People of Michigan v. Gerry McCoy
333840
| Mich. Ct. App. | Oct 12, 2017Background
- Defendant Gerry McCoy convicted after bench trial of: felon in possession of a firearm (MCL 750.224f(1)), felon in possession of ammunition (MCL 750.224f(3)), and felony‑firearm (MCL 750.227b(1)).
- Sentences: concurrent 1–5 years for the two felon‑in‑possession counts, consecutive 2 years for felony‑firearm. Appeal followed; conviction affirmed.
- Police searched a house after reports of gunshots; defendant was observed entering the home that day and received mail at the residence.
- A Taurus 709 pistol was found in an attic that is accessible only through the upstairs bedroom defendant shared with his girlfriend; the pistol was in plain sight and not heavily dusted.
- A duffel bag in the upstairs bedroom contained rifle ammunition and mail addressed to defendant; other parole/supervision paperwork belonging to defendant was found in the same room.
- Trial court ruled there was insufficient evidence linking weapons found in the downstairs bedroom to defendant, but found sufficient nexus for the attic firearm and upstairs ammunition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prosecution proved constructive possession of the firearm | Prosecution: defendant lived at the home, mail and paperwork tied to him were found near the contraband, attic only accessible from his bedroom, firearm in plain view | McCoy: multiple occupants and lack of exclusive control undermine constructive possession; no evidence he intended to exercise dominion | Court: Affirmed—totality of circumstances shows sufficient nexus, constructive possession proven |
| Whether prosecution proved constructive possession of ammunition | Prosecution: ammunition in duffel bag with defendant’s mail and near his paperwork in his bedroom | McCoy: location not exclusively controlled; intent to control not shown | Court: Affirmed—proximity plus indicia of control support constructive possession |
| Whether felon‑in‑possession elements satisfied (status + possession) | Prosecution: showed felony status and constructive possession of firearm/ammo | McCoy: challenges possession element only | Court: Affirmed—possession element satisfied, thus convictions stand |
| Whether felony‑firearm established (possession during felony) | Prosecution: possession of firearm during commission supports felony‑firearm | McCoy: insufficient proof of possession so felony‑firearm cannot stand | Court: Affirmed—because possession proven, felony‑firearm upheld |
Key Cases Cited
- Ventura v. People, 316 Mich. App. 671 (standard for reviewing sufficiency of evidence)
- Stevens v. People, 306 Mich. App. 620 (trier of fact determines witness credibility; conflicts resolved for prosecution)
- Bass v. People, 317 Mich. App. 241 (elements of felon‑in‑possession and felony‑firearm)
- Minch v. People, 493 Mich. 87 (constructive possession requires sufficient nexus; power and intent to control)
- Johnson v. People, 466 Mich. 491 (totality of circumstances test for constructive possession)
- Johnson v. People, 293 Mich. App. 79 (proximity plus indicia of control test)
- Hill v. People, 433 Mich. 464 (defining constructive possession: location known and reasonably accessible)
- Simpson v. People, 104 Mich. App. 731 (distinguishable: common area seizure and weaker nexus to defendant)