the shooter; he claimed his gun was a converted BB gun.\
- Investigators recovered a fired .380 shell casing; a police sergeant testified a real firearm cannot be converted to a BB gun.\
- Defendant was convicted by a jury of first-degree felony murder (felony: robbery), assault with intent to rob while armed, and felony-firearm; sentenced to life without parole plus concurrent and consecutive terms.\
- On appeal defendant challenged sufficiency of evidence, admission of anonymous-tip testimony (Confrontation Clause), Brady violation, and ineffective assistance of counsel for not objecting and not calling a cousin as a witness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for felony murder | Evidence showed killing during robbery; defendant either shot victim or aided and abetted with requisite malice | Defendant claimed he only had a BB gun and was not the shooter; lacked knowledge his accomplice had a real gun | Affirmed — evidence (identification, shell casing, sergeant’s testimony) supported conviction as principal or aider/abettor |
| Sufficiency of evidence for felony-firearm | Evidence supported that a real firearm was used during the robbery | Defendant contended only a BB gun was used, which is not a firearm under the statute | Affirmed — circumstantial evidence and shell casing permit finding a firearm was used |
| Admission of anonymous-tip testimony (Confrontation Clause) | Testimony showed police were led to suspect defendant by an anonymous caller; offered to explain police actions, not to prove truth of tip | Defendant argued tipster’s out-of-court testimonial statements required confrontation | Affirmed — testimony was admissible to explain police conduct; no Confrontation Clause violation and no prejudice from testimony |
| Brady / ineffective assistance for failing to call cousin (BB gun) | Brady: prosecution suppressed exculpatory tipster-related evidence; IAC: counsel failed to call cousin Anthony Young who purportedly had the BB gun | Defendant says withheld/interviewed witnesses and cousin could have shown only BB gun was used, undermining firearm charge and credibility | Affirmed — no proof of suppressed favorable material or materiality; IAC fails because no proffer/affidavit from Young and trial strategy to avoid emphasizing a BB gun was reasonable |
Key Cases Cited
- People v. Lane, 308 Mich. App. 38 (de novo review of sufficiency; view evidence in light most favorable to prosecution)\
- People v. Riley (After Remand), 468 Mich. 135 (aider-and-abbettor malice/wanton disregard standard)\
- People v. Johnson, 293 Mich. App. 79 (elements of felony-firearm)\
- People v. Chambers, 277 Mich. App. 1 (Confrontation Clause and informant-tip testimony admissible to explain police actions)\
- People v. Trakhtenberg, 493 Mich. 38 (ineffective-assistance standard)\
- People v. Hoag, 460 Mich. 1 (defendant’s burden to establish factual predicate for IAC; need for affidavit/proffer)\
- People v. Carines, 460 Mich. 750 (plain-error review standard)