People of Michigan v. Ladarius Edward Welch
333571
| Mich. Ct. App. | Nov 14, 2017

Background

  • On April 2, 2014 Davontae Weems was fatally shot; defendants Ladarius Welch and Jarquez Swilley were tried jointly and convicted of first‑degree premeditated murder and related firearm charges.
  • Prosecution theory: Welch aided and abetted Swilley, who exited Welch’s van, chased, and shot Weems; Welch allegedly enabled the attack, confirmed the killing, and later helped dispose of the gun.
  • Key witnesses: passenger DeQuaviz Cannon (immunity for testimony) who placed both men in the van and saw Swilley chase/shot Weems, and Arnisha Dorsey (plea deal) who testified Swilley admitted the killing and Welch retrieved the gun.
  • Trial court convicted Welch (aiding/abetting murder, carrying firearm w/ unlawful intent, two felony‑firearm counts) and Swilley (first‑degree murder, carrying firearm w/ unlawful intent, felon in possession, three felony‑firearm counts); both received life terms among other sentences.
  • Defendants raised multiple appellate claims (sufficiency of evidence, severance, accomplice instructions, mistrial for polygraph references, great‑weight/new‑trial, prosecutorial misconduct, ineffective assistance, sentencing issues); the Court of Appeals affirmed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of evidence (Welch aiding/abetting) Evidence showed Welch stopped van, enabled Swilley to exit with a gun, confirmed the killing, and helped dispose of the gun — supporting aiding/abetting with requisite intent/knowledge. Welch argued evidence only showed possible after‑the‑fact conduct or mere guessing of Swilley’s intent, not aiding/abetting. Affirmed: viewed in light most favorable to prosecution, testimony and conduct supported inference Welch aided/abetted with knowledge/intention.
Sufficiency of evidence (Swilley) Cannon’s eyewitness testimony and Dorsey’s statements supported that Swilley chased and shot Weems. Swilley attacked witness credibility and inconsistencies. Affirmed: jury credibility determinations upheld; evidence sufficient for convictions.
Severance / joint trial Prosecution maintained joinder proper; evidence against each defendant was admissible and probative. Welch claimed spillover prejudice and requested separate trial. No plain error: no preserved motion by Welch and evidence against Welch would have been admissible at a separate trial.
Accomplice‑witness instructions N/A (prosecution) Swilley requested accomplice instructions for Dorsey and Cannon; Welch did not request them. Denied: Dorsey was not an accomplice (not at scene); Cannon’s presence alone did not make him an accomplice; trial court’s credibility instructions sufficed.
Mistrial for polygraph references N/A (prosecution) Swilley sought mistrial over recorded calls referencing polygraphs. Denied: references were isolated, vague, not showing tests or results, not used to bolster credibility — no abuse of discretion.
Great‑weight / new trial & prosecutorial misconduct N/A (prosecution) Swilley argued verdicts were against great weight and prosecutor knowingly used perjured testimony. Denied: credibility disputes are for jury; no record showing prosecutor knew of perjury; plain‑error review failed.
Ineffective assistance of counsel N/A (prosecution) Swilley argued counsel failed to investigate or present phone/alibi evidence. Denied: no record proof of missed records or witnesses; strategic decisions presumed reasonable; no prejudice shown.
Sentencing guidelines for lesser counts N/A (prosecution) Swilley argued court erred by not scoring guidelines for lesser offenses. Waived: defense expressly agreed guidelines need not be scored because murder sentence subsumed lesser counts.

Key Cases Cited

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